Areas of Law
Areas of Law
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  • 62071.07
    This paper provides an introduction to the rules of natural justice and the duty of fairness, which are essential to administrative law. Topics discussed include apprehension of bias in tribunal decisions, the impact of a breach of the duty of fairness, components of the right to a fair hearing, and more. This paper is part of a collection presented at LESA’s Administrative Law Fundamentals program in Edmonton on February 1, 2018 and in Calgary on February 8, 2018.  
  • 62071.04
    This paper reviews key considerations when preparing for and appearing before a judicial review. It highlights technical matters to consider before filing a judicial review. It also discusses the process for commencing a judicial review, including evidentiary considerations. Finally, it provides suggestions for effective advocacy in a judicial review and other practical considerations to keep in mind. The paper includes sample applications for judicial review and a sample amended notice of constitutional challenge as appendices. This paper is part of a collection presented at LESA’s Administrative Law Fundamentals program in Edmonton on February 1, 2018 and in Calgary on February 8, 2018.  
  • 62071.03
    This paper provides a brief history of standard of review and the relationship between courts and administrative agencies. It then discusses the analytical framework for standard of review, and suggests how to best frame a standard of review analysis. This paper is part of a collection presented at LESA’s Administrative Law Fundamentals program in Edmonton on February 1, 2018 and in Calgary on February 8, 2018.  
  • 62071.02
    This paper provides an overview of the fundamentals in statutory interpretation. It is aimed at junior and general practitioners, though more senior practitioners may find it to be a helpful refresher on statutory interpretation. The paper provides background information on enactments, generally and in Alberta, then delves into principles of statutory interpretation, including the interpretation of words, phrases, and acts as a whole. This paper is part of a collection presented at LESA’s Administrative Law Fundamentals program in Edmonton on February 1, 2018 and in Calgary on February 8, 2018.  
  • 62061.10
    This paper considers the Alberta Government’s response to R v Jordan, 2016 SCC 27, which imposed time limits for bringing criminal charges to trial. It discusses the Alberta Crown Prosecution Service’s Injecting a Sense of Urgency report from April 2013, released prior to the Jordan decision. It also highlights some of the practical realities facing the criminal justice system and discusses the Crown’s response to Jordan, including the triage protocol and the Alberta Criminal Justice Summit. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.  
  • 62061.08
    This paper explores the law in respect of s 91(24) of the Constitution Act, 1867, and the impacts of the Supreme Court of Canada’s current approach to the division of powers on the relationship between Indigenous Peoples and the Crown. It highlights the historical relationship between the federal Crown and Indigenous Peoples, and discusses the doctrine of interjurisdictional immunity within the context of s 91(24). The paper also reviews three recent landmark decisions from the Supreme Court of Canada: Tsilhqot’in Nation v British Columbia, 2014 SCC 44, Grassy Narrows First Nation v Ontario (Natural Resources), 2014 SCC 48, and Daniels v Canada (Indian Affairs and Northern Development), 2016 SCC 12. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.  
  • 62061.07
    This paper focuses on the interplay of constitutional law and the environment. It discusses recognizing a constitutionalized right to a healthy environment, and provides an introduction to what such a right might entail and the impact it could have if it were to be adopted. It also includes a discussion of why constitutional protection of the environment matters, with references to foreign examples. In addition, the paper proposes potential avenues for the right to a healthy environment to become a recognized protection in the Constitution. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.  
  • 62061.04
    This paper examines the interplay of constitutional law and education, focusing on the recent decision in Good Spirit School Division No 204 v Christ the Teacher Roman Catholic Separate School Division No 212, 2017 SKQB 109 [Theodore]. The fundamental issue in Theodore was whether the Saskatchewan government could constitutionally fund non-Catholic students attending Catholic separate schools. The first part of the paper reviews the Theodore decision in detail, considering the legal issues and the reasons for the court’s decision. In the second part of the paper, the legal and practical ramifications of the Theodore decision in Alberta are discussed. This paper is part of a collection presented at LESA’s Canada 150 — Constitutional Law Symposium in Edmonton on October 27, 2017.
  • 62054.02
    This paper discusses strategies and techniques for negotiations. It begins with an overview of negotiation theory, and then discusses obstacles that are commonly encountered during negotiations, such as communication barriers. It also identifies tips for responding to a break down in trust, and provides a discussion of calculus based trust, interest based trust, and attribution theory. As well, the paper considers competitive versus cooperative techniques in negotiations, and discusses strategies for understanding and controlling emotions during tense negotiations. This paper is part of a collection presented at LESA’s 2017 Negotiations Fundamentals program.