ABLawg - - Page 58

Case Commented On: Conlin v Edmonton (City) Police Service, 2021 ABCA 287 (CanLII)

In Conlin v Edmonton (City) Police Service, 2021 ABCA 287 (CanLII) [Conlin], a 5-panel court of appeal refines the threshold standard by which public complaints against the police are assessed by the Chief under s 45(3) of the Police Act, RSA 2000, c P-17. In doing so, the court clarifies past appellate decisions but stops short of fully expressing the Chief’s authority to send an allegation to a disciplinary hearing under the Act. As part of this power, the Chief exercises a screening function under s 45(3). If the Chief is of the “opinion” that the complaint constitutes a contravention, the allegation is then subject to a disciplinary hearing. Even when an allegation passes this threshold bar, s 45(4) allows the Chief to dismiss an allegation of misconduct when it is “not of a serious nature.”

The Federal Government’s Proposal to Address Online Harms: Explanation and Critique

By Darryl Carmichael

On September 13, 2021

In Internet Law

By: Darryl Carmichael and Emily Laidlaw

PDF Version: The Federal Government’s Proposal to Address Online Harms: Explanation and Critique

Commented On: The Federal Government’s proposed approach to address harmful content online

In late July, the Federal Government introduced its proposal for online harms legislation for feedback. It comprises a discussion paper outlining the government’s approach to regulating social media platforms and a technical paper that provides more detail on the substance of the proposed law. The proposal is part of a suite of law reform efforts by the Canadian government concerning what can broadly be categorized as platform regulation and content regulation issues. They include Bill C-10 to reform broadcasting laws, which stalled when it hit the Senate floor (for now at least) and proposed legislation to combat hate speech and hate crimes. The timing of the online harms and hate speech proposals has been a point of contention so close to the election call. Regardless of the election result in September, it is worthwhile analyzing this proposal because the Canadian government will need to prioritize law reform in this area. Online harms legislation is sweeping the globe, and Canada is well overdue to address these issues. For better or worse (as remains to be seen), new laws have been proposed or passed in Europe, the United Kingdom (UK), Australia, India, and Turkey, to name a few.

Alberta’s Plan for Climate Resilience is Government Propaganda

By Drew Yewchuk

On September 8, 2021

In Climate Change, Energy

By: Drew Yewchuk

PDF Version: Alberta’s Plan for Climate Resilience is Government Propaganda

Matter Commented On: The Canadian Energy Centre’s Request for Proposal for a Creative and Production Agency

After the 2019 Alberta election, the new government replaced the previous Carbon Competitiveness Incentive Regulation, Alta Reg 255/2017 with the new Technology Innovation and Emissions Reduction Regulation, Alta Reg 133/2019 (TIER). Both were regulations under the Emissions Management and Climate Resilience Act, SA 2003, c E-7.8. For the story of the development of TIER, refer to this post from Nigel Bankes.

TIER changed the name of the Climate Change and Emissions Management Fund to the Technology Innovation and Emissions Reduction Fund (TIER Fund). The fund accumulates money from emitters who fail to meet their emission targets. The fund can only be used for the purposes in section 10 (3)-(4.2) of the Act:

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

By Nigel Bankes

On August 31, 2021

In Energy, Utility Regulation

By: Nigel Bankes

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

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.

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

By Stella Varvis

On August 27, 2021

In Law Reform, Property

By: Stella Varvis

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

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.

Taking the Police Act Seriously

The Federal Government’s Proposal to Address Online Harms: Explanation and Critique

Alberta’s Plan for Climate Resilience is Government Propaganda

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

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