Page 18

By: Howard Kislowicz

Case Commented On: Wirring v Law Society of Alberta, 2023 ABKB 580 (CanLII)

PDF Version: Religious Freedom and the Oath to the Sovereign

In Wirring v Law Society of Alberta, 2023 ABKB 580 (CanLII), Justice Barbara Johnston for the Alberta Court of King’s Bench granted summary judgment in favour of His Majesty the King in Right of Alberta. The case concerns the objections of Prabjot Singh Wirring to “the portion of the oath mandated by the Legal Profession Act… as set out in the Oaths of Office Act… which includes an oath of allegiance to the sovereign” (at para 1). A person must take the oath to be admitted to the Law Society of Alberta and be entitled to practice law in Alberta. Wirring, who had “obtained a law degree from Dalhousie University and completed his articles” (at para 5) claimed that taking the oath violated his right to freedom of conscience and religion and his right to equality, as protected by ss 2(a) and 15 of the Canadian Charter of Rights and Freedoms. Wirring said that, as an Amritdhari Sikh, “oath of allegiance to the Queen is incompatible with the oath he has sworn to Akal Purakh, [the divine being in the Sikh tradition]” (at para 8).

Transmission Policy in Alberta

By Nigel Bankes

On November 21, 2023

In Energy

By: Nigel Bankes

Document commented on: Alberta, Ministry of Affordability and Utilities, Transmission Policy Review: Delivering the Electricity of Tomorrow, A Green Paper, October 23, 2023

PDF Version: Transmission Policy in Alberta

The Ministry of Affordability and Utilities is currently engaged in a short-fuse consultation on important questions of transmission policy in Alberta. Existing policy in Alberta is informed by a policy paper issued in 2003 that was implemented through provisions of the Electric Utilities Act, SA 2003, c E-5.1 (EUA) and amendments to the Transmission Regulation initially adopted in 2004: Alta Reg 86/2007 (TReg). The principal vehicle for the current consultation is what the Ministry describes as a ‘Green Paper’, Transmission Policy Review: Delivering the Electricity of Tomorrow. As the Green Paper acknowledges, the world has changed significantly since 2003 and it is important to reflect on whether the policy choices made two decades ago are still appropriate given developments in technology, generation mix, and energy and climate policy.

What Are “Unrelated Assets” When It Comes to Environmental Reclamation Obligations? The Lending Industry Needs to Know

By Jassmine Girgis

On November 15, 2023

In Corporate / Commercial, Creditors’ Remedies, Environmental, Insolvency, Oil & Gas

By: Jassmine Girgis

Case Commented On: Mantle Materials Group, Ltd v Travelers Capital Corp, 2023 ABCA 302 (CanLII)

PDF Version: What Are “Unrelated Assets” When It Comes to Environmental Reclamation Obligations? The Lending Industry Needs to Know

In recent years, the courts have seen many cases dealing with unfunded environmental reclamation obligations. Although these obligations have long raised issues, the Supreme Court of Canada’s decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII) (“Redwater”) commenced a new era for determining the priority for environmental end-of-life obligations in Canadian insolvencies (see my earlier post on Redwater, Lessons from Redwater: Disregard the AbitibiBowater Test and Legislate Super Priority for the Regulator).

Not Plenary, but Not Nothing Either: Greenhouse Gas Emissions in the Supreme Court Opinion on the (un)Constitutionality of the Federal Impact Assessment Regime

By David V Wright

On November 10, 2023

In Constitutional, Environmental, Supreme Court of Canada

By: David V. Wright

Case Commented On: Reference re Impact Assessment Act, 2023 SCC 23 (CanLII)

PDF Version: Not Plenary, but Not Nothing Either: Greenhouse Gas Emissions in the Supreme Court Opinion on the (un)Constitutionality of the Federal Impact Assessment Regime

The Supreme Court of Canada (SCC) recently released its opinion on the constitutionality of the federal impact assessment (IA) regime. In a 5:2 majority opinion, Chief Justice Richard Wagner concluded that much of the scheme is unconstitutional for projects falling primarily within provincial jurisdiction. ABlawg has published initial reflections (see here and here), as well as a primer.

One aspect of the majority opinion and any forthcoming legislative amendments that is in need of further attention is the Court’s analysis of greenhouse gas emissions. This post focuses on that aspect. In short, the majority reiterated that there is no plenary federal power to regulate greenhouse gas emissions, and found that Canada had not adequately made the legal argument to support inclusion of a designated project’s greenhouse gas emissions as a basis for triggering the Impact Assessment Act, SC 2019, c 28, s 1 (IAA) or for making final decisions. However, the majority left the door open on this aspect, while also clarifying that there are no constitutional constraints during the assessment phase (i.e. information gathering phase) of the federal process. At the present juncture, the SCC opinion provides some valuable additional clarity regarding greenhouse gas emissions, but very far from total clarity. Uncertainty remains, and that is unfortunate. In the following discussion, I lay out what the majority said and did not say on greenhouse gas emissions, what that means, and what’s next.

Comments on the AER’s Draft Regulations for Rock-Hosted Mineral Mining

By Drew Yewchuk

On November 9, 2023

In Energy

By: Drew Yewchuk

Regulatory Documents Commented on: AER Bulletin 2023-36: Invitation for Feedback on Proposed New Requirements for Rock-Hosted Mineral Resource Development; Draft Directive 0XX: Rock-Hosted Mineral Resource Development

PDF Version: Comments on the AER’s Draft Regulations for Rock-Hosted Mineral Mining

Despite the Alberta Energy Regulator (AER)’s poor reputation and history of scandals, the Alberta government expanded the role of the AER to include a broader role in regulating mining operations. In March 2023 changes to the Responsible Energy Development Act, SA 2012, c R-17.3 gave the AER new powers to regulate almost all types of mining under the Mineral Resource Development Act, SA 2021, c M-16.8. In my view, expanding the mandate and role of the AER is a mistake given their institutional failures and the public’s justified low confidence in the AER.