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So Help Me God: ALRI Recommends Changes to Make the Alberta Evidence Act More Inclusive

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On February 8, 2018

In Evidence, Youth and the Law

By: Laura Buckingham

PDF Version: So Help Me God: ALRI Recommends Changes to Make the Alberta Evidence Act More Inclusive

Report Commented On: Alberta Law Reform Institute, Competence and Communication in the Alberta Evidence Act, Final Report 111

It might not be surprising that the first version of the Alberta Evidence Act, adopted in 1910, required judges to investigate the religious beliefs of certain witnesses. What is surprising is that more than a century later, these requirements are still in force in Alberta. Under Alberta law, children, adults with cognitive impairment, and anyone who wishes to make an affirmation instead of swearing an oath may be questioned about their religious beliefs before they are allowed to give evidence.

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Court Dismisses Allegations that Long-Term Care Residents Subsidize Their Health Care Costs

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On February 5, 2018

In Health Law, Torts

By: Lorian Hardcastle

PDF Version: Court Dismisses Allegations that Long-Term Care Residents Subsidize Their Health Care Costs

Cases Commented On: Alberta v Elder Advocates of Alberta Society, 2011 SCC 24 (CanLII) and Elder Advocates of Alberta Society v Alberta, 2018 ABQB 37 (CanLII)

Under provincial health insurance laws and the Canada Health Act, RSC 1985, c C-6, governments fund medically necessary hospital and physician care. There is also a patchwork of public programs (with varying eligibility criteria and co-payments) to subsidize services such as dental care, pharmaceuticals, home care, and long-term care. While the Alberta government pays for health services provided in long-term care facilities, residents pay accommodation charges. These charges, which cover such costs as housing, housekeeping, and meals, are borne by residents on the theory that they would incur such expenses if they were living in their homes in the community. The current accommodation charge ranges from $53.80 per day for a shared room to $65.50 per day for a private room.

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The Morality of #metoo

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On February 2, 2018

In Ethics and the Legal Profession

By: Alice Woolley

PDF Version: The Morality of #metoo

The forced resignation of Patrick Brown as leader of the Ontario Conservatives raises concerns of fairness and due process – for him and for the women accusing him. Christie Blatchford has castigated the party and other public officials for abandoning the “presumption of innocence”, and has highlighted the wrong of ruining a man’s reputation based on anonymous allegations. Others agree. Conversely, the Prime Minister reportedly said that women who made allegations of misconduct “must be believed” and Ontario Premier Kathleen Wynne has said “I believe victims when they come forward”.

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Towards Normative Coherence in the International Law of the Sea for the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction

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On February 1, 2018

In Law of the Sea, Protection of Spaces, Protection of Species

By: Anna-Maria Hubert and Neil Craik

PDF Version: Towards Normative Coherence in the International Law of the Sea for the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction

Document Commented On: International legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, A/RES/72/249, provisionally available as document A/72/L.7

This past November, based on the recommendations of the Preparatory Committee (PrepCom) established under General Assembly Resolution 69/292, the UN General Assembly agreed in Resolution 72/249 to convene an intergovernmental conference “to consider the recommendations of the preparatory committee on the elements and to elaborate the text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, with a view to developing the instrument as soon as possible” (para 1).

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Alberta Releases Draft Woodland Caribou Range Plan: Pie in the Sky

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On January 29, 2018

In Protection of Species

By: Shaun Fluker

PDF Version: Alberta Releases Draft Woodland Caribou Range Plan: Pie in the Sky

Matter Commented On: Alberta Draft Woodland Caribou Range Plan

In late December, Alberta issued its draft Woodland Caribou Range Plan. The Government is seeking public input on the content of this Caribou Range Plan, and is hosting several in-person community sessions over the next couple of months. For more detail on how to submit your comments or attend one of the face-to-face sessions, see here. The Caribou Range Plan has been issued by Alberta in response to the federal Woodland Caribou Recovery Strategy issued in 2012 pursuant to the Species at Risk Act, SC 2002 c 29. The federal Recovery Strategy called upon the provinces to develop range plans by October 2017 to demonstrate how they will protect caribou habitat in their respective jurisdictions. The primary reason for why a federal strategy would rely on provincial action to meet its objectives is because the majority of caribou habitat in Alberta falls on provincial lands, and SARA has very little application on provincial lands. This comment explores the legal framework for the Caribou Range Plan and the content in the draft.

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