ABLawg

This year the University of Calgary Gale Cup Team had the honour of representing Canada at the 2009 Commonwealth Moot Competition in Hong Kong. The Commonwealth Moot Competition is held biennially in conjunction with the Commonwealth Law Conference. Each Commonwealth region is permitted to send one representative team to compete in the moot. This year, 11 countries (of the 13 designated regions) were represented at the competition: the United Kingdom, Australia, New Zealand, India, Hong Kong, Ghana, South Africa, Singapore, Mozambique, Canada, and Sri Lanka.

Within Canada, teams qualify for the Commonwealth Moot by winning the Gale Cup Moot held annually in Toronto. Two years ago, Osgoode Hall represented Canada in Kenya at the competition. This year, for the first time ever, the University of Calgary won the Gale Cup and had the fortuitous timing of winning in a year in which the Commonwealth Moot took place. Overall, we fared quite well in the competition as we placed 5th based on overall team scores. The South African team, from the University of Pretoria, won the competition.

The GM Saga So Far

By Jassmine Girgis

On June 5, 2009

In Bankruptcy and Insolvency, Corporate / Commercial

PDF version: The GM Saga So Far

The current financial crisis is arguably the largest corporate debacle and multi-market crash since the Great Depression. Its costs for corporations are substantial and many high profile companies have filed for bankruptcy protection under Chapter 11 (U.S. Code, Title 11, Chapter 11) or the Companies’ Creditors Arrangement Act (R.S., 1985, c. C-36) (“CCAA“). In the United States and elsewhere, this has even affected financial institutions, institutions previously viewed as “too big to fail”, namely AIG, Citigroup, Bear Stearns, IndyMac Bank, F.S.B. (the second largest bank failure in U.S. history), Federal National Mortgage Association (Fannie Mae), Federal Home Loan Mortgage Corporation (Freddie Mac), Lehman Brothers, and Wells Fargo. To date, many Canadian corporations have filed for CCAA protection.

Canada’s Temporary Immigration System

By Kristyn Stevens

On June 4, 2009

In Constitutional, Immigration and Refugee Law, Labour/Employment

Report considered: Standing Committee on Citizenship and Immigration, Temporary Foreign Workers and Non-Status Workers (May 2009)

PDF version: Canada’s Temporary Immigration System

“If a person is good enough to work here, a person is good enough to stay here.” This was the sentiment expressed in the recently released Report of the Standing Committee on Citizenship and Immigration, entitled Temporary Foreign Workers and Non-Status Workers (40th Parl., 2nd Sess. (May 2009)). Canada’s Temporary Foreign Worker’s Program was established to meet short-term labour shortages in the Canadian economy. Despite this initial goal, it has actually become more of a long-term solution to labour shortages and for immigrants wishing to make Canada their home. Temporary Foreign Workers (TFWs) remain in Canada for longer than the intended period, but maintain their “temporary status” and the limited rights that go along with that.

Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

By Nickie Nikolaou

On June 3, 2009

In Environmental, Natural Resources, Oil & Gas

Case Considered: Kelly v. Alberta (Energy and Utilities Board), 2009 ABCA 161

PDF version: Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

In an earlier post, I suggested that a recent development in the Kelly appeal would likely lead the Court of Appeal to declare the appeal moot (see “An Important Development in the Kelly Appeal“). I also suggested that, although this would not be a surprising decision, it would amount to a disappointing end for an appeal which held out promises of elucidating important legal issues. The Court of Appeal has indeed dismissed the Kelly appeal as moot. Although this result is certainly disappointing from a legal point of view, it is perhaps less so from a societal and public participation point of view.

To Employ or Not to Employ: Is That the Question?

By Linda McKay-Panos

On June 2, 2009

In Human Rights, Labour/Employment

Case considered: Lockerbie & Hole Industrial Inc. v. Alberta (Human Rights and Citizenship Commission), 2009 ABQB 241, overturning Donald Luka v. Lockerbie & Hole Industrial Inc. and Syncrude Canada, Alberta Human Rights and Citizenship Commission, February 15, 2008 (Beth Bryant)

PDF version: To Employ or Not to Employ: Is That the Question?

An appeal of a Human Rights Panel (“Panel”) decision brings to the fore an issue that has arisen in many human rights cases. When there is a complaint of discrimination in the area of employment under s. 7 of the Human Rights, Citizenship and Multiculturalism Act, R.S.A 200, c. H-14 (“HRCMA“), who will be considered an “employer”? This is especially pertinent in the current marketplace in Alberta where workers are often contractors or sub-contractors.

2009 Commonwealth Moot – Reflections from the Canadian Team

The GM Saga So Far

Canada’s Temporary Immigration System

Charter and Oil and Gas Issues to Await Another Day: A Disappointing End to the Kelly Appeal?

To Employ or Not to Employ: Is That the Question?