Areas of Law
Areas of Law
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  • 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.  
  • 61875.02
    Based on the intersection between family and immigration law, this paper highlights some of the immigration related issues that family lawyers may encounter. Written from the perspective of an immigration lawyer, this paper addresses numerous topics including sponsorship, international adoption, marriage fraud, foreign divorce, and custody and access when one parent has foreign status. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.  
  • 61869.06
    After briefly outlining the definition and purpose of a municipality, this paper overviews municipal decisions and delegation. This paper also provides tables organized according to important sections of the Municipal Government Act and whether decisions are made by bylaw or resolution. This paper was presented at the 2013 Municipal Law program.
  • 61869.05
    This paper is organized into ten parts to guide the reader through the most important provisions dealing with property assessment in Alberta as well as some of the taxation provisions. Case citations have been provided for MGA sections 470 and 362. This paper was presented at the 2013 Municipal Law program.
  • 61869.02
    The area of planning offers municipalities the opportunity to shape both short term and long term growth; it is a dynamic and changing area as municipal councils use planning tools to establish frameworks for their municipalities. This paper explores the framework of planning law, including various planning documents and entities that play a role in planning decisions in order to aid the reader in navigating this area of law. This paper was presented at the 2013 Municipal Law program.
  • 61869.01
    This paper discusses the rules established by the Provincial government and set out in the Municipal Government Act and related regulations that a municipal corporation must follow. These legislative requirements are meant to ensure that the taxpayers’ money is properly accounted for and spent. Although these requirements also intend to ensure transparency and accountability, the author cautions that it can be difficult to effectively challenge resolutions or bylaws relating to municipal financial matters. This paper was presented at the 2013 Municipal Law program.
  • 61872.05b
    This paper presents an in-depth overview of the Alberta Land and Stewardship Act before discussing its impact on rural property. The author concludes by cautioning that these legal provisions could change what it will mean to own land, conduct business, invest, and carry on a business in Alberta. This paper was presented at the 2013 Rural Property Issues program.