No products in the cart.
Search LESA Resources
Areas of Law
Content Type
Author
Find by author/faculty...
Date
-
61892.04bThis 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.
-
61849.03Consultation Update: Emerging & Persistent Issues Using Haida Nation v British Columbia’s vision of the duty to consult as existing along-side the negotiation process (aiming at a more fulsome settlement of aboriginal rights claims), this paper first provides an overview of the duty to consult and the state of the law. The author then considers the particular issues of the role of tribunals, agencies, and the identification of parties to a consultation. In conclusion, the author discusses the theme of reconciliation that continues to evolve around the duty to consult. Section 35(1) of the Constitution Act, 1982, the Duty to Consult, and the Government of Alberta’s First Nations Consultation Policy This paper argues that Alberta’s approach to First Nation consultation falls short of fulfilling the province’s constitutional obligation in this regard, but the development and management of public lands and resources appears to operate smoothly and efficiently, without any serious legal challenges or significant delays in this process. After a thorough summary of the current state of Canadian law regarding consultation and accommodation as well as Alberta’s policy and procedures, this paper evaluates Alberta’s policy and practices in light of the state of the law, the current operation of land and resource dispositions, and regulatory processes. Finally, this paper addresses the question of whether the conceptual failings of Alberta’s approach regarding consultation and accommodation should be a matter of serious concern given the absence of significant practical problems in the regulatory system. These papers were presented at the Constitutional Law Symposium in September 2012.
-
OC-62071-05Using five fact scenarios, explore the practice of administrative law in the courts and before tribunals, and discuss tips and strategies to employ when dealing with administrative law matters. This on-demand program was originally presented as an in-person program in February 2018.Select options This product has multiple variants. The options may be chosen on the product page
-
61892.02aIn 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.
-
OC-62071-01In this presentation, Timothy Hurlburt QC provides a companion for statutory interpretation in the context of administrative law. This on-demand program was originally presented as an in-person program in February 2018.Select options This product has multiple variants. The options may be chosen on the product page
-
61961.02This paper, written by a prominent practitioner in the areas of technology, intellectual property and privacy, offers practical advice for drafters of online and cloud computing agreements. He discusses the advantages of having an ADR clause in an internet-based agreement, why a jurisdiction-governing clause is important, and the limitations of those clauses. References included. This paper is part of a collection presented at LESA’s Technology Contracts program in September, 2015.
-
61955.02This 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.
-
61887.03Acknowledging the popularity of ADR, this author suggests that resolution under these processes can be hindered by a lack of advocacy in the dispute resolution. She offers some tips and traps for the lawyer participating in ADR to ensure the most favourable results. Details include: choosing the most appropriate form of ADR, preparing written materials, preparing the client, and conducting oneself at the ADR proceeding itself. This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.
-
62462.07Administrative law reflects the balance between the rule of law and the authority of parliament and legislatures to establish agencies and to endow them with broad powers. Good advocacy is as important in administrative law as in civil or criminal litigation. However, there are important differences and areas worth emphasizing that are unique to administrative proceedings. This paper considers the key principles of: statutory interpretation, advocacy in the context of adjudicative decision makers, advocacy for judicial review, and advocacy for appeals to court from administrative tribunals. This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.
-
092.014.00The Alberta Labour Relations Code Practitioner’s Manual is a subscription service that is updated periodically. It contains an annotated version of the Alberta Labour Relations Code as well as a full set of Alberta Labour Relations Board application forms, rules of procedure, voting rules, and all information bulletins.
-
61872.05bThis 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.
-
61892.04cThis 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.
Prev
1
2
3
4
…
20
Next