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Edmonton’s Encampment Litigation: A View from the Inside

On October 16, 2024

In Injunctions, Police, Provincial Court

Matter Commented On: Edmonton’s Encampment Litigation

PDF Version: Edmonton’s Encampment Litigation: A View from the Inside

In the autumn of 2023, the Coalition for Justice and Human Rights sued the City of Edmonton to limit when and how it forcibly evicts unhoused people from encampments. The Coalition argued that the City’s approach to displacing encampments violated the human rights of encampment residents, as protected by Canada’s Charter of Rights and Freedoms. A court dismissed the Coalition’s claim on a preliminary ground, deciding that the lawsuit should be brought by someone else, and thus the Court did not decide whether the City’s displacement policies infringed the Charter. The case illustrates the difficulties of vindicating the rights of marginalized persons through the courts, raising the troubling prospect that our unhoused neighbours may in theory have the same fundamental rights as the rest of Canadians, but in practice are unable to exercise them.

The Alberta Emergency Statutes Amendment Act, 2024 Surges Executive Powers under the Water Act

By Brenda Heelan Powell

On October 10, 2024

In Emergencies Act, Environmental, Water Law

By: Brenda Heelan Powell, Arlene Kwasniak, Braum Barber, and Ruiping Luo

Statute Commented On: The Alberta Emergency Statutes Amendment Act, 2024, SA 2024, c 9

PDF Version: The Alberta Emergency Statutes Amendment Act, 2024 Surges Executive Powers under the Water Act

Emergency Legislation and the Rule of Law

Since the 1215 Magna Carta, democratic society has been based on the tenet that the Executive in power is not above the rule of law. The United Nations has described the core values underlying the rule of law as follows:

… the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. (United Nations and the Rule of Law).

The Replacement Ministerial Directive on Well Transfers and Outstanding Municipal Taxes

By Drew Yewchuk

On October 9, 2024

In Administrative Law, Oil & Gas

By: Drew Yewchuk

Matter Commented On: Minister of Energy and Minerals, Ministerial Order 096/2024, Direction on Municipal Tax Requirements for Approving Licences

PDF Version: The Replacement Ministerial Directive on Well Transfers and Outstanding Municipal Taxes

On August 26, 2024, Minister of Energy and Minerals Brian Jean signed Ministerial Order 096/2024 (M.O. 096/2024), a direction to the Alberta Energy Regulator (AER) pursuant to section 67 of the Responsible Energy Development Act, SA 2012, c R-17.3 (REDA). M.O. 096/2024 replaces a previous ministerial order from March 2023, with the most significant change being that the AER is now enabled to approve transfers of oil and gas licenses out of the inventories of bankrupt companies so long as the transferee owes less than $20,000 in municipal taxes.

Court of Appeal Grants Permission to Appeal Another AER Coal Decision

By Nigel Bankes

On October 8, 2024

In Administrative Law, Energy

By: Nigel Bankes

Decision Commented On: Ranchland (Municipal District No 66) v Alberta Energy Regulator, 2024 ABCA 309 (CanLII)

PDF Version: Court of Appeal Grants Permission to Appeal Another AER Coal Decision

While my recent coal posts (e.g. here and here) have focused on the efforts of Benga/Northback to resurrect (literally bring back from the dead) its Grassy Mountain Project, it is important to acknowledge that the coal policy decisions (the “flip/flop”) of the Kenney and Smith governments have triggered other litigation. Some of that litigation involves claims to compensation for alleged regulatory takings or constructive expropriation (see Cabin Ridge Project Limited v Alberta, 2024 ABKB 189 (CanLII)) but the case that is the subject of this post deals with other issues – reclamation and opaque AER decision-making.

The Kids are Alright (We Think)

By Fraser Gordon

On October 7, 2024

In Family

By: Fraser Gordon

Case Commented On: Alberta (Child, Youth and Family Enhancement, Director) v LL, 2024 ABCJ 177

PDF Version: The Kids are Alright (We Think)

Do the provisions for initial custody under s 21.1(1), Child, Youth, and Family Enhancement Act, RSA 2000, c C-12 (CYFEA) allow a Court to deny the Director’s application and return a child to his or her guardians, on conditions? Recent cases on this question, all arising out of the Alberta Court of Justice sitting in Edmonton, indicate that this is within the Court’s powers; other regions, however, have not followed these cases, and continue to apply the more restrictive reading of s 21.1, holding a Court is only able to either (1) order the child into custody, or (2) return to the custody of the child’s guardian.