By: Shaun Fluker Matter commented on: Bill 18, Provincial Priorities Act, 1st Sess, 31st Leg, Alberta, 2024 (first reading 10 April 2024) PDF Version: Bill 18 Provincial Priorities Act: Alberta Strikes Again On April 10, Alberta Premier Danielle Smith introduced Bill 18 for first reading in the current session of the Legislature, and second reading began on April 17. If Bill 18 passes through the legislative process in its current form, it will be enacted as the Provincial Priorities Act and require designated entities to obtain prior approval before entering into, amending, extending, or rene ..read more

By: Drew Yewchuk Case Commented on: Alberta Energy v Alberta (IPC), 2024 ABKB 198 (CanLII)  PDF Version: Albertan Waits: One Thousand and Three Hundred Delays Alberta Energy v Alberta (IPC), 2024 ABKB 198 (CanLII) is another decision relating to attempts to use the Freedom of Information and Protection of Privacy Act, RSA 2000, c F-25 (FOIP) to obtain records from Alberta Energy about their May 2020 decision to rescind the Coal Development Policy for Alberta (1976). Nigel Bankes described the initial rescission of the policy here and the reinstatement in February 2021 here. The ..read more

By: Charlotte Dalwood Matters Commented On: Government of New Brunswick, Policy 713 Sexual Orientation and Gender Identity, (Fredricton: Government of New Brunswick, 2023); Government of Saskatchewan, Use of Preferred First Name and Pronouns by Students, (Regina: Government of Saskatchewan, 2023); Government of Alberta, News Release, “Preserving choice for children and youth” (1 February 2024). PDF Version: Original Powers: Reviving the Federal Disallowance Power to Combat Anti-Trans Legislation A specter haunts Canada: the specter of legislated transphobia. It began in New Brunswick. In Summe ..read more

By: Deanne Sowter and Jennifer Koshan Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII) PDF Version: BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth a ..read more

By: Nigel Bankes and Jennifer Koshan Decision Commented On: Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 (CanLII) PDF Version: The Dickson Decision, UNDRIP, and the Federal UNDRIP Act This post is part of continuing ABlawg commentary on the approach of the courts to legislation implementing the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). That commentary includes the decision of the Supreme Court of British Columbia in Gitxaala v British Columbia (Chief Gold Commissioner), 2023 BCSC 1680 (CanLII) (ABlawg post here) and, most importantly, the Supreme Court of Canada ..read more

By: Shaun Fluker, Drew Yewchuk, and Nigel Bankes Case Commented On: Yatar v TD Insurance Meloche Monnex, 2024 SCC 8 (CanLII)  PDF Version: Yatar v TD Insurance Meloche Monnex: Limited Statutory Rights of Appeal and The Availability of Judicial Review This post discusses the recent Supreme Court decision in Yatar v TD Insurance Meloche Monnex, 2024 SCC 8 (CanLII) (Yatar). The decision addresses the availability of judicial review of administrative decisions when the legislature has established a restricted statutory right of appeal for those same decisions. This unanimous decision is ..read more

By: Shaun Fluker and JD students with the Public Interest Law Clinic Legislation Commented On: Residential Tenancies Act, SA 2004, c R-17.1 PDF Version: Need for Law Reform: Residential Tenancies and Electronic Communication The Public Interest Law Clinic has an ongoing law reform project file on residential tenancies. During the Winter 2024 semester, the Clinic conducted legal research on electronic communication between landlords and tenants in residential tenancies. The Alberta Law Reform Institute  is in the preliminary stages of exploring a law reform project on the Residential Tenan ..read more

By: Nigel Bankes Matters commented on: Market Surveillance Administrator, “Advice to support more effective competition in the electricity market: Interim action and an Enhanced Energy Market for Alberta”, (21 December 2023, released 11 March 2024) (MSA Advice); Supply Cushion Regulation, Alta Reg 42/2024, and Market Power Mitigation Regulation, Alta Reg 43/2024. PDF Version: Some Quick Fixes for a Broken Market, And then the Possibility of an Enhanced Electricity Market for Alberta On March 11, 2024 Nathan Neudorf, Alberta’s Minister of Affordability and Utilities, issued a press release anno ..read more

By: Jennifer Koshan Matter Commented On: Standing Committee on Justice and Human Rights, Study of Bill C-332, An Act to amend the Criminal Code (controlling or coercive conduct), 44th Parliament, 1st session PDF Version: Bill C-332 and the Criminalization of Coercive Control On February 26, 2024, I appeared before the federal Standing Committee on Justice and Human Rights (JUST), which is currently studying Bill C-332, An Act to amend the Criminal Code (controlling or coercive conduct). After hearing from a number of witnesses speaking in favour of, and cautioning against, the criminalization ..read more

By: Shaun Fluker Report Commented On: First Report on the implementation of the Section 11 agreement for the conservation and recovery of the woodland caribou in Alberta (January 19, 2024) PDF Version: ‘Negative Population Growth’ for Boreal Caribou in Alberta In late January, Alberta issued the first Report on implementation of the Agreement for the conservation and recovery of the Woodland Caribou in Alberta, signed by Alberta and Canada under section 11 of the Species at Risk Act, SC 2002, c 29 [SARA] in October 2020. Commentators have noted that the Report reveals little progress by A ..read more