ABLawg - - Page 32

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

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.

Canada’s Collaborative Modern Treaty Implementation Policy: A New Roadmap in a Long Journey

By David V Wright

On May 31, 2023

In Aboriginal, Indigenous

By: David V. Wright

Matter Commented On: Canada’s Collaborative Modern Treaty Implementation Policy

PDF Version: Canada’s Collaborative Modern Treaty Implementation Policy: A New Roadmap in a Long Journey

After years of requests and proposals from Indigenous Modern Treaty parties, the federal government has released Canada’s Collaborative Modern Treaty Implementation Policy. This is the latest development in a series of law and policy reforms introduced by the federal government in this area in recent years. The main purpose of the new policy is to “support the full, effective, and timely implementation of all current and future Modern Treaties in Canada, with the specific goal of advancing a systemic shift in institutional culture” (Crown-Indigenous Relations and Northern Affairs Canada, News Release, “Modern Treaty Partners and Canada Launch Co-Developed Policy to Transform Intergovernmental Relationships” (28 February 2023)). This short post explains the context into which the new Policy enters and provides a succinct overview of its contents.

Duty to Consult, Honour of the Crown, Project Assessment, and Land-Use Planning in a Modern Treaty Context: More Clarity from the Supreme Court of the Yukon

By David V Wright

On May 25, 2023

In Aboriginal, Energy, Indigenous, Natural Resources

By: David Wright

Matter Commented On: First Nation of Na-Cho Nyäk Dun v Yukon (Government of), 2023 YKSC 5 (CanLII) (Metallic Minerals)

PDF Version: Duty to Consult, Honour of the Crown, Project Assessment, and Land-Use Planning in a Modern Treaty Context: More Clarity from the Supreme Court of the Yukon

The duty to consult and accommodate is now a mature area of jurisprudence, including case law that is “replete with indicia” (Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 (CanLII) at para 41) of what constitutes meaningful consultation. One area that continues to evolve, however, is Crown consultation obligations and the honour of the Crown in modern treaty contexts. The landmark Supreme Court of Canada cases of Beckman v Little Salmon/Carmacks First Nation (2010 SCC 53 (CanLII)) and First Nation of Na-Cho Nyäk Dun v Yukon (2017 SCC 58 (CanLII)), both originating from lower courts in the Yukon, set out the contours of this legal landscape, but some uncertainty remains. In First Nation of Na-Cho Nyäk Dun v Yukon (Government of), 2023 YKSC 5 (CanLII) (Metallic Minerals), the Supreme Court of Yukon (YKSC) provides helpful judicial interpretation and observations in this area. In particular, Chief Justice Suzanne M. Duncan clarifies the law with respect to the Honour of the Crown and the duty to consult and accommodate in context of project-level assessment and land-use planning in the Yukon. This short post provides an overview of the case, as well as brief commentary regarding key points.