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Public Inquiry Into Anti-Alberta Energy Campaigns: Interim Report

By: Nigel Bankes

PDF Version: Public Inquiry Into Anti-Alberta Energy Campaigns: Interim Report

Matter Commented On: Allan Inquiry Interim Report, January 31, 2020

ABlawg has published a number of posts on the Allan Inquiry: The Alberta Inquiry and Freedom of Expression; Everything You Wish You Didn’t Need to Know About the Alberta Inquiry into Anti-Alberta Energy Campaigns; and Procedural Fairness and the Alberta Inquiry into Anti-Alberta Energy Campaigns.

Mr. Allan has now delivered his interim report to Minister Savage as required by his terms of reference (ToR). According to the ToR the interim report is to deal with “advice, proposals, recommendations, analyses or policy options related to the Inquiry …”.

When is Legal Aid Funding a Right in Criminal Cases?

By: Serena Eshaghurshan

PDF Version: When is Legal Aid Funding a Right in Criminal Cases?

Case Commented On: R v Acain, 2020 ABPC 6 (CanLII)

On December 10th, 2019, the Honourable Judge L.R. Grieve of the Provincial Court of Alberta (ABPC) heard and rendered a decision on a Rowbotham application, which is an application made for court-ordered counsel. The Applicant, Rowel Acain, was charged with impaired driving related offences pursuant to sections 320.14(1)(a) and 320.12(1)(b) of the Criminal Code, RSC 1985, c C-46. Mr. Acain’s application for state-funded counsel was denied.

An Emerging Corporate Risk – Climate Impacts to Critical Energy Infrastructure

By: Rudiger Tscherning

PDF Version: An Emerging Corporate Risk – Climate Impacts to Critical Energy Infrastructure

Research Commented On: “Corporate Risk and Climate Impacts to Critical Energy Infrastructure in Canada” (Dalhousie Law Journal)

Introduction

This post, based on my recent article, examines climate impacts to critical energy infrastructure assets from a corporate risk perspective. It focuses on the importance of undertaking climate adaptation to critical energy infrastructure as a corporate risk-mitigation strategy. Emerging climate risk was most recently identified as one of the top five challenges facing the global economy at the World Economic Forum 2020 in Davos, Switzerland (see World Economic Forum Global Risks Report 2020).

By way of background, Canada’s 2009 National Strategy for Critical Infrastructure considers infrastructure as critical where the asset is essential to the “health, safety, security or economic well-being of Canadians.” Examples in the energy sector include electricity generation and transmission infrastructure, oil and gas industry infrastructure, maritime ports, and rail infrastructure related to energy transportation. All of these classes of assets are vulnerable to the anticipated and unanticipated effects of climate change impacts from extreme weather and climate events, which are predicted to intensify. These impacts may affect both the physical infrastructure of the asset and their operations, as well as the business continuity of the owners and operators of the asset. Within this context, adaptation to the effects of climate change can be considered a process of adjustments in natural and human systems to actual or expected climate impacts and their effects (see, for example, Article 7 of the Paris Agreement, 12 December 2015, FCCC/CP/2015/L.9/Rev.1).

Legal Gaps Persist For Intimate Partner Sexual Violence After Key Ruling

By: Jennifer Koshan and Lise Gotell

PDF Version: Legal Gaps Persist For Intimate Partner Sexual Violence After Key Ruling

Case Commented On:  R. v. Goldfinch, 2019 SCC 38 (CanLII)

It has been over 25 years since Supreme Court of Canada Justice Claire L’Heureux Dubé discredited the myth that rape is most often perpetrated by strangers in R v Seaboyer; R v Gayme, 1991 CanLII 76 (SCC), [1991] 2 SCR 577. Sexual violence by men against their female intimate partners is, sadly, a common occurrence in Canada and worldwide. Yet myths about spousal sexual violence – marital rape myths – continue to infuse the approach to sexual assault by a wide range of legal actors, including police, prosecutors, defence lawyers and judges.

These myths include the beliefs that consent can be assumed or implied within intimate relationships, that women frequently make false accusations to gain an advantage in family law proceedings, and that marital rape is less serious than rape between strangers because the parties have had sex before. Social science evidence has established that marital rape is often more violent, not less, that injuries are more commonly experienced, and that survivors experience higher rates of trauma.

Charter of Rights and Freedoms — Cruel and unusual punishment

By: Myrna El Fakhry Tuttle

PDF Version: Charter of Rights and Freedoms — Cruel and unusual punishment

Case Commented On: R v Charboneau, 2019 ABQB 882 (CanLII)

In this case, Court of Queen’s Bench Justice L.R.A. Ackerl struck down the mandatory minimum six month sentence in s 286.1(2)(a) of the Criminal Code, RSC 1985 c C-46, as provided for the offence of obtaining sexual services from a minor. In this ruling, Justice Ackerl declared that the mandatory minimum sentence was not grossly disproportionate for the accused (Mr. Charboneau), but it would be unconstitutional for an individual in reasonably foreseeable cases.

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