Off-Grid Energy for Bitcoin Mines in Alberta: A Problematic Legal Regime

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Decision Commented On: Alberta Utilities Commission (AUC), Decision 26379-D02-2021, Allegations against Link Global Technologies Inc., Phase 1, August 19, 2021

I don’t know much about Bitcoin operations, but I do know that they need a lot of power to run large computers, and it therefore makes sense for them to locate near cheap sources of power. Over the last several months, there have been a number of stories about Bitcoin operators checking out Alberta locations. For example, Collin Gallant published a nice piece in the Medicine Hat News in April 2021. But this last week (August 25, 2021) the CBC ran with a more detailed story about one of the Bitcoin operators mentioned in Gallant’s piece (Link Global Technologies Inc.) that had co-located close to a shut in gas well to take advantage of cheap fuel to power their gas turbine generators. Continue reading →

“Nine-Tenths of the Problem”: Abolishing Adverse Possession in Alberta

By: Stella Varvis

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Matter Commented On: Alberta Law Reform Institute Survey Results re: Adverse Possession

“Possession isn’t nine-tenths of the law. It’s nine-tenths of the problem.” – John Lennon

The phrase ‘adverse possession’ conjures an old-fashioned, sepia-toned image of outlaw land squatters stealing land from decent, law-abiding folks. Adverse possession has existed in Alberta since the province’s inception. However, the idea that adverse possession rewards a deliberate trespasser and penalizes a registered owner who is forced to give up some of their titled land without any compensation, continues to persist, despite the fact that successful cases are relatively rare. Continue reading →

Appellate Court Discusses Impact of Mental Health on Sentencing in Overturning Jail Term for Possession of Gun

By: Meryl Friedland

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Case Commented On: R v Fabbro, 2021 ONCA 494 (CanLII)

The Ontario Court of Appeal recently released R v Fabbro, 2021 ONCA 494 (CanLII), which addresses the sanction for a criminal offence committed during a mental health crisis. The facts of the case and grounds of appeal relate to a suicide attempt and suicidal ideation, which are discussed throughout this post. Mr. Fabbro’s charges related to possession of a firearm that he was using in an attempt to end his life. The sentencing judge decided that Mr. Fabbro should go to jail for two years for this. The Court of Appeal overturned the decision and substituted a conditional sentence order – colloquially, ‘house arrest’ or jail in the community. Continue reading →

Critical Infrastructure Defence Act Charter Challenge Survives Alberta Government’s Motion to Strike

By: Jennifer Koshan, Lisa Silver and Jonnette Watson Hamilton

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Case Commented On: Alberta Union of Public Employees v Her Majesty the Queen (Alberta), 2021 ABQB 371 (CanLII)

Last summer we posted a critical analysis of Alberta’s Bill 1, the Critical Infrastructure Defence Act, SA 2020, c C-32.7 (CIDA). We argued that CIDA, which prohibits unlawfully entering onto, damaging, or obstructing any “essential infrastructure” in the province, violates several sections of the Canadian Charter of Rights and Freedoms, including freedom of expression (s 2(b)), freedom of peaceful assembly (s 2(c)), freedom of association (s 2(d)), the right to liberty (s 7) and the right to equality (s 15). Shortly after CIDA took effect on June 7, 2020, the Alberta Union of Provincial Employees (AUPE) and three individual plaintiffs brought a constitutional challenge against the law, arguing that it violates those Charter rights and freedoms (with the exception of s 15, which was not raised), as well as sections 1(a), (c), and (d) of the Alberta Bill of Rights, RSA 2000, c A-14 (which protect similar rights as well as the right to enjoyment of property). The plaintiffs also contended that CIDA encroaches on federal jurisdiction under The Constitution Act, 1867, namely, s 91(27) (federal jurisdiction over criminal law) and s 92(10)(a) (federal jurisdiction over interprovincial works and undertakings). In a decision released in June, Justice Shaina Leonard of the Alberta Court of Queen’s Bench dismissed the government’s motion to strike the challenge. Continue reading →

We’ve Got New Harmonized Crowdfunding Rules. But How Will Industry Respond?

By: Dr. Ryan Clements

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Legislation Commented On: National Instrument 45-110, Start-Up Crowdfunding Registration and Prospectus Exemptions

The Canadian Securities Administrators (CSA) recently published, in final form, a harmonized national framework for securities crowdfunding (National Instrument (NI) 45-110), which, subject to ministerial approval, will come into force on September 21, 2021. This is a positive development and shows that provincial securities regulators can work together to make Canadian capital markets more efficient without a national regulator.

It is uncertain, however, how industry will respond – and this is no fault of the regulator. The harmonized framework balances dual policy pillars of investor protection and fair and efficient capital markets, and this should be applauded. But crowdfunding isn’t a panacea. It’s a tool that may fill a small gap in the capital raising ecosystem for start-ups. One might be skeptical about the net impact it will ultimately have on capital formation in Canada, and there are several good reasons why firms and investors may want to avoid it altogether. Continue reading →