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Lower Athabasca Regional Plan 10-Year Review

On October 12, 2022

By: David Laidlaw

Matter Commented on: Lower Athabasca Regional Plan

PDF Version: Lower Athabasca Regional Plan 10-Year Review

The Land Use Secretariat (LUS) had commenced the 10-year review of the Lower Athabasca Regional Plan on August 26, 2022, according to the August 29, 2022 News Release, this review was intended to give advice to the Alberta government to “assess the ongoing relevancy and effectiveness of the existing plan in supporting the long-term vision for economic, social and environmental needs in the region.” This is required under section 6(1) of the Alberta Land Stewardship Act, SA 2009, c A-26.8 (ALSA), as previously written about by Professors Mascher, Bankes, and Olszynski. The Lower Athabasca Regional Plan (LARP) was approved in August 22, 2012 with Order in Council 268/2012 as a cabinet level regulation with LARP becoming effective on September 1, 2012. As noted in the LARP Review webpage, “[a) 10-year review does not amend, repeal or replace the regional plan. The 10-year review will result in a report from the Land Use Secretariat to the Stewardship Minister on the ongoing relevancy and effectiveness of the regional plan.”

How does Bankruptcy Impact the Priority of a Writ of Enforcement’s ‘Binding Interest’?

By Jassmine Girgis

On September 23, 2022

In Bankruptcy and Insolvency

By: Jassmine Girgis

Case Commented On: MNP Ltd v Canada Revenue Agency, 2022 ABQB 320 (CanLII)

PDF Version: How does Bankruptcy Impact the Priority of a Writ of Enforcement’s ‘Binding Interest’

This case is about the priority of a writ of enforcement’s “binding interest” upon bankruptcy. As the court found here, where a writ is not fully executed as of the date of bankruptcy, the writ’s binding interest ceases to have effect, rendering the writ holder an unsecured creditor and putting it last in priority, after secured and preferred creditors.

Taking Cybersecurity Seriously: Ten New Principles

By Jack Hoskins

On September 22, 2022

In Internet Law

By: Jack Hoskins

Legislation Commented On: Bill C-26 – An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts, 1^st Sess, 44^th Parl, 2022.

PDF Version: Taking Cybersecurity Seriously: Ten New Principles

Welcome to the golden age of cybercrime. An old pastime of mischievous young computer geeks is now the domain of nation states and professional hacker groups. It’s a trillion-dollar industry. Attacks grow in number and scale every year and no one is safe, not even cybersecurity companies and the NSA. Tools developed to guard against cyberattacks are stolen and repurposed to make hacking faster and subtler. The worst is yet to come. Quantum computing may soon overpower all known methods of encryption, ushering in the “quantum apocalypse.” Deepfakes and AI are only in their infancy.

The Sequoia Bankruptcy Part 4: Costs Lost in Time and Perpetual’s New Subsidiary

By Drew Yewchuk

On September 21, 2022

In Oil & Gas

By: Drew Yewchuk

Cases Commented on: PricewaterhouseCoopers Inc v Perpetual Energy Inc, 2022 ABQB 592

PDF Version: The Sequoia Bankruptcy Part 4: Costs Lost in Time and Perpetual’s New Subsidiary

This is part 4 of a series on the litigation resulting from the Bankruptcy of Sequoia Resources Corp. (Sequoia). Part 1 covered the first application for summary dismissal and an application to intervene. Part 2 covered a costs decision against the trustee and the appeal of the first summary dismissal. Part 3 covered interlocutory decisions and the appeal of the second summary dismissal decision.

Indigenous Jurisdiction and Bill C-92 at the Supreme Court of Canada

By Kate Gunn

On September 20, 2022

In Aboriginal, Constitutional, Family, Indigenous

By: Kate Gunn

Case Commented On: Reference to the Court of Appeal of Quebec in relation with the Act respecting First Nations, Inuit and Métis children, youth and families, 2022 QCCA 185 (CanLII) (unofficial English translation)

PDF Version: Indigenous Jurisdiction and Bill C-92 at the Supreme Court of Canada

Persistent uncertainty regarding the extent to which governments in Canada are prepared to recognize and give effect to Indigenous Peoples’ inherent laws and jurisdiction remains a serious barrier to decolonization and reconciliation. In December 2022, the Supreme Court of Canada will consider this issue directly in the Bill C-92 Quebec Reference case. The Court will determine the constitutionality of federal legislation which affirms Indigenous Peoples’ right to regulate child and family services based on their inherent law-making authority. The decision will also have broader implications for the development of Aboriginal rights jurisprudence, including for Indigenous Peoples’ ability to make decisions based on their inherent laws.