Areas of Law
Areas of Law
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  • 61892.05c
    This paper considers the courts’ application of R. v. Butler in the twenty years since the Supreme Court handed it down. In particular, the author reviews the post-Butler pornography prosecutions with a view to answering the question of whether the predictions of Butler critics have been borne out. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61892.05b
    Drawing heavily on Criminal Procedure in Canada, this paper provides a primer on s 9 of the Charter, the constitutional guarantee “not to be arbitrarily detained or imprisoned” (Constitution Act). The author looks at the meaning of “detention” under the Charter and, specifically, issues surrounding police detention and arrest powers under the Charter. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61892.04c
    This paper examines the 2013 amendments to the Co-Management Agreement (under the Métis Settlements Act). The outline of the discussion is as follows: a brief appraisal of the continuing relevance of oil, gas, and oil sands production to Métis settlements in Alberta; an examination of the partnership between the Alberta government and the Métis settlements; an description and a favourable assessment of the operation of the newly amended CMA. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61892.04b
    This paper discusses the conflux between resources development in Alberta and aboriginal consultation. In it, the author focuses on: aboriginal and Metis rights and current consultation law and policy; the legal and policy context of the resource development process; and recent and upcoming changes to aboriginal consultation. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61892.03
    This paper examines the issue of senate reform, starting with the proposed Senate Reform Act, the Quebec government’s reference to the Quebec Court of Appeal and the upcoming reference to be heard by the Supreme Court of Canada. The author includes an addendum in which he reviews the contents of the facta filed in the Senate Reference. He also includes a chart summarizing governmental positions on the various questions at issue. That reference was scheduled for November, 2013. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61892.02b
    First, this paper reviews the approaches to discrimination under both human rights legislation and the Charter, considering the Supreme Court’s historical approaches through to its most recent decision in Moore v. B.C. (Education) and Québec v A. Next this paper presents a case study from the Alberta Court of Appeal – Wright v College and Association of Registered Nurses of Alberta (Appeals Committee) – to illustrate the impact that the different approaches to discrimination may have on case outcomes. Finally, the paper considers the arguments for and against keeping the approaches under human rights legislation and the Charter distinct. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61892.02a
    In this paper, the author discusses the effect of the SCC decision in Doré v. Barreau du Quebec on the doctrine of judicial deference in administrative law. He situates Doré within the court’s earlier case law regarding the interplay between administrative law and Charter jurisprudence, and, more specifically, the interrelationship between constitutionalism, courts, and the administrative state. The author argues that Doré represents a welcome development that may stimulate a more democratic discourse on human rights, the full potential of which cannot be realized in the absence of further doctrinal reforms. This paper was presented at the Constitutional Symposium held in October 2013.  
  • 61832.05
    This paper provides an overview of the function of the Alberta Securities Commission, its organization, and the roles and responsibilities of each branch. It then discusses the mechanisms available to the ASC for enforcement of securities laws and the forums in which it may deal with contraventions and initiate hearings. Gain insight into the procedures for investigations, hearings, appeals of decisions, and the range of orders that can be made by the ASC. This paper was drawn from materials presented at The Practical Side of Administrative Agencies, Boards, and Tribunals program held in April 2012.
  • 61832.01
    This article provides a useful overview of the workers’ compensation review and appeal systems. First, it reviews the principles on which the WCB system is founded. Then it discusses the various decision review structures, including judicial review and judicial appeals. Finally, it concludes by identifying and answering a comprehensive list of frequently asked questions about the WCB system. This is a must read article for any practitioner considering doing work in the area of WCB claims or any experienced practitioner who wants to fill possible gaps in knowledge. This paper was drawn from materials presented at The Practical Side of Administrative Agencies, Boards, and Tribunals program in April 2012.
  • 61816.05
    This paper is complimentary.