eLitigation – Training Future Litigators for the Profession They Will Join

By: Gideon Christian

PDF Version: eLitigation – Training Future Litigators for the Profession They Will Join 

Matter Commented On: Law 693 – eLitigation at the University of Calgary Faculty of Law

In March 2020, the COVID-19 pandemic changed our legal world in a way no one could have imagined. Our courthouse went from a beehive of litigation activities to a silent graveyard. Practice directives containing emergency measures were issued and activated to deal with the change. Our civil litigation system that has historically relied on an in-person process to undertake almost every task – from the filing and service of litigation documents to routine chambers applications and trials – suddenly moved online.

The legal profession was forced to adopt technologies to address administration and litigation needs at an unprecedented pace. The COVID-19 pandemic radically changed the way we practice and conduct litigation, and it appears from every indication that the change is here to stay. For law schools entrusted with the “sacred” duty of educating and training future lawyers, the most noticeable response to this change was a quick transition from in-person to online (or hybrid) methods of instruction. However, it should go beyond that to include a reform of the existing curriculum to adequately prepare law students for the legal profession in a post-COVID-19 world. As a civil litigation professor with a background in legal technology, my response during this crisis was to develop a new course designed to train future litigators with skills and competence to commence and conduct litigation electronically, and with minimal in-person contact. Welcome to Law 693 – eLitigation at the University of Calgary Faculty of Law!

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Canada’s Proposed New Consumer Privacy Protection Act: The Good, the Bad, the Missed Opportunities

By: Emily Laidlaw

PDF Version: Canada’s Proposed New Consumer Privacy Protection Act: The Good, the Bad, the Missed Opportunities

Bill Commented On: Bill C-11, Digital Charter Implementation Act, 2020, 2nd Sess, 43rd Parl, 2020 (first reading 17 November 2020)

On November 17, 2020, the Federal Government unveiled the most sweeping consumer privacy law reform in the last twenty years with the proposed Digital Charter Implementation Act, 2020 (Bill C-11).  The Act would repeal and replace parts of the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA) with a new private sector privacy statute, the Consumer Privacy Protection Act (CPPA) (not to be confused with the well-known California Consumer Protection Act (CCPA)), and would enact the Personal Information and Data Protection Tribunal Act (Tribunal Act). The Bill makes good strides in modernizing Canada’s privacy legislation. It is also, in the end, a missed opportunity for more profound law reform.

If passed, it will necessitate modernization of Alberta’s Personal Information Protection Act, SA 2003, c P-6.5 (PIPA). PIPA is designated substantially similar legislation, meaning that PIPA rather than PIPEDA regulates personal information within our provincial borders (and through our ombudsman, the Office of the Information and Privacy Commissioner of Alberta). Without this designation, PIPEDA would apply to all consumer privacy transactions within Alberta. As will be detailed below, Bill C-11 fundamental revamps consumer privacy legislation and therefore unless Alberta follows suit, it is highly unlikely the substantially similar designation can be maintained.

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COVID-19 and Cabinet Secrets

By: Shaun Fluker

PDF Version: COVID-19 and Cabinet Secrets

Matter Commented On: CMOH Order 38-2020

The Opposition is calling for the release of public health recommendations made by the Chief Medical Officer of Health to cabinet which informed the decision announced on November 24 to declare a second public health emergency and to impose enhanced measures to contain the spread of COVID-19. These enhanced measures are described at COVID-19 info for Albertans: Mandatory public health measures and those which came into force on November 24 are set out in CMOH Order 38-2020. In response to questions from the media at the November 26 update, both the Minister of Health and the Chief Medical Officer of Health stated the recommendations cannot be disclosed because of cabinet confidence – a constitutional convention in a Westminster government which keeps cabinet deliberations in secret for purposes of governance (see here for a discussion of these important functions). This convention is also codified in section 22 of the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25. What does the common law say on this?

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COVID-19 and Rule by Fiat under Alberta’s Public Health Act

By: Shaun Fluker and Lorian Hardcastle

PDF Version: COVID-19 and Rule by Fiat under Alberta’s Public Health Act

Matters Commented On: Order in Council 354/2020, CMOH Order 38-2020, and COVID-19 info for Albertans: Mandatory public health measures

Alberta declared its second COVID-19 related public health emergency on November 24 with Order in Council 354/2020, which was issued under section 52.1 of the Public Health Act, RSA 2000, c P-37 (the Act). This declaration is in place for 90 days, unless extended by resolution of the legislature pursuant to section 52.8 of the Act. This declaration also reinstates the controversial power of ministers to unilaterally amend statutes (see here) over the holiday season. On the same day as this declaration, the Premier, the Minister of Health, and the Chief Medical Officer of Health announced new restrictions to “bend the curve” at a news conference. The Premier and the Minister of Health stated that many of the new restrictions would take effect immediately with the backstop of legal sanction (including $1000 tickets). These measures were considered and determined without any legislative debate, despite the fact that the Legislature is currently sitting. Public debate on these new legislative measures seems to have amounted to nothing more than questions from media at the news conference. COVID-19 has many victims; democracy should not be one of them.

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Western Canadian Lithium as a Critical and Strategic Mineral for Clean Tech Battery Storage Technologies

By: Rudiger Tscherning and Brady Chapman

PDF Version: Western Canadian Lithium as a Critical and Strategic Mineral for Clean Tech Battery Storage Technologies

Matters Commented On: The Canadian Minerals and Metals Plan 2019; Review of the Alberta Mineral Development Strategy 2002 by the Alberta Mineral Advisory Council; Québec Plan for the Development of Critical and Strategic Minerals (2020-2025)

Critical and strategic minerals (CSMs), including lithium, are essential for the transition of the global economy to “net-zero.” The COVID-19 pandemic will only serve to accelerate this transition. Calls for rebuilding economies on ambitious and sustainable climate principles have become louder since the pandemic began. At a multilateral level, the April 2020 Petersberg Climate Dialogue established clear directions towards a sustainable and climate-focused post-pandemic recovery. Such recovery plans are also echoed in the European Commission’s Next Generation EU recovery plan, and the September 2020 Government of Canada’s Speech from the Throne, both of which set out clear impulses towards developing clean tech industries as part of post-pandemic economic recovery.

However, CSMs, such as lithium, have been recognized for their importance well before the pandemic. In 2019, the International Renewable Energy Agency reported that global sales of electric vehicles, which rely heavily on lithium-ion batteries, increased significantly from 500,000 units in 2015 to over 2 million units in 2018. The Bank of Canada recently cited the International Energy Agency’s projection that there will be 120 million plug-in hybrid or battery electric vehicles on the world’s roads by 2030. In Canada, the share of all electric vehicles amounted to approximately 2.3%, or 90,100 vehicles, of the total vehicle market in 2018, with 51% consisting of battery electric vehicles. In addition, the rapid scaling-up of wind and solar renewable electricity generation is not only vital for decarbonizing global energy systems, but will crucially depend on electricity storage technologies. Lithium-ion batteries are efficient and have fast charging and discharging rates, making them ideal for the large-scale implementation of renewable energy sources to meet baseload power demands.

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