Page 26

By: Jonnette Watson Hamilton and Nigel Bankes

Cases commented on: St Pierre v Schenk, 2020 ABCA 382 (CanLII); Calgary (City) v Teulon, 2021 ABQB 388 (CanLII); St Pierre v North Alberta Land Registry District (Registrar), 2023 ABCA 153 (CanLII)

PDF Version: The Basics of Alberta’s Torrens Title System: Three Cases

These three decisions about the basic elements of Alberta’s Torrens title system cover a wide range of issues. The two Alberta Court of Appeal decisions – one a reserved judgment – arise from the same set of facts, which feature a case of forgery. The first decision looks at whether the registration of a caveat will cure the caveator’s defective title, and the second discusses the Registrar’s liability for the caveator’s loss of an interest in land. The Court of King’s Bench decision stems from facts that are less straight-forward. It considers three statutory exceptions to the principle of indefeasibility that underlies Alberta’s Torrens title system: prior certificate of title, misdescription, and one of the listed exceptions in section 61 of the Land Titles Act, RSA 2000, c L-4 (LTA) (an alleged public highway).

Commissioner Trussler Should Recommend Sanctions Against Premier Smith

By Nigel Bankes

On June 30, 2023

In Ethics and the Legal Profession

By: Nigel Bankes and Jennifer Koshan

Matter Commented On: Conflicts of Interest Act, RSA 2000, c C-23 and the Report on Allegations involving Premier Danielle Smith

PDF Version: Commissioner Trussler Should Recommend Sanctions Against Premier Smith

In her report of May 17, 2023, Ethics Commissioner Marguerite Trussler concluded that Premier Danielle Smith had violated section 3 of the Conflicts of Interest Act, RSA 2000, c C-23, when she contacted the Minister of Justice and Attorney General within hours of taking a call from Artur Pawlowski, where she discussed the criminal charges he was facing. However, the Commissioner went on to note that at that point she was making no recommendations “with respect to sanctions against the Premier for consideration of the Legislative Assembly of Alberta” but that she reserved “the right to make recommendations once the Legislative Assembly is back in session” (at 16). Commissioner Trussler also made two additional recommendations. The first was that “[a]ll new Members of the Legislative Assembly of Alberta attend mandatory training upon election about the structure of Canadian government and the roles of the three branches of government” (at 16). The second was that the Legislative Assembly “consider whether to amend the Conflicts of Interest Act to provide for a stay on any ongoing investigation from the time that the writ drops for an election until the election results are certified” (at 16).

Bridging the Digital Divide: Encouraging Societal Participation in the Face of an Increasingly Digital World

By Hasti Pourriahi

On June 26, 2023

In Equity, Diversity, and Inclusion, Internet Law

By: Hasti Pourriahi

Matter Commented On: Bank of Canada Public Consultation and the Digital Divide

PDF Version: Bridging the Digital Divide: Encouraging Societal Participation in the Face of an Increasingly Digital World

The Bank of Canada’s pursuit to introduce a digital Canadian dollar is often prefaced by reference to the necessity of this development, should digital currencies issued by other countries become widespread enough that they begin compromising centrally issued currencies. Most recently, in May of 2023, a public consultation was launched around a potential central bank digital currency (CBDC) which accepted responses until June 19, 2023. The Bank of Canada recognizes that a decline in cash use could leave groups of Canadians financially excluded, especially considering ongoing unequal levels of access to technological resources and advancements.

Experiential Learning in Legal Education – Creating “Whole Lawyers”

By Nickie Nikolaou

On June 22, 2023

In Legal Education, Legal Research

By: Nickie Nikolaou

Matter commented on: A Research Study on Experiential Learning in UCalgary Law’s Advocacy Course

PDF Version: Experiential Learning in Legal Education – Creating “Whole Lawyers”

In 2016, the University of Calgary Faculty of Law’s third-year Advocacy course was completely redesigned to create an intensive capstone student-centered experiential learning program. The goal was for students to become “whole advocates” and “whole lawyers” who are equipped with the requisite knowledge, skills, and competencies to enter an evolving legal services market. In 2021, I undertook a research project with Lisa Silver (now the Honourable Justice Silver of the Alberta Court of King’s Bench) and JD student Alexander Dingman to reflect upon the teaching and learning occurring in this course. The project evaluated whether student learning was/is occurring as intended, how it was/is occurring, and what changes might be needed to deepen and facilitate that learning. This blog post discusses our research project, shares our findings, and makes suggestions for refining experiential learning in legal education, including in our Advocacy course.

Investigating the Orphan Fund Levy Using Freedom of Information Requests

By Drew Yewchuk

On June 21, 2023

In Oil & Gas, Privacy

By: Drew Yewchuk

Decision Commented on: Freedom of Information Request to the Alberta Energy Regulator 2021-G-0025

PDF Version: Investigating the Orphan Fund Levy Using Freedom of Information Requests

This is a follow-up on an earlier ABlawg post from March 2022: “How is the Orphan Fund Levy Set? Alberta’s Oil and Gas Clean-up Costs in 2022”. That post was the result of work by the Public Interest Law Clinic on how Alberta’s oil and gas clean-up liabilities were being managed. That post tried to answer the question of how the Alberta Energy Regulator (AER) was setting the amount of the Orphan Fund Levy.