PDF version: More grist for the mill, another case of gross negligence under CAPL 1990
Case commented on: Trident Exploration Corp. (Re), 2012 ABQB 242
An operator under a pooling agreement who agrees to take charge of responding to a Crown offset notice and who fails to do so and fails to inform tract owners that it is no longer intending to respond, is grossly negligent within the meaning of Article 4 of the 1990 CAPL Operating Procedure.
PDF Version: Where does legitimate religious expression end and hate speech begin?
Alan Hunsberger, a Wildrose candidate who ran for election for the provincial legislature in Alberta, believes the Edmonton Public School Board’s policy of adopting anti-bullying policies to protect gay and lesbian students is wrong. He says that to adopt such policies is “godless, wicked and profane.” He says that homosexuals ” will suffer the rest of eternity in a lake of fire, hell, a place of eternal suffering.” He went on to write that others shouldn’t accept homosexuals for the way they are because “accepting people the way they are is cruel and not loving.” For the full text of his statement see here.
Should we be concerned? Is this really a freedom of speech issue? Or is it something else?
Case Considered: Canada (A.G.) v PHS Community Services Society, 2011, SCC 44
PDF Version: The Safe Injection Site Precedent: Parliamentary Supremacy vs. Democratic Values?
The recent SCC ruling in Canada (A.G.) v PHS Community Services Society (Insite) caused quite a stir when the Supreme Court of Canada ordered the Minister of Health to exempt a supervised injection site and its clients from drug possession laws.
Some editorial writers and Internet bloggers immediately described the decision as “a new tool for activism” a threat to the “peace between judges and legislators” and as “a confrontation brewing between the Harper government and Canadian courts” on everything from prostitution laws to euthanasia (For example, see Kirk Makin, Landmark Insite Decision Threatens Peace Between Judges and Legislators, The Globe and Mail, October 17, 2011; Kevin l. Boonstra, Cardus, LexView 74.0 – Can Injecting Illegal Drugs Ever Be Safe?, October 26, 2011.).
PDF version: In forma pauperis: A Constitutional Right to Access to Justice
Case commented on: Toronto Dominion Bank v. Beaton, 2012 ABQB 125
Access to justice is a hot topic: it is the stuff of judicial speeches; test case litigation; law society initiatives; and the list goes on. In Toronto Dominion Bank v Beaton, 2012 ABQB 125, which dealt with the seemingly routine issue of whether the court could order a fee waiver for transcripts for a leave to appeal application, Justice Joanne Veit of the Alberta Court of Queen’s Bench held that there is a constitutional right to access to justice, but that it was not breached in the circumstances of the case.
Document considered: Wildrose Platform on Justice, Policing and Human Rights
PDF Version: Kangaroo-ism
My colleague, Jennifer Koshan, has written a serious ABlawg post on “The Alberta Election and Human Rights,” pointing out numerous problems with the Wildrose platform on Justice, Policing and Human Rights. The purpose of this post is much narrower and less serious, and that is to follow up on the “kangaroo courts” insult in the Wildrose policy statement.
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