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61892.05bDrawing 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.
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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.
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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.
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61892.03This 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.
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61892.02bFirst, 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.
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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.
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61891.04This paper provides background information regarding the Western Law Societies Conveyancing Protocol. In addition to background information, the following topics are covered: the basic description and key steps of the protocol, what is and is not covered by the protocol, how to follow the protocol, useful tips and a number of resources. A number of useful checklists (file review, purchase closing, sale closing, and mortgage closing) are included. This paper was presented at the Running Your First Real Estate Transaction program held in September 2013.
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61891.02This paper outlines some common issues real estate practitioners face when dealing with a residential purchase contract. The author discusses how to conduct the initial review of a new residential conveyancing file, followed by an overview of the key terms of the contract. The author also highlights a number of common issues that need to be monitored in a residential real estate file. This paper is based upon the October 2012 AREA contract (not included). This paper was presented at the Running Your First Real Estate Transaction program held in September 2013.
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61891.01Essential to the smooth closing of any purchase or sale, this paper provides information on the trust conditions imposed and undertakings given in a residential real estate transaction. In addition to trust conditions and the undertakings, this paper also provides details on drafting a trust letter. Trust letter precedents are included. This paper was presented at the Running Your First Real Estate Transaction program held in September 2013.
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61878.02This paper provides a practical explanation of the objectives that an estate freeze can serve; the advantages and disadvantages of implementing a freeze; and several alternative mechanisms for doing so. Special focus is given to tax and non-tax uses of trusts as well as specific issues that arise when creating and maintaining a family trust. This paper was presented at the Tax Law Update program in May 2013.
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61875.14This paper reconsiders the law of entitlement to spousal support by reviewing a history of ideas about spousal support, including compensatory and non-compensatory support, and the Spousal Support Advisory Guidelines. The author suggests that the outdated nature of today’s spousal support law requires an evaluation of the old ideas before moving forward while recognizing tensions between the “lay intuitions” of clients, theoretical articles by academics, court decisions by judges, and the practicalities of amount and duration. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
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61875.13This paper provides an excellent overview of spousal support. It explores not only the historical roots of difficult spousal support conversations, but, also, a different approach to resolve potential conflicts over spousal support. This approach balances a rights-based analysis of spousal support with an integrative analysis of the clients’ needs, interests, and resources. Bringing interest-based negotiation into the spousal support arena enhances the possibility of creative and durable outcomes, and humanizes the pressing emotional needs of the players. This paper was presented at the 46th Annual Family Law Refresher in April of 2013.
