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Bill Commented On: Bill 79, the Proposed Trails Act, 2^nd Sess, 30^th Leg, Alberta, 2021

On November 2, 2021, the Minister of Environment and Parks (Jason Nixon) introduced Bill 79 – the proposed Trails Act – into the legislative assembly for first reading. Initial public reactions varied significantly from the positive endorsements given by recreational trail user groups (such as those quoted in the government’s media statement) to the critical assessments on social media (see here) and environmental groups (such as the Alberta Wilderness Association). One thing Bill 79 does not implement is the trail permit fee on off-highway vehicle (OHV) users which the Minister previously indicated was forthcoming. This omission not only further highlights the glaring absence of the McLean Creek area from the access fee imposed by the Kananaskis Conservation Pass, it also reinforces the view that OHV users have the Minister’s ear on policy development. In this post, we critically examine the actual content in Bill 79 and explain why the proposed Trails Act will result in further damage and destruction to public lands in Alberta.

The 2020/2021 Year in Access to Justice on ABlawg

By Drew Yewchuk

On November 4, 2021

In Access to Justice

By: Drew Yewchuk

PDF Version: The 2020/2021 Year in Access to Justice on ABlawg

Event Commented On: Access to Justice Week 2021

The Canadian Bar Association’s annual Access to Justice Week in Alberta ran from October 25-31, 2021. This post is the annual look back at the past year of access to justice posts on ABlawg. The blog focuses on important cases that changed the law rather than programs that provided access to justice for underserved communities – the access to justice blog covers several of those initiatives, and some other changes not covered on ABlawg.

Family Violence and Family Law in Alberta: The Need for Legislative Reform and Expansive Statutory Interpretation

By Jennifer Koshan

On November 3, 2021

In Family

By: Jennifer Koshan

PDF Version: Family Violence and Family Law in Alberta: The Need for Legislative Reform and Expansive Statutory Interpretation

Legislation Commented On: Family Law Act, SA 2003, c F-4.5 (CanLII)

November is Family Violence Protection Month in Alberta, and this provides a good opportunity to reflect on the laws that address family violence in this province. I have written previously on the intersections amongst laws in Alberta that apply in the context of family violence, as well as how they compare to family violence laws in other jurisdictions (see here and here). Alberta has made good progress in its response to family violence in some areas – for example, residential tenancy law and occupational health and safety law – but there are other areas where we are falling behind, including family law.

Setting Aside and Varying Orders of the Residential Tenancies Dispute Resolution Service for Procedural Unfairness

By Jonnette Watson Hamilton

On November 2, 2021

In Landlord/Tenant, Residential Tenancies Dispute Resolution Service

By: Jonnette Watson Hamilton

PDF Version: Setting Aside and Varying Orders of the Residential Tenancies Dispute Resolution Service for Procedural Unfairness

Cases Commented On: 21006414 (Re), 2021 ABRTDRS 19 (CanLII), 20003149 (Re), 2020 ABRTDRS 18 (CanLII), 20003525 (Re), 2020 ABRTDRS 21 (CanLII), and Hammond v Hammond, 2019 ABQB 522 (CanLII)

This post looks at how difficult it is to have an order of the Residential Tenancy Dispute Resolution Service (RTDRS) set aside or varied. The power of a Tenancy Dispute Officer (TDO) to set aside or vary their own order was added in 2017 to the Residential Tenancies Dispute Resolution Service Regulation, Alta Reg 98/2006 (RTDRS Regulation). Unfortunately, there has been little reported consideration of how the new section 19.1 works. There are three reported Reasons for the Decision from the RTDRS, all of which were written by TDO J. Young. The most recently added Reasons for Decision cited two Court of Queen’s Bench cases that provide some principles that can be used to interpret section 19.1. It is therefore an opportune time to look at how easy (or difficult) it is for a landlord or tenant to persuade a TDO to set aside or vary the TDO’s own order.

Considering the Court’s Reputation: Injunctions and Civil Disobedience

By Daniella Marchand

On October 29, 2021

In Injunctions, Protest

By: Daniella Marchand*

PDF Version: Considering the Court’s Reputation: Injunctions and Civil Disobedience

Decision Commented On: Teal Cedar Products Ltd. v Rainforest Flying Squad, 2021 BCSC 1903 (CanLII)

On September 28^th, 2021, Justice Douglas Thompson declined to grant Teal Cedar Products Ltd. an extension to an injunction that was put in place in response to the growing protests, demonstrations, and blockades preventing Teal Cedar’s access to Fairy Creek in British Columbia. Fairy Creek is located northeast of Port Renfrew, on the territory of the Pacheedaht First Nation. This judgement came as the protests and blockades entered their second year, and recently led to the highest number of arrests during an act of civil disobedience in Canadian history.

Alberta Heads the Wrong Direction with Bill 79 – the Proposed Trails Act

The 2020/2021 Year in Access to Justice on ABlawg

Family Violence and Family Law in Alberta: The Need for Legislative Reform and Expansive Statutory Interpretation

Setting Aside and Varying Orders of the Residential Tenancies Dispute Resolution Service for Procedural Unfairness

Considering the Court’s Reputation: Injunctions and Civil Disobedience