Family Violence Deaths in Alberta – An Analysis of the 2019 Reports

By: Jennifer Koshan

PDF Version: Family Violence Deaths in Alberta – An Analysis of the 2019 Reports

Reports Commented On: Family Violence Death Review Committee, Annual Report 2018-2019 and Case Review Reports 7 and 8, available here

At the mid-point of 2019, police reported that over half of all homicides in Calgary in the year to date – 54% – had occurred in the context of domestic violence. The Family Violence Death Review Committee (FVDRC) issued its annual report for 2018-19 in December 2019, which reports that between 2008 and 2018 there were 189 family violence deaths in Alberta (at 11). Of the 23 Albertans who died in family violence related incidents in 2018, 20 were victims and three were perpetrators who died in murder-suicides (at 13). The report clearly shows that family violence deaths in Alberta are gendered. Ninety per cent of perpetrators in 2018 were male, and 16 of the 20 victims were female, with the majority being women aged 20-29 who were killed with a weapon (at 14). Two of the victims were children. Previous FVDRC reports confirm that family violence related deaths in Alberta are gendered (see 2017-18 Annual Report at 5, 2016 Annual Report at 5, 2015-16 Annual Report at 14, and 2014-15 Annual Report at 28). Continue reading →

Statutory Appeal Rights in Relation to Administrative Decision-Maker Now Attract an Appellate Standard of Review: A Possible Legislative Response

By: Nigel Bankes

PDF Version: Statutory Appeal Rights in Relation to Administrative Decision-Maker Now Attract an Appellate Standard of Review: A Possible Legislative Response

Decision Commented On: Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (CanLII)

The Supreme Court of Canada used Vavilov and its companion cases Bell Canada v Canada (Attorney General), 2019 SCC 66 (CanLII)) (the Super Bowl Case) and Canada Post Corp. v Canadian Union of Postal Workers, 2019 SCC 67 (CanLII) as an opportunity to re-examine its approach to judicial review of administrative decisions. The Court reaffirmed much of the Dunsmuir approach (Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), [2008] 1 SCR 190) as refined in the subsequent case law. In particular, it has reaffirmed that in most cases the standard of review is reasonableness. The Court also reaffirmed a series of exceptions to that presumption namely where the legislature has indicated that a different standard should apply, and where the rule of law requires that a correctness standard should apply (i.e. constitutional questions, general questions of law of central importance to the legal system as a whole, and jurisdictional boundaries between two or more administrative bodies).

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Clawbies 2019

ABlawg is delighted to announce that Nigel Bankes was awarded a 2019 Canadian Law Blog Award (Clawbie) in the category of Best Bloggers on a Platform or Shared Blog. The awards committee noted his “great analysis of everything going on in energy law, particularly in Alberta” and that “readers call him “the blogger’s blogger” who sets the standard for his fellow authors at ABlawg.” We could not agree more – congratulations Nigel!

We also congratulate U Calgary Law’s Pro Bono Students Canada team, whose podcast Hearsay won a Clawbie in the Best Student Projects category, and our alumnus and ABlawgger Joshua Sealy-Harrington for his success in the Best Twitter Accounts category.

Congratulations to all the Clawbie winners and thanks to our readers for your nominations and continued support.

Coercive Control: What Should a Good Lawyer Do?

By: Deanne Sowter

PDF Version: Coercive Control: What Should a Good Lawyer Do?

Matter Commented On: Federation of Law Societies Model Code of Professional Conduct, Rule 3.3-3

I am currently conducting research to determine whether coercive control can be considered psychological harm for the purpose of the future harm exception to confidentiality and solicitor-client privilege. (FLSC Model Code R 3.3-3; Smith v Jones, [1999] 1 SCR 455 (SCC)) My research is supported by the OBA Fellowship in Legal Ethics and Professionalism Studies. In that research I’m determining whether a lawyer can disclose, but doing that research has provoked me to wonder whether a lawyer should disclose.

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ABlawg: Year in Review 2019

By: Admin

PDF Version: ABlawg: Year in Review 2019

Introduction

This was another busy year for ABlawg, with a total of 113 posts in 2019 to date. Nigel Bankes surpassed the 300 mark for lifetime posts in 2019 and one of his posts from 2017 was cited by the Supreme Court of Canada in Redwater (aka Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (CanLII)), the second time the SCC has cited ABlawg (see also Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 (CanLII), citing another of Professor Bankes’ posts).

Here are some other highlights of the year on ABlawg. Continue reading →