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Building a Reclamation Security Regime for Electricity Generation: Transparent, Constrained, Fair, and Credible

On November 27, 2023

By: Martin Olszynski

Matter commented on: Proceeding: 28501 – Inquiry into the ongoing economic, orderly, and efficient development of electricity generation in Alberta – Module A

PDF Version: Building a Reclamation Security Regime for Electricity Generation: Transparent, Constrained, Fair, and Credible

On August 3, 2023, the Alberta Utilities Commission (AUC) initiated an inquiry into the ongoing economic, orderly, and efficient development of electricity generation. As has been my practice in such matters (see e.g. here), what follows is my own submission to the AUC, dated December November 20, 2023, modified only for formatting purposes.

Electronic Wills, Electronic Signatures, and Emojis

By Matthew Mazurek

On November 24, 2023

In Law Reform, Wills and Estates

By: Matthew Mazurek

Report Commented On: Alberta Law Reform Institute, Creation of Electronic Wills, Final Report 119

PDF Version: Electronic Wills, Electronic Signatures, and Emojis

On October 19, 2023, the Alberta Law Reform Institute published Final Report 119, Creation of Electronic Wills. In it, we recommend that the Wills and Succession Act, SA 2010, c W-12.2 (WSA) should explicitly permit electronic wills. To do this, the rules for the creation of electronic wills should largely mirror the formalities for a paper will. These formalities have been in use for centuries and seem to suffice for our probate system. The traditional wills formalities can be used in the electronic medium. In fact, similar formalities have been used in the electronic medium in other legal contexts. More specifically, we recommend that formal electronic wills should be:

readable as electronic text;
signed by the testator using an electronic signature; and
signed by two witnesses, who are both present at the same time for the testator’s signature, using an electronic signature.

Gender-Affirming Names and Pronouns, Parental Control, and Family Violence

By Jennifer Koshan

On November 23, 2023

In Constitutional, Family, Human Rights

By: Jennifer Koshan

Policy Proposal Commented On: United Conservative Party, Annual General Meeting Policy and Governance Resolutions, Policy Resolution 8 (November 2023)

PDF Version: Gender-Affirming Names and Pronouns, Parental Control, and Family Violence

Content Warning: This post contains descriptions of family violence and gender identity abuse.

At the United Conservative Party (UCP)’s recent annual general meeting, party members voted on a number of policy proposals. Policy Resolution 8 was “almost unanimously” supported, and would “[r]equire Teachers, Schools, and School Boards to obtain the written consent of the parent/guardian of a student under the age of 16 prior to changing the name and/or pronouns used by the student” (United Conservative Party, Annual General Meeting Policy and Governance Resolutions at 38 (UCP Resolutions)). In a similar vein, Policy Resolution 17 would require the government to “[s]upport a comprehensive Bill of Parental Rights which ensures that all legislation will recognize and support parents’ rights to be informed of and in charge of all decisions to do with all services paid for by the province, including education and health care” (UCP Resolutions at 49). The Minister of Education, Demetrios Nicolaides, recently stated that the government is having an “active conversation” about this matter.

Religious Freedom and the Oath to the Sovereign

By Howard Kislowicz

On November 22, 2023

In Constitutional

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.