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Alberta Court of Appeal Opines That Federal Carbon Pricing Legislation Unconstitutional

By: Martin Olszynski, Nigel Bankes and Andrew Leach

PDF Version: Alberta Court of Appeal Opines That Federal Carbon Pricing Legislation Unconstitutional

Decision Commented On: Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74

Last month, the Alberta Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74, Alberta’s challenge to the constitutionality of the federal government’s Greenhouse Gas Pollution Pricing Act, SC 2018, c 12 (GGPPA). Writing for a majority of three judges, Chief Justice Catherine Fraser concluded that the GGPPAcould not be upheld on the basis of Parliament’s residual power over matters of “peace, order, and good government” (POGG), nor any other potentially relevant federal head of power. Concurring in the result but not the analysis, Justice Wakeling also held that the GGPPA was unconstitutional. Justice Feehan, dissenting, would have upheld the law on the basis of POGG, and the “national concern” branch of that power in particular. The Alberta Court of Appeal’s decision thus stands in contrast to the earlier decisions of the Courts of Appeal of both Saskatchewan (Reference re Greenhouse Gas Pollution Pricing Act 2019 SKCA 40) (Saskatchewan Reference) and Ontario (Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544) (Ontario Reference), where a majority of judges in each court upheld the law as a valid exercise of the national concern branch of the POGG power.

Does the Criminal Law Have the Capacity to Respond to the Intoxicated Automaton?

By: Lisa Silver

PDF Version: Does the Criminal Law Have the Capacity to Respond to the Intoxicated Automaton?

Case Commented On: R v Brown, 220 ABQB 166

I am at the point in my 1L criminal law class where we start talking about capacity issues, namely whether a person by virtue of mental disorder, automatism and/or intoxication has the capacity to commit a criminal offence. This is a complex and controversial area of the law. In discussing these issues, we criss-cross across the lines between legal, medical and policy concerns. We wade through case law stretching back decades that sometimes fundamentally change the common law and at other times hold strictly to it. Although each capacity issue involves detailed legal tests, when these issues arise together, the legal directions become overly complex and downright confusing. This “perfect storm” of capacity issues arise in the recent decision of R v Brown, 220 ABQB 166, challenging our legal conception of capacity and leaving us wondering whether the criminal law has the capacity to adequately respond.

Net Profits Interest Decision

By: Nigel Bankes

PDF Version: Net Profits Interest Decision

Case Commented On: Hudson King v Lightstream Resources Ltd, 2020 ABQB 149 (CanLII)

William Hudson (WH) of Texas discovered hydrocarbons in a reservoir near Rocanville, Saskatchewan. Lacking the resources to develop the discovery WH assigned the Rocanville properties to Triton (a Texas based corporation) in 1977 in return for $900,000 and a net profits interest (NPI). The NPI Agreement was executed in favour of a trust that WH and his wife had established for the benefit of their three children EHK, AH and CH. The trust was collapsed in 1986 when the youngest child reached 21 and the three children became the counterparties to the NPI Agreement. AH assigned his interest to ACH Holdings in 2009. I refer to EHK, AH, CH and ACH Holdings as the Hudson parties or as the plaintiffs. On the Triton side of the NPI Agreement the interests in the Rocanville properties passed through several hands including TriStar which continued as Petrobakken Energy which changed its name to Lightstream Resources. In September 2014 Lightstream sold and assigned its entire interest to Crescent Point. Lightstream, Crescent Point and the Hudson parties entered into an assignment and novation agreement (reproduced and discussed further below). In what follows, I sometimes refer for the sake of simplicity to the party from time to time holding the Triton interest in the NPI Agreement as the operator.

Recent Health System Reforms: Sustainability Measures or a Push to Privatization?

By: Lorian Hardcastle

PDF Version: Recent Health System Reforms: Sustainability Measures or a Push to Privatization?

Matter Commented On: Recent health policy changes in Alberta

Health care costs are undoubtedly a pressing policy issue, with Alberta spending an estimated $7658 per person in 2019. Since the election, the UCP has taken various steps to aggressively contain health spending. While reducing the deficit is a laudable goal, recent changes may save little money and could worsen the health of Albertans and undermine the public health care system.

Law Needs Feminism Because…

By: Jennifer Koshan

PDF Version: Law Needs Feminism Because…

Event Commented On: Law Needs Feminism Because, 2020 National Forum x Calgary

Law Needs Feminism Because (LNFB) is a Canadian-based collective made up of law students and legal professionals that undertakes advocacy around issues of intersectional feminism. Intersectional feminism, a term first coined by Kimberlé Crenshaw, embraces the idea that women may be disadvantaged through intersecting axes of oppression such as gender and race. LNFB advocates on issues of intersectional feminism through an annual photo campaign at law schools across the country, allowing students, faculty and staff to share their perspectives and lived experiences of disadvantage based on gender and other grounds. The University of Calgary Faculty of Law has participated in this photo campaign three times now. LNFB also holds an annual National Forum at a Canadian law school, and its fourth annual Forum is taking place in Calgary March 6 and 7, 2020. Our Faculty’s intrepid student group, the Calgary Women Studying Law Association (CWSLA), is hosting the Forum with the theme of Innovative Intersectionality. The Forum will bring together law students (and those in related disciplines) from across Canada along with legal and other professionals and members of the public more broadly.

ABlawg readers who are interested in these issues are encouraged to attend the LNFB Forum. Registration for the Forum and its many interesting workshops is available here and the schedule is available here. For those who can’t attend, ABlawg will be featuring a series of blog posts on the Forum in the weeks to come.


This post may be cited as: Jennifer Koshan, “Law Needs Feminsm Because…” (March 6, 2020), online: ABlawg, http://ablawg.ca/wp-content/uploads/2018/07/Blog_JK_LNFB.pdf

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