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Polar Bear ‘Special Concern’ Designation Raises Some Concerns of Its Own

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On December 5, 2011

In Environmental, Protection of Species

PDF version: Polar Bear ‘Special Concern’ Designation Raises Some Concerns of Its Own

Decision considered: Order Amending Schedule 1 to the Species at Risk Act SOR/2011-233 October 27, 2011.

On November 10, 2011, the Federal Government released its decision to list the polar bear as “special concern” under Schedule 1 of the Species at Risk Act (Species at Risk Act, SC 2002, c 29, hereinafter “SARA”). This decision has been a long time coming. This post reflects on the significance of the decision, and specifically two concerns it raises with the listing process under SARA.

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Why Canada Should Not Withdraw from the Kyoto Protocol

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On December 1, 2011

In Climate Change, Environmental

By: Nigel Bankes

PDF Version: Why Canada Should Not Withdraw from the Kyoto Protocol 

Rumours abound that Canada will withdraw from the Kyoto Protocol later this month. While Canada’s Minister of the Environment, Peter Kent, will not confirm these rumours (Montreal Gazette, November 29, 2011) there is reason for thinking that withdrawal is being actively considered if not already decided on (see “Canada to pull out of Kyoto Protocol next month“?)

This post discusses four questions. First, what is the law pertaining to withdrawal from an international environmental agreement (MEA)? Second, why is withdrawal being considered and what other options are available? Third, what might be some of the ramifications of a Canadian withdrawal? And fourth, what is the legal nature of the current commitment: whom does it bind?

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The property rights debate in Alberta

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On December 1, 2011

In Natural Resources, Property

PDF version: The property rights debate in Alberta 

Document commented on: “Albertans asked for property rights input,” Government of Alberta Press Release, November 24, 2011

Premier Redford has announced the creation of a task force to ask “Albertans for their concerns regarding property rights.” According to the Press Release, Premier Redford has “heard concerns from landowners that their property rights need to be better respected,” and takes the view that “We need to move towards a more common-sense approach when it comes to property rights.”

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Cost Decision from Canadian Human Rights Commission Case: Implications for Albertans

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On November 29, 2011

In Access to Justice, Civil Procedure, Human Rights

PDF version: Cost Decision from Canadian Human Rights Commission Case: Implications for Albertans 

Decision considered: Canadian Human Rights Commission v Canada (AG), 2011 SCC 53 (“Mowat“)

The Supreme Court of Canada’s (“SCC”) decision about costs in the Mowat case was released in October, and this will have significant ramifications in cases under the Canadian Human Rights Act, RSC 1985, c H-6 (CHRA). (See my blog on the decision of the Federal Court of Appeal for a discussion of the facts of the case here). The issue of costs in the context of human rights cases is significant, as it may become an access to justice issue, especially in cases with public interest issues.

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What is the effect of an invalid caveat? What is the effect of the lapse of an invalid caveat?

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On November 25, 2011

In Property

PDF version: What is the effect of an invalid caveat? What is the effect of the lapse of an invalid caveat?

Case commented on: Humford Developments Ltd. v 1026451 Alberta Ltd., 2011 ABQB 655

The decision of the Alberta Court of Appeal in Holt Renfrew & Co. v Henry Singer Ltd., (1982), 20 Alta LR (2d) 97 (CA) tells us that an old caveat protecting an old lease cannot protect a new lease, and that an invalid caveat purporting to protect an agreement for sale cannot protect the priority of that interest as against a subsequent caveat filed to protect the new lease. In this case (Humford) Justice Clackson concludes that a caveat that was invalid ab initio can protect the assignee of a lease against a new registered owner and that the lapse of such a caveat is immaterial. I think that the first part of this conclusion is mistaken.

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