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Judging Family Violence: Recommendations for Judicial Practices and Guidelines in Family Violence Cases

By: Deanne Sowter and Jennifer Koshan

PDF Version: Judging Family Violence: Recommendations for Judicial Practices and Guidelines in Family Violence Cases

There have been some recent legal developments that compel us to consider the role and responsibilities of judges in cases involving family violence. First, amendments to the Divorce ActRSC 1985, c 3 (2nd Supp), came into effect in March 2021 and the Act now stipulates that family violence is a factor relevant to the best interests of the child. Family violence is finally recognized federally as germane to judicial decisions on parenting, though it is not explicitly recognized as relevant to whether negotiated settlements are an appropriate expectation, which has important implications for the judge’s role in this area. Second, there has been heightened attention to judicial education in the context of gender-based violence, most directly through Bill C-3 (Second Session, Forty-third Parliament). This Bill received Royal Assent in May 2021 and revised the Judges Act, RSC 1985, c J-1, such that in order to be eligible for appointment to superior courts, prospective judges undertake to participate in continuing education on sexual assault law and social context (s 3(b)). While limited to sexual violence, these amendments raise issues about judicial education that are relevant in the family violence context as well. Third, the Canadian Judicial Council (CJC) released its newly revised Ethical Principles for Judges (EPJ) in June 2021. The EPJ do not explicitly reference family violence, which is a concern, but there are also opportunities to interpret the EPJ to ensure that family violence considerations are front of mind for judges hearing cases or conducting judicial mediation. In this post, we consider these developments and make recommendations for judicial practices and guidelines that better reflect the gravity and context of family violence.

Interpreting the Generalized Duty of Good Faith in Insolvency Proceedings

By: Jassmine Girgis

PDF Version: Interpreting the Generalized Duty of Good Faith in Insolvency Proceedings

Case Commented On: CWB Maxium Financial Inc v 2026998 Alberta Ltd, 2021 ABQB 137 (CanLII)

In CWB Maxium Financial Inc v 2026998 Alberta Ltd, 2021 ABQB 137 (CanLII), the court considered the duty of good faith in the Bankruptcy and Insolvency Act, RSC 1985, c B-3, s 4.2 [BIA], and the Personal Property Security Act, RSA 2000, c P-7, s 66(1) [PPSA], in relation to the plaintiff lenders seeking a final order of receivership against the defendant debtors. This post will focus on the duty in the context of insolvency. It will also comment on and contrast the equitable duty of fairness under the corporate oppression remedy.

Province of Alberta Issues a Request for Full Project Proposals For Carbon Sequestration Hubs

By: Nigel Bankes

PDF Version: Province of Alberta Issues a Request for Full Project Proposals For Carbon Sequestration Hubs

Document Commented On: Request for Full Project Proposals For Carbon Sequestration Hubs, December 2, 2021

Following an earlier announcement (Information Letter 2021-19) in May 2021 (commented on here) and then a call for Expressions of Interest (EOI) in September (commented on here, the link to the EOI is now broken and the EOI no longer seems to be available), the province has now moved to the next stage in developing its hub-based carbon capture and storage (CCS) policy with the issuance of a “Request for Full Project Proposals For Carbon Sequestration Hubs” (RFPP). This latest RFPP indicates that

Bill 77, Unpaid Municipal Taxes, and the Connection to the Inactive and Orphan Wells Problem

By: Drew Yewchuk

PDF Version: Bill 77, Unpaid Municipal Taxes, and the Connection to the Inactive and Orphan Wells Problem

Bill Commented On: Alberta’s Bill 77: Municipal Government (Restoring Tax Accountability) Amendment Act, 2021, 2nd Session, 30th Legislature

Alberta’s Bill 77: Municipal Government (Restoring Tax Accountability) Amendment Act, 2021 (2nd Session, 30th Legislature) is moving towards becoming law. This post describes what Bill 77 would do, explains the connection between oil and gas companies’ unpaid municipal taxes and Alberta’s orphan well problem, and describes some reasons why Bill 77 will be ineffective.

Preliminary Reflections on COP26 and the Glasgow Climate Pact, Part 2

By: David V. Wright

PDF Version: Preliminary Reflections on COP26 and the Glasgow Climate Pact, Part 2

Matter Commented On: COP26 (Twenty-sixth Conference of the Parties to the United Nations Framework Convention on Climate Change) and the Glasgow Climate Pact (Decision -/CMA.3)

Developments in UNFCCC & Paris Agreement Implementation

This post is Part 2 of two posts presenting preliminary reflections soon after the conclusion of COP26 in Glasgow. In this part, I present and briefly discuss notable developments (or lack of) within the formal negotiations process with respect to the implementation of the Paris Agreement and United Nations Framework Convention on Climate Change (UNFCC).

A key objective for this particular conference was to finalize the rulebook for implementation of the Paris Agreement (see this helpful background document on the Paris Agreement and rulebook). This did indeed happen, and most would agree that this constitutes a success even if there is discontent with some of the final features. It is a particularly significant step forward as there was a risk that Parties would not reach an agreement on the rulebook entirely, resulting in further delay in implementation (on top of losing a year due to a pandemic-induced postponement last year) and loss of confidence in the basic structure and approach of the Paris Agreement. The following discusses several of the notable developments on the rulebook front, as well as several other (but not all) matters.

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