Program Papers

Showing 13–24 of 178 results

  • Aboriginal and Language Rights

    $45.00
    Constitutional Obligation of Alberta to Publish Laws in French 
    Author: Margaret Unsworth QC
     
    This paper discusses the case of Gilles Caron and Pierre Boutet (Caron), recently argued at the Supreme Court of Canada. The paper provides an overview of the arguments advanced in the case on the central issue of whether there is a constitutional obligation on the Province of Alberta to publish its laws in French. Note that the case was argued on February 13, 2015 and the SCC reserved their decision on this issue.
    Daniels v Canada: Supreme Court to end 150 Years of Political Football?
    Author: Keltie Lambert 
     
    This paper provides a summary of the Daniels v Canada case, which centres on the fundamental question of whether the term “Indians” as used in the Constitution Act, 1867 includes Metis and Non-status Indians. 
    These papers are part of a collection presented at LESA’s Constitutional Law Symposium in October, 2015.
    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

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  • Aboriginal Consultation and the Energy Resource Development Process in Alberta

    $65.00

    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 seminar held in October 2013.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

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  • Administrative Law Fundamentals Program Materials

    This program highlights topics fundamental to administrative law, including principles of natural justice, evidentiary issues, legislation interpretation, and the judicial review process. It explores the practice of administrative law in the courts and before tribunals, and provides tips and strategies to employ when dealing with administrative law matters.

  • Administrative Law, Judicial Deference, and the Charter

    $55.00

    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 seminar held in October 2013.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • Adverse Impact: The Supreme Court’s Approach To Adverse Effects Discrimination Under Section 15 Of The Charter

    $45.00

    Authors: Professor Jonnette Watson Hamilton and Professor Jennifer Koshan

    This paper presents a comprehensive review and critique of the Supreme Court of Canada’s adverse effects discrimination jurisprudence. Using various case studies like Andrews v Law Society of British Columbia, Eldridge v British Columbia (Attorney General), Vriend v Alberta, Taypotat v Taypotat, and Carter v Canada (Attorney General), this paper begins by exploring both the history and current framework of the Court’s s 15 jurisprudence. The authors go on to review the Supreme Court’s adverse effects discrimination cases in the context of three different analytical approaches to s 15(1).  Lastly, they focus on Carter, seen as the newest challenge to the constitutionality of the criminal prohibition against assisted suicide, and which is about to be heard by the Supreme Court.  The authors conclude by contemplating the way forward for adverse effects claims.  A list of S.C.C. s. 15(1) equality cases is attached.

    This paper was presented at the Constitutional Law Symposium in October 2014.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF. 

    Click here to view some sample pages.

  • Advising Small and Family Businesses Program Materials

    Small and family business owners have unique challenges. As trusted advisers, lawyers are well-positioned to help address these challenges. Investigate issues that small and family businesses face so you can more competently provide advice.

  • Alberta Securities Commission: Primer

    $35.00

    In this primer Don Young gives a useful overview of the function of the Alberta Securities Commission, its organization and the roles and responsibilities of each branch. Young 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. This article will give you insight into the procedures for investigations, hearings, appeals of decisions, and the range of orders that can be made by the ASC. Young also generously directs you to where you may find answers to other questions you have.

    This paper was drawn from materials presented at The Practical Side of Administrative Agencies, Boards, and Tribunals seminar held in April 2012.

    Length: 11 Pages

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • Alberta’s Métis Settlements and the Co-Management Agreement.

    $55.00

    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 seminar held in October 2013.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • Alternative Dispute Resolution (Program Materials)

    Effective September 1, 2019, the Court of Queen’s Bench lifted the suspension of mandatory ADR. Now lawyers seeking quick resolution of disputes must consider alternative methods. Revisit various forms of ADR and develop strategies to enhance your use of them.

  • Alternatives to Traditional Retainers: Providing Limited Scope Legal Services

    $55.00

    This paper examines in some detail the limited scope retainer that is, the idea of consciously structuring the lawyer-client relationship so that the lawyer provides a strictly limited number of legal services. The author discusses a range of issues related to limited scope retainers, including how best to define with the client the limited scope of services to be provided.

    This paper was presented at the Law and Practice Seminar in November 2013.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • An Overview of CCAA Proceedings

    $55.00

    This paper examines the workings of the Companies Creditors Arrangement Act, including issues surrounding the threshold for CCAA relief and the practical process for obtaining that relief. It also addresses the role of a “Monitor” in CCAA proceedings, and considers how that role may evolve depending upon the facts of a particular case. Finally, it considers the more common forms of CCAA restructurings.

    Added bonus: Bankruptcy 101 Glossary of terms by Craig McMahon, Field LLP, providing an alphabetical list of typical bankruptcy-related terms and a concise explanation of each.

    This paper was presented at the Bankruptcy Seminar in January, 2014.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • An Overview of Current Developments in Alberta Family Law for Busy General Practitioners

    $65.00

    This practice-oriented overview examines current topics in family law that busy general practitioners may find useful for advising their family law clients. It draws together commentaries by a number of Alberta family lawyers who have given fuller treatment to these subjects in previous LESA papers and, in particular, at the most recent 2013 Family Law Refresher in Banff. Attachments include a schedule of references to other works, a “quick reference” to Family Justice Services, and checklists on unjust enrichment and constructive trust claims.

    This paper was presented at the Law and Practice Seminar in November 2013.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

Showing 13–24 of 178 results