Alberta Law Review

07/07/2022

Issue 59:4 of the Alberta Law Review has been published!

Read it here: https://albertalawreview.com/index.php/ALR

Alberta Law Review

05/30/2022

In their latest article, "Seven Years of Accessible Justice: A Critical Assessment Of Hryniak V. Mauldin’s Culture Shift," R. McKay White assesses the impact of the 2014 SCC decision, Hryniak v Mauldin, which introduced a culture shift to civil litigation. The shift required participants in the civil justice system to stop viewing trials as the default adjudication system and expand the use of summary judgments. The author concludes that Alberta courts have misapplied the culture shift contrary to the SCC's intentions, and provides recommendations to address the issue of accessibility.

Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2688

05/30/2022

In her latest article, "Reflections on COVID-19 And Criminal Law: How Does Judicial Doctrine Function in A Crisis?," Sarah Burningham reviews the impact of COVID-19 on judicial decision-making in criminal law and analyzes how the pandemic has been integrated into legal doctrine. The author concludes that doctrines are flexible enough to accommodate COVID-19 concerns.

Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2687

05/30/2022

In her latest article, Erin Nelson examines Alberta’s Mental Health Review Panels, with a focus on concerns about accountability and transparency in review decisions. The article discusses reforms that can enhance the accountability of the process. Check it out here: https://albertalawreview.com/index.php/ALR/article/view/2686

04/01/2022

In their article, "Recent Legislative and Regulatory Developments of Interest to Energy Lawyers," Rosa Twyman, Laura-Marie Berg, and Marle Riley provide an overview of regulatory and legislative developments in Canada from mid-April 2020 to the end of March 2021. In particular, the authors note the challenges related to climate change and decarbonization, the opportunities that decarbonization provides for evolving technology, and regulatory gaps. They also discuss developments in regulatory efficiency, the application of the Vavilov decision to energy regulatory decisions, and the obligations of energy regulators towards Indigenous peoples.

Check out the article here: https://albertalawreview.com/index.php/ALR/article/view/2680

Recent Legislative and Regulatory Developments of Interest to Energy Lawyers Authors Rosa Twyman Laura-Marie Berg Marle Riley Abstract This article provides a high-level overview of regulatory and legislative developments in Canada from mid-April 2020 to the end of March 2021. We reviewed statutes,....

04/01/2022

In their article, "Recent Judicial Decisions of Interest to Energy Lawyers," Sophie Lorefice, Changhai Zhu, Sean Fairhurst, and Matthew Potts summarize recent key decisions covering developments in the Canadian law of contract, energy, environment, insolvency, Aboriginal, employment and labour, minority shareholder’s rights, as well as developments in civil litigation procedure.

Check it out here: https://albertalawreview.com/index.php/ALR/article/view/2679

Recent Judicial Decisions of Interest to Energy Lawyers Authors Sophie Lorefice Changhai Zhu Sean Fairhurst Matthew Potts Abstract Last year’s submission canvassed judicial decisions that were released prior to, and post-implementation of, COVID-19 restrictions. The advent of COVID-19 caused unpre...

04/01/2022

In their article "Indigenous Ownership of Natural Resource Projects: A Framework for Partnership and Economic Development," Vivek Warrier, Luke Morrison, Ashley White, and Stephen Buffalo discuss the equity participation of Indigenous communities in energy projects and provide insight into common priorities that such projects should consider. Additionally, the authors analyze some unique challenges present in co-ownership agreements.

Check it out here: https://albertalawreview.com/index.php/ALR/article/view/2678

Indigenous Ownership of Natural Resource Projects: A Framework for Partnership and Economic Development Authors Vivek Warrier Luke Morrison Ashley White Stephen Buffalo Abstract Common ownership with Indigenous communities provides a way for energy industry project proponents to align their interest...

03/29/2022

In their recent article, "Energy Storage: The Regulatory Landscape in Alberta," David Eeles, Matthew Keen, Alexander Baer and Ryan Taylor discuss the current state of the regulatory landscape applicable to energy storage in Alberta. The authors provide insight into related policy issues such as tariffs, competitive market issues, hybrid sites, and self-supply and export issues. Furthermore, the authors analyze decisions of the Alberta Utilities Commission and comment on anticipated changes to the existing regulatory landscape.

Read the article here: https://lnkd.in/eVgsG2VQ

Energy Storage: The Regulatory Landscape in Alberta Authors David Eeles Matthew Keen Alexander Baer Ryan Taylor Abstract Energy storage technologies are increasingly being deployed in Alberta. In the recent past, costs were the largest hurdle to widespread energy storage deployment. But this is chan...

03/29/2022

In their recent article, "Prompt Payment Movement Sweeps Across Canada: Is the Energy Industry Ready to Comply?" Paula Olexiuk, Melanie Gaston, Jagriti Singh and Lesley Lee survey the legislative changes in Canada pertaining to prompt payment and mandatory adjudication in the construction industry (with a special focus on implications for the energy sector). The authors conclude by providing risk allocation strategies for drafting contracts under the new legislation.

Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2676

Prompt Payment Movement Sweeps Across Canada: Is the Energy Industry Ready to Comply? Authors Paula Olexiuk Melanie Gaston Jagriti Singh Lesley Lee Abstract Jurisdictions throughout Canada are debating, drafting, and enacting legislation for prompt payment and mandatory adjudication in the construct...

03/23/2022

The results of the William Morrow Essay Contest are in! We received a number of excellent submissions and would like to acknowledge the hard work of all of the students who entered the contest. A big congratulations to the winners!

General Essay Category:
1st place: Victoria Chiu
2nd place: Shelby Johnson

Notes & Case Comments Category:
Lee Klippenstein

02/09/2022

In their recent article, "The ABCs of EFCs: Eligible Financial Contracts and Energy Company Insolvency Proceedings," Ky Kvisle & James Reid assess the treatment of energy trading contracts under Canadian insolvency laws. In particular, they analyze disputes surrounding whether certain types of energy trading contracts are properly characterized as eligible financial contracts ("EFCs") under Canadian insolvency laws. The authors suggest that courts look at the essence of any particular contract and whether it serves an underlying financial purpose to determine if it can be characterized as an EFC. They also aim to clarify the scope and limitations of the protections and legal remedies that may be available or unavailable to solvent counterparties to an EFC.

Check out the article here:
https://lnkd.in/gf76kBej

The ABCs of EFCs: Eligible Financial Contracts and Energy Company Insolvency Proceedings Authors Ky Kvisle James Reid Abstract Canadian insolvency laws provide special treatment for complex financial instruments such as swaps, forwards, and other derivatives referred to as “eligible financial cont...

01/18/2022

In their recent article, "Pathways to Net-Zero: Opportunities for Canada in a Changing Energy Sector," authors Brendan Downey, Mike Henry, Robyn Finley, Sean Korney, and John Zhou argue that decarbonization of the Canadian economy is dependent in part on the effectiveness of regulatory schemes in facilitating and incentivizing commercial endeavours to exploit low-carbon energy sources. The article evaluates potential regulatory frameworks for lower-carbon energy sources such as hydrogen, geothermal energy, and biofuels.

Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2683

Pathways to Net-Zero: Opportunities for Canada in a Changing Energy Sector Authors Brendan Downey Mike Henry Robyn Finley Sean Korney John Zhou Abstract The climate is changing, and Canada is changing with it. Canada has committed to reducing its greenhouse gas emissions. Initiatives have been taken...

01/07/2022

A reminder that today is the deadline to submit entries for the Morrow Essay Contest!

Attention Alberta law and articling students: Are you passionate about a topic of current legal interest? Have you written a great paper on said topic for one of your law school classes?

If yes, consider applying to the Alberta Law Review's William Morrow Essay Contest! The deadline for entry is January 7, 2022 and prize money is up for grabs! We look forward to reading your submissions!

For questions, please reach out to us at [email protected].

01/07/2022

Issue 59:2 of the Alberta Law Review is now live! This issue is the publication's special Energy Law Edition and features eight articles on current topics of interest.

Check it out here: https://www.facebook.com/AlbertaLawReview

The Alberta Law Review is a quarterly law journal run by a non-profit group of law students from the University of Alberta and the University of Calgary.

11/24/2021

In her recent article, “Punishing White-Collar Crime in Canada: Issues With the Economic Model of Crime and Punishment,” Michelle De Haas analyzes the economic models used to formulate deterrents against white-collar crimes. De Haas notes that these models are inconsistent with judicial sentencing in Canada and do not reflect the criticisms surrounding social inequalities associated with fines and incarceration. De Haas argues that a more worthwhile approach is to prevent white-collar crimes through government regulation and corporate structures that eliminate opportunities for criminal conduct.

Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2669

Punishing White-Collar Crime in Canada: Issues With the Economic Model of Crime and Punishment Authors Michelle De Haas Abstract White-collar crime differs from other types of crime in both how the public perceives it and the socio-economic standing of the typical perpetrators. Nevertheless, white-c...

11/17/2021

In her recent article, Kristina Gerke analyzes the recent debate over the extent to which victims of cyber security intrusions should be allowed to conduct activities in response to such attacks. Gerke’s analysis includes a look at how active cyber defence (ACD)/hack-back is treated under Canadian legislation. Gerke argues that Canada could benefit from the legalization of limited forms of ACD, such as “intelligence gathering,” especially where these efforts are restricted by strict government oversight. Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2668

Canadian Hack-Back?: A Consideration of the Canadian Legal Framework for Private-Sector Active Cyber Defence Authors Kristina Gerke Abstract In recent years, a debate has emerged over the extent to which victims of cyber security intrusions should be permitted to conduct activities in response — i...

11/05/2021

In his latest study, Donald J. Netolitzky develops a profile of the 2017 Supreme Court of Canada leave to appeal self-represented litigants population and their litigation activity. Netolitzky also provides a model for future investigations of a parallel nature. Check it out here: https://albertalawreview.com/index.php/ALR/article/view/2667In

10/28/2021

In her latest article, "From Slow Food to Slow Meat: Slowing Line Speeds to Improve Worker Health and Animal Welfare in Canadian Abattoirs," Sarah Berger Richardson examines the regulation of production line speeds in Canadian meat & poultry processing facilities to assess their impact on worker and animal welfare. Richardson notes the tensions between the regulatory objectives in the Safe Food for Canadians Regulations which provide food safety targets and humane handling guidelines. Additionally, she assesses the occupational health and safety risks associated with working at meat and poultry processing facilities. Richardson concludes that the pandemic has created a unique policy window to slow down production speeds. Check out the article here: https://albertalawreview.com/index.php/ALR/article/view/2666

From Slow Food to Slow Meat: Slowing Line Speeds to Improve Worker Health and Animal Welfare in Canadian Abattoirs Authors Sarah Berger Richardson Abstract This article examines the regulation of production line speeds in Canadian meat and poultry processing facilities to better understand their imp...

10/21/2021

In his latest article, “The New Federal Impact Assessment Act: Implications for Canadian Energy Projects,” David V. Wright analyzes the reformed legislation in order to determine whether and how the changed federal process will affect energy project approvals. In particular, he compares the previous and current regimes with regards to the assessment and final decision-making phases. Wright concludes that the assessment process is likely to be more onerous for the small number of projects that trigger the application of the regime. However, the process still provides meaningful discretion and latitude which will allow for the approval of most proposed projects. Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2665

The New Federal Impact Assessment Act: Implications for Canadian Energy Projects Authors David V. Wright Abstract Implementation of the new Impact Assessment Act regime is now underway, changing the process for federal assessment of energy projects. While the reformed regime resembles its predecesso...

10/13/2021

Attention Alberta law and articling students: Are you passionate about a topic of current legal interest? Have you written a great paper on said topic for one of your law school classes?

If yes, consider applying to the Alberta Law Review's William Morrow Essay Contest! The deadline for entry is January 7, 2022 and prize money is up for grabs! We look forward to reading your submissions!

For questions, please reach out to us at [email protected].

10/13/2021

In their recent article, “The Standard of Review and The Duty to Consult and Accommodate Indigenous Peoples: What Is the Impact of Vavilov?,” Robert Hamilton and Howard Kislowicz consider how Canadian courts have applied the new standard of review framework stemming from the Vavilov decision. In particular, the article analyzes how the Vavilov decision applies in the context of section 35 Aboriginal and treaty rights. The authors note that while the majority of cases involving duty to consult and accommodate questions regarding “trigger” and “scope” have been reviewed on a correctness standard, all other issues have been reviewed on a reasonableness standard. Hamilton & Kislowicz conclude that Vavilov stands for the proposition that a broader rage of issues should be subject to the correctness standard than is currently the practice. Check out the article here: https://albertalawreview.com/index.php/ALR/article/view/2663.

The Standard of Review and The Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov? Authors Robert Hamilton Howard Kislowicz Abstract Following the Supreme Court of Canada’s landmark decision in Vavilov, an especially relevant issue in Canadian jurisprudence is how co...

10/06/2021

In his recent article, "The No More Pipelines Act?," Andrew Leach analyzes whether and how the enactment of the Impact Assessment Act and the Canadian Energy Regulator Act will influence the approval of new pipelines in Canada. Leach argues that, while it is likely that no new pipelines will be approved, this is a result of issues already prevalent in Canada’s pipeline debates as opposed to a consequence of the new legislation. He concludes that the combined consideration of cumulative environmental effects, greenhouse gas emissions, the link between pipelines and oil sands growth, and recent changes to judicial review doctrine in Canada, will make it difficult for regulators and political decision-makers to justify approvals of new pipelines. Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2662

The No More Pipelines Act? Authors Andrew Leach Abstract On 28 August 2019, both the Impact Assessment Act (IAA) and the Canadian Energy Regulator Act (CERA) came into force, and Canada’s environmental assessment process and its regulatory regime for major energy projects were fundamentally change...

10/06/2021

In the latest issue of the Alberta Law Review, the Honourable Jean Côté and University of Alberta Faculty of Law Dean, Barbara Billingsley, honour the memory of the late Justice Stevenson. Justice Stevenson's legacy and effect on the community will never be forgotten. The Alberta Law Review would like to thank Justice Stevenson's family and Ottawa Wedding Photographer Paul Couvrette for granting us with permission to publish the photos in this article. Read it here: https://albertalawreview.com/index.php/ALR/article/view/2661.

In Memoriam: The Honourable W.A. Stevenson Authors The Hon. Jean Côté Barbara Billingsley Abstract Downloads PDF Published 2021-10-02 Issue Vol 59, No 1 Section In Memoriam License Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights th...

10/06/2021

Issue 59:1 of the Alberta Law Review has been published, featuring articles by Andrew Leach, Robert Hamilton, Howard Kislowicz, David V. Wright, Sarah Berger Richardson, Donald J. Netolitzky, Kristina Gerke, and Michelle De Haas. This issue includes articles on the impact of recently enacted legislation on future pipeline approvals in Canada (see: Leach), the impact of the Vavilov decision on the standard of review and duty to consult and accommodate Indigenous peoples (see: Hamilton & Kislowicz), the implications of the new federal Impact Assessment Act for Canadian energy projects (see: Wright), the regulation of production line speeds in Canadian meat and poultry processing facilities and their impact on worker safety and animal welfare (see: Richardson), the Canadian legal framework for addressing active cyber defence (see: Gerke), the issues with using economic models to deter white-collar crime in Canada (see: De Haas), and a study of self-represented litigants who filed leave to appeal applications to the Supreme Court of Canada in 2017 (see: Netolitzky). Additionally, this issue features an In Memoriam article dedicated to The Honourable W.A. Stevenson, authored by The Honourable Jean Côté and the Dean of the University of Alberta Faculty of Law, Barbara Billingsley. Read the full issue here: https://albertalawreview.com/index.php/ALRhttps://albertalawreview.com/index.php/ALR.

09/01/2021

In his most recently published case comment, Hayden Cook explores the Charter's applicability on university campuses and the regulation of on-campus expression. Check it out at: https://albertalawreview.com/index.php/ALR/article/view/2658

Charter Applicability to Universities and the Regulation of On-Campus Expression Authors Hayden Cook Abstract Downloads PDF Published 2021-07-07 Issue Vol 58, No 4 Section Case Comments and Notes License Author(s) retain original copyright in the substantive content of the titled work, subject to th...

08/18/2021

In his most recently published case comment, Matt Malone discusses how data breaches can be conceptualized as breaches of confidence for wrongs in online relationships, focusing on Tucci v Peoples Trust Company.

On the (Data) Breach of Confidence Authors Matt Malone Abstract Downloads PDF Published 2021-07-07 Issue Vol 58, No 4 Section Case Comments and Notes License Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinite...

08/11/2021

In her most recent article, Elisa M Genuis recognizes the need for water conservation and, at the same time, proposes a regulatory framework that promotes innovation while still facilitating energy development. According to Genuis, the current legislative and regulatory frameworks were not designed to address or manage the risks that fracking poses to Alberta’s water scarcity, such as the removal of vast quantities of water from the hydrological cycle. Genuis argues that fracking and its water use in Alberta should be regulated differently so that Alberta can more effectively steward its freshwater resources while simultaneously strengthening Alberta’s energy industry. Read here at: https://www.albertalawreview.com/index.php/ALR/article/view/2656

Fracking and Water Use in Alberta: A Critical Review Authors Elisa M. Genuis Abstract In Alberta, there is an endless debate over environmental conservation and economic development. This article bridges this gap by recognizing the need for water conservation and, at the same time, proposing a regul...

08/04/2021

In his most recent article, Scott A. Carrière reviews co-operative federalism within Canadian legal history and jurisprudence. He argues that co-operative federalism has expanded to now comprise two distinct branches: "coordinative co-operation" and "conjunctive co-operation." Carrière distinguishes the branches, outlines the application of both branches, and attempts to place co-operative federalism within Canada’s constitutional doctrine. Read now at https://www.albertalawreview.com/index.php/ALR/article/view/2655.

The Emergence of a Normative Principle of Co-operative Federalism and its Application Authors Scott A. Carrière Abstract This article provides an overview of co-operative federalism within Canadian legal history and jurisprudence. The author contends that co-operative federalism has expanded to now...

07/28/2021

In his newest article, Donald J. Netolitzky analyses the self-represented litigants' success (or lack thereof) at the Supreme Court of Canada. This article reports the first statistical quantitative investigation of a Canadian SRL population. This article examines all of the SRL leave to appeal applications at the Supreme Court of Canada in 2017, categorizing them by party type, legal issue, and level of sophistication. No procedural obstacles were identified to SRL participation at the Supreme Court. Instead, the failure of SRLs in Supreme Court proceedings results from the substance of their filings.

The Walking Wounded: Failure of Self-Represented Litigants in 2017 Supreme Court of Canada Leave to Appeal Applications Authors Donald J. Netolitzky Abstract Self-Represented Litigants (SRLs) are persons who appear in court and tribunal proceedings without a lawyer. They are rarely successful at the...

07/21/2021

In her newest article, Professor Stefanie Carsley explores the development of the Assisted Human Reproduction Act (AHRA). Through interviews with Canadian fertility lawyers, she argues that the AHRA may still leave some surrogates in a precarious financial position. While the associated regulations do help clarify legal reimbursements, they are unlikely to deter paid surrogacy and may lead to new confusion about what is permitted under the AHRA. https://www.albertalawreview.com/index.php/ALR/article/view/2653

Regulating Reimbursements for Surrogate Mothers Authors Stefanie Carsley Abstract In Canada, the Assisted Human Reproduction Act (AHRA) criminalizes commercial surrogacy while allowing surrogates to be reimbursed for their out-of-pocket expenses and lost work-related income during pregnancy. These r...

07/14/2021

In her latest article published in Alberta Law Review, Dr. Elaine Craig confronts two problematic aspects of the assessment of the impact of the Ghomeshi Rules on the accused’s rights in sexual assault proceedings: hyperbolic assertions about the impact of notice to the complainant on the right to cross-examination and assumptions about the impact of disclosure to the complainant on the truth-seeking function of the trial. This analysis is done, in part, through a case study of the trail transcripts of R. v. Ghomeshi.

Private Records, Sexual Activity Evidence, and the Charter of Rights and Freedoms Authors Elaine Craig Abstract In December 2018, Parliament amended the Criminal Code to add a new regime dictating the process and admissibility criteria for private records in the possession of an accused in a sexual....

07/09/2021

The Alberta Law Review is saddened by the passing of Justice William Stevenson. Justice Stevenson was a strong supporter and source of direction for all of us. We are honoured to be part of his legacy, and he will be missed.

Stevenson had numerous long-standing ties to the University of Alberta Faculty of Law where he was a recipient of the Horace Harvey Medal (known as the gold medal as it is awarded to the top graduating student each year).

07/07/2021

Issue 58:4 of the Alberta Law Review has been published, including articles from Elaine Craig, Stefanie Carsley, Donald J. Netolitzky, Scott A. Carrière, and Elisa M. Genuis and case comments from Matt Malone and Hayden Cook. This issue includes articles on the admissibility criteria for private records in sexual assault proceedings (see: Craig), the regulation of reimbursements for surrogate mothers (see: Carsley), the outcomes of self-represented litigants at the Supreme Court of Canada (see: Netolitzky), the normalization and application of co-operative federalism (see: Carrière), and the regulation of use of water in fracking processes in Alberta (see: Genuis). This issue also includes two case comments on data breaches as breaches of confidence for wrongs in online relationships (see: Malone) and on the applicability of the Charter to on-campus expression at universities (see: Cook). Find them all at https://www.albertalawreview.com/index.php/ALR.

Alberta Law Review

05/12/2021

Check out "Case Comment on Canada (Minister of Citizenship and Immigration) v. Vavilov" by
Nate Gartke only at https://albertalawreview.com

Alberta Law Review

05/10/2021

Check out "The Alberta Court of Appeal's Vexatious Litigant Order Trilogy: Respecting Legislative Supremacy, Preserving Access to the Courts, and Hopefully Not to a Fault" by Gerald J. Kennedy only at https://albertalawreview.com

Alberta Law Review

05/07/2021

Check out "Debating the Rule of Law: The Curious Re-enactment of the Solicitation Offence" by
Cara Locke only at https://albertalawreview.com

Alberta Law Review

05/05/2021

Check out "Mental Illness and Professional Regulation: The Duty to Report a Fellow Lawyer to the Law Society" by Andrew Flavelle Martin only at https://albertalawreview.com

Alberta Law Review

05/03/2021

Check out "Mandatory Childhood Immunization Programs: Is There Still a Role for Religious and Conscience Belief Exemptions?" by Mariette Brennan, Kumanan Wilson, Vanessa Gruben only at https://albertalawreview.com

Alberta Law Review

04/02/2021

Check out "Toward a Framework to Define the Outer Boundaries of Good Faith in Contractual Performance" by Daniele Bertolini, only at https://albertalawreview.com

Alberta Law Review