ABLawg

By: John-Paul Boyd

PDF Version: Second CRILF Report on Polyamory Studies Sociodemographic Attributes and Attitudes

Report Commented On: “Perceptions of Polyamory in Canada”, Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family completed its second report on polyamory in January. The Institute’s first report, completed in April 2017, addressed how the legal issues arising from the formation and dissolution of polyamorous relationships are dealt with under the domestic relations legislation of Canada’s common law provinces, and included a preliminary analysis of the data gathered from a national survey administered over the course of seven weeks in the summer of 2016. The new report takes a much deeper look at the survey data and examines the sociodemographic attributes and attitudes of people identifying as polyamorous, with the goal of obtaining a better understanding of the prevalence and nature of polyamorous relationships to inform the development of family justice policy and legislation.

Multi-Jurisdictional Assessment and Bill C-69 – The Further Fading Federal Presence in Environmental Assessment

By Arlene Kwasniak

On March 26, 2018

In Environmental

By: Arlene Kwasniak

PDF Version: Multi-Jurisdictional Assessment and Bill C-69 – The Further Fading Federal Presence in Environmental Assessment

Bill Commented On: Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and make consequential amendments to other Acts

This is a continuation of the series of ABlawg posts on Bill C-69. The Impact Assessment Act (IAA) part of Bill C-69 is intended to replace the Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 (CEAA 2012). This post concerns how the proposed IAA addresses the situation where more than one jurisdiction has decision-making authority over a project and each jurisdiction requires an impact assessment (IA). A key question for federal legislators is should there be two (or more) assessments or one assessment? And if one, what is the nature of that process, and what roles must the respective jurisdictions play in the assessment?

Alberta Suspends Habitat Protection Plans for Endangered Woodland Caribou

By Shaun Fluker

On March 23, 2018

In Protection of Species

By: Shaun Fluker

PDF Version: Alberta Suspends Habitat Protection Plans for Endangered Woodland Caribou

Case Commented On: Minister of Environment and Parks March 19, 2018 Letter re: Alberta Draft Woodland Caribou Range Plan

On March 19 the Minister of Environment and Parks issued a letter stating Alberta is suspending plans to designate additional protected areas for endangered caribou habitat to allow for a further review of the socio-economic costs associated with implementing Alberta’s draft Woodland Caribou Range Plan. The Minister indicates this decision is in response to concerns raised in community consultations (see here) about the economic impacts of the proposed caribou protection and recovery measures in the Plan. There is also a not-so-subtle message from the Minister that if the federal government wants to see action on the caribou file, there needs to be a significant infusion of federal cash. However, the overall message here is the abdication of responsibility for protection and recovery of caribou. My intention in writing this short comment is to highlight where the Minister places an incorrect gloss on the law to conceal this failure to act.

Evidentiary Issues with Claim of Racial Profiling in R v Kenowesequape

By Chad Haggerty

On March 22, 2018

In Aboriginal, Criminal

By: Chad Haggerty

PDF Version: Evidentiary Issues with Claim of Racial Profiling in R v Kenowesequape

Case Commented On: R v Kenowesequape, 2018 ABQB 135 (CanLII)

In 1999, the Ontario Court of Appeal adopted the following definition of “racial profiling”

Racial profiling is criminal profiling based on race. Racial or colour profiling refers to that phenomenon whereby certain criminal activity is attributed to an identified group in society on the basis of race or colour resulting in the targeting of individual members of that group. In this context, race is illegitimately used as a proxy for the criminality or general criminal propensity of an entire racial group (R v Richards, 26 CR (5th) 286, 1999 CanLII 1602 (ON CA) at para 24).

In R v Kenowesequape, Madam Justice Khullar of the Alberta Court of Queen’s Bench was tasked, in part, with determining whether an allegation of racial profiling was justified. This post will focus on the court’s rejection of the argument that racial profiling was in play during this police action.

Bill C-69, the Impact Assessment Act, and Indigenous Process Considerations

By David Laidlaw

On March 15, 2018

In Aboriginal, Environmental

By: David Laidlaw

PDF Version: Bill C-69, the Impact Assessment Act, and Indigenous Process Considerations

Legislation Commented On: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (Bill C-69)

On February 8, 2018, the Minister of the Environment and Climate Change [Minister] submitted Bill C-69 for first reading. Bill C-69, should it pass, proposes to enact the Impact Assessment Act [IAA], continue the Canadian Environmental Assessment Agency under the name Impact Assessment Agency of Canada [Agency], establish the Canadian Energy Regulator [CER] to replace the National Energy Board, and amend the Navigation Protection Act, RSC 1985, c N-22 with consequential amendments.