ABLawg - - Page 338

By: Jonnette Watson Hamilton

PDF Version: Vindication of a Residential Tenant’s Rights – At Least Temporarily

Case Commented On: Lautner v Searle, 2011 ABQB 263

This very short decision by Master Walter H. Breitkreuz, Q.C., is about an unjustified and unsuccessful attempt by a landlord to quickly evict an elderly and ill tenant from rental premises that had been his home for more than 10 years. Memorandums of Decision – even 8 paragraph ones – are not often written about residential tenancy matters. But this is a victory by a tenant that deserves publicizing, even if the only apparent result of the victory is to extend the time that the tenant has to vacate the premises from 14 days to 3 months. Without publicity, there is no possibility of discouraging other landlords from acting in an equally heavy-handed manner.

Interim Report on Violence Against Aboriginal Women Released

By Jennifer Koshan

On April 29, 2011

In Aboriginal, International Law, State Responses to Violence

PDF version: Interim Report on Violence Against Aboriginal Women Released

Report Commented on: House of Commons Standing Committee on the Status of Women Interim Report, Call Into The Night: An Overview of Violence Against Aboriginal Women

Just before the House of Commons was dissolved for the election, the House of Commons Standing Committee on the Status of Women tabled its Interim Report, Call Into The Night: An Overview of Violence Against Aboriginal Women. In a news release, the Honourable Hedy Fry, Chair of the Committee, stated as follows: “It is rare that an all party Committee displays such unanimity, urgency and passion in getting its message out. All members were so astounded and overwhelmed by the systemic, institutionalised nature of the violence against Aboriginal women that we wanted to make sure, this time, that their voices will be heard; that their cries for help and the hope which these hopeless and desperate women had placed in us was not lost because of an election call.” I blogged on the Committee’s Edmonton hearing back in January, focusing on the lack of attention the study was receiving in the media. The silence around violence against Aboriginal women is also identified as a major issue in the Committee’s Interim Report (at 3-4).

Citing Blawgs

By Admin

On April 26, 2011

In Blogs and Websites

Omar Ha-Redeye recently wrote an interesting post for Slaw on Citing Blogs in Law Journals, which generated quite a bit of discussion about the role of blogs as legal authority. Here at ABlawg we’re aware of a couple of our posts that have been cited in factums and other legal arguments. Nigel Bankes’ post When is a non-operator entitled to a constructive trust over the operator’s own assets? was referred to in a factum filed by the appellant in its appeal of Brookfield Bridge Lending Fund Inc. v. Vanquish Oil and Gas Corporation, 2008 ABQB 444, and Jennifer Koshan’s post Rule of Law, Deference and Contempt: Another Chapter in the Black Bear Crossing Dispute was cited by counsel for the appellant in its application for leave to appeal Tsuu T’ina Nation v. Frasier, 2009 ABCA 140 to the Supreme Court of Canada. We are interested in hearing from ABlawg readers if you are aware of other ABlawg posts that have been cited in legal arguments, academic articles and other legal materials. And we’d also love to hear your views on the citation of blawgs as legal authority.

Giving legal effect to the designation of the Grizzly Bear as an endangered species under the Wildlife Act (Alberta)

By Shaun Fluker

On April 21, 2011

In Administrative Law, Protection of Species

PDF version: Giving legal effect to the designation of the Grizzly Bear as an endangered species under the Wildlife Act (Alberta)

Decision considered: Shell Canada – Application for licenses in the Waterton Field, 2011 ABERCB 007

In March 2008 the Alberta department of Sustainable Resource Development (“SRD”) issued the Alberta Grizzly Bear Recovery Plan 2008-2013 (“SRD Grizzly Bear Recovery Plan“) under section 6 of the Wildlife Act, RSA 2000, c. W-10. The goal of the SRD Grizzly Bear Recovery Plan is to restore and ensure the long-term viability of a self-sustaining grizzly bear population in Alberta (SRD Grizzly Bear Recovery Plan at page 20). On June 9, 2010 the Minister of Sustainable Resource Development enacted the Wildlife (Endangered Animal, 2010) Amendment Regulation, Alta Reg 86/2010 which designates the grizzly bear as an endangered species under the Wildlife Act. In this comment, I set out how this designation in law implicates the decision-making powers of the Energy Resources Conservation Board (“ERCB” or “Board”).

No Advance Costs Awarded on Charter Application

By Melissa Luhtanen

On April 20, 2011

In Access to Justice, Constitutional

PDF version: No Advance Costs Awarded on Charter Application

Case considered: D.W.H. v D.J.R., 2011 ABQB 119

Mr. H. and Mr. R. lived together as partners and planned to have a baby through a surrogate mother. The baby lived with the two male partners and visited the surrogate mother once or twice a week. The couple separated and Mr. H. applied for access. Madame Justice K.M. Eidsvik in D.W.H. v D.J.R., 2009 ABQB 438 found that the child had a mother (who was the surrogate), but no father who would be recognized in law (see Melissa Luhtanen, Gay Fathers Not Seen as Parental Unit Under Family Law Act). Mr. H. was given access to the child and later, Mr. R. successfully applied to become the child’s guardian. Mr. H. also applied for guardianship but his application was opposed. Mr. H. proceeded to make a section 15 Charter challenge to the validity of relevant sections of the Family Law Act, SA 2003, c. F-4.5 (“FLA“) and Vital Statistics Act, RSA 2000, c. V-4 (“VSA“). In that application, Mr. H. is arguing that these sections discriminate against him on the grounds of gender and sexual orientation. The present application is for advance or interim costs in order for Mr. H to retain counsel for the constitutional argument.