bluuebunny/crossref_metadata_2025 huggingface dataset:
The Supreme Court of Canada and the Alberta Court of Appeal: Do the Top Courts Have a Fundamental Philosophical Difference of Opinion on Public Law Issues
Authors: Billingsley Barbara , Elman Bruce P.
Published: December 2018

Prompted by the marked clash between the Supreme Court of Canada and the Alberta Court of Appeal in R. v. Ewanchuk, the authors ask whether this conflict is indicative of a fundamental divergence of opinion between the two courts. To answer this question, the authors embark on a review of all 132 public law cases appealed from the Alberta Court of Appeal to the Supreme Court of Canada between 1982 and December 2000. The authors examine these cases to determine the extent of the Supreme Court’s overt criticism of the reasoning employed by the Alberta Court of Appeal.
While acknowledging the obvious difficulties of subjecting this data to precise analysis, the authors find that the data reveals some predictable patterns regarding the manner in which the two courts react to certain public law questions. The authors conclude that there are some fundamental philosophical differences between the courts, a finding which indicates that the class between the courts in the Ewanchuk case was not a completely unique or unpredictable circumstance.
Restorative Justice at the Miyo Wahkotowin Community Education Authority
Authors: Wildcat Matthew
Published: December 2018

This article examines the development of restorative justice techniques at the Miyo Wahkotowin Community Education Authority, which operates three schools for the Emineskin Cree Nation in Maskwacis (Hobbema, Alberta).  The article begins with an examination of conflict with Maskwacis.  Contextualizing the conflict that takes place within the community is necessary to understand the restorative justice techniques employed by Miyo Wahkotowin.  While many techniques of restorative justice has previously been implicitly practiced in the schools overseen by Miyo Wahkotowin, officially adopted restorative justice techniques provided a set of ideas that allows Miyo Wahkotowin to explicitly discuss and practice alternate forms of conflict resolution.  The article ends by looking at how the use of restorative justice techniques by Miyo Wahkotowin holds transformative potential for the community of Maskwacis as a whole.
Auto Insurance as Social Contract: Solving Automobile Insurance Coverage Disputes Through a Public Regulatory Framework
Authors: Knutsen Erik S.
Published: December 2018

Automobile insurance in Canada is a product with a decidedly public purpose, a social contract. The provincial governments are heavily involved in the creation, regulation, drafting, and operation of the automobile insurance regime in any particular province. This public flavour to Canadian automobile insurance necessarily should affect the way one assesses the availability of insurance coverage in accident situations involving injuries or death. Understanding the limits of automobile insurance coverage for injuries or death in any given accident situation in Canada should be an exercise of interpretation akin to discerning the meaning of a public regulatory instrument with a public purpose, like a statute. This article proposes a novel interpretive framework for Canadian automobile insurance coverage disputes, one which accounts for the public purpose of such insurance and which searches for the true intent behind the language in the coveragegranting instruments. The framework also prompts an assessment of coverage decision consequences in a public compensatory regime and, in instances of coverage ambiguity, solves those ambiguities through basic tools of consumer protection.
Seeking More Than Truth: A Rationalization of the Principled Exception to the Hearsay Rule
Authors: Moen Shawn
Published: December 2018

Canadian treatment of hearsay evidence has changed significantly in the preceding 20 years. Since 1990, the Supreme Court of Canada has adopted a more flexible approach to hearsay evidence through the development of the "principled exception." In this article, the author examines the purpose of evidence law and trial procedure from three different perspectives: as a tempered "truth-seeking" process, as a medium to communicate the acceptability of verdicts, and as a tool to regulate the epistemic and ethical conduct of decision-makers. He suggests that these three purposes are complementary and examines the principled exception to the hearsay rule using this pluralist approach. Overall, the author concludes that while the principled exception is primarily directed at promoting "truth-seeking," the necessity criterion and the current procedural format are also designed to enhance the communicative role of the trial process and to assist in the deliberation by the adjudicator. As such, the principled approach has been designed to seek more than the "truth."
Writing on a Blank Slate: The Alberta Court of Appeal’s Early Charter Cases
Authors: Faulds P. Jonathan
Published: December 2018

This article describes several cases heard by the Alberta Court of Appeal during the first five years after the Charter was proclaimed. In doing so, it highlights the key contributions made by the Court of Appeal to early Charter interpretations. It further explores how the Alberta Court of Appeal’s Charter judgments were received by the Supreme Court of Canada. It outlines the contributions that these judgments made to foundational principles of Charter interpretation and ultimately concludes that the Alberta Court of Appeal had a significant role in shaping how the Charter was understood and applied.
The Negotiable Constitution: On the Limitation of Rights, Grégoire C.N. Webber
Authors: Newman Dwight
Published: December 2018

(Cambridge: Cambridge University Press, 2009)
New and Emerging Issues Arising out of the Bankruptcy or Insolvency of Energy Companies: The Impact of the Latest Recession
Authors: Krüger Josef G.A. , Gilborn And R.J. Daniel
Published: December 2018

This article highlights new and emerging bankruptcy and insolvency issues that arose out of the latest recessionary period, which led or contributed to the insolvencies of several global energy companies. Through an analysis of a sample of decisions arising out these proceedings, the article posits that the potential exists for further arguments regarding priority disputes, distributions, and set-off in future insolvencies involving energy companies.
The Canadian Arctic: The Changing Seascape of Offshore Oil and Gas Exploration Issues
Authors: Spicer Wylie , Bath And Tanya
Published: December 2018

This article examines issues affecting the offshore oil and gas business in the Canadian Arctic. It begins by discussing the impact of international conventions and the roles of the international organizations that administer them, or have direct interests in the Arctic. It then addresses the implications of Canadian sovereignty, relevant legislation, land claim agreements with Aboriginal groups, and Aboriginal cases currently before the Supreme Court of Canada. It concludes with thoughts and speculations concerning the possible futures for offshore oil and gas development in the north.
Sexual Assault Cases at the Alberta Court of Appeal: The Roots of Ewanchuk and the Unfinished Revolution
Authors: Benedet Janine
Published: December 2018

This article surveys rape law reform efforts in Canadian criminal law by mapping these changes onto the decisions of the Alberta Court of Appeal. First, the article outlines how decisions in the 1970s and 1980s reflected ideas and assumptions about sexual offences. It then traces how these ideas were challenged in law reform efforts in 1983 and 1992. Next the article turns to the definition of non-consent and the Ewanchuk case, and how the reasons at the Court of Appeal reflect evolving attitudes to sexual assault. Finally, the article ends with reflections on sexual assault law following the Ewanchuk decision.
Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401
Authors: Curran Bruce
Published: December 2018

No abstract available.
Fostering a Scholarly Network in International Law: An Introduction to the Special Issue
Authors: Forcese Craig , Harrington, Special Issue Editors Joanna
Published: December 2018

This special issue of the Alberta Law Review is devoted to the discussion of current topics within the field and discipline of international law, including matters of international trade and investment law, international development, peace and security, international criminal law, and the international protection of human rights. The publication of this issue represents the culmination of an extraordinary intellectual exchange between four societies dedicated to the development and promotion of international law, which together represent five countries and attract membership from lawyers within academia, government, and private practice. The “Four Societies” initiative stems from an initial partnership in the early 1990s between the American Society of International Law (ASIL), the Canadian Council on International Law (CCIL), and the Japanese Society of International Law (JSIL), which was later expanded upon during the current decade to include the Australian & New Zealand Society of International Law (ANZSIL). Without the support of these Four Societies, this special issue, and the two-day conference at which the articles were first presented, would not have taken place.
Corporate Directors’ Disqualification: The New Canadian Regime
Authors: Girgis Jassmine
Published: December 2018

An insolvent time in a corporation’s life may compel directors to engage in reckless behaviour and wrongful conduct to hide the state of financial distress from creditors as the directors attempt to trade out of insolvency. Currently, Canadian legislation does little to protect from this type of situation. In this article, the author examines the different schemes in the United Kingdom, specifically directors’ personal liability and the director disqualification scheme, and argues that the disqualification scheme has been successful for protecting creditors. The author then considers the Canadian provisions currently in place that allow for the removal of directors and concludes that the adoption of a disqualification scheme, especially under the federal insolvency power, should be seriously considered.
The Legal Status of the Joint Venture
Authors: Flannigan Robert
Published: December 2018

Commercial actors commonly describe their group undertakings as joint ventures. That practice has infiltrated the judicial lexicon and appears to be fostering a supposition on the part of some judges that a joint venture is a distinct legal form. The supposition is unwarranted. A review of the American, English, Australian, and Canadian case law and commentary discloses no substantive basis for the claim of distinct status.
Defining Rights and Wrongs: Bureaucracy, Human Rights, and Public Accountability, Rosanna L. Langer
Authors: Paradis Patricia
Published: December 2018

(Vancouver: University of British Columbia Press, 2007).
NAFTA, Alberta Oil Sands Royalties, and Change: Yes We Can?
Authors: Roth Bernard J.
Published: December 2018

The Government of Alberta has recently announced that it intends to increase oil sands royalty rates. This article reviews these proposed changes to determine if they comply with the investment protection obligations Canada assumed under c. 11 of the North American Free Trade Agreement (NAFTA). In addition to ensuring non-discriminatory treatment of investors, c. 11 of the NAFTA prohibits expropriation of investments without compensation. What constitutes expropriation under the NAFTA may be broader than the expropriation protection under either American or Canadian domestic law. The result is that American investors in Canada may have greater protection against expropriation than Canadian investors in Alberta. Likewise, Canadian investors in the United States may also be in a preferred position relative to American investors in their own country. The article concludes that the Government of Alberta may have to compensate U.S. investors in Alberta’s oil sands if it carries through with the oil sands royalty changes it has announced.
The 2007 CAPL Operating Procedure
Authors: Spurn Craig , Prete Jana , Zerebeski Melissa
Published: December 2018

This article provides an introduction and overview of the 2007 Canadian Association of Petroleum Landmen Operating Procedure and a detailed analysis of certain key provisions and changes made. The article notes that the 2007 Procedure is responsive to significant developments in the Canadian oil and gas industry and constitutes a major update of the Procedure, including in its emphasis on a “norm-based” approach rather than a “standard form” approach and articulating the need for, and cost of, deviating from the provisions of the model form.
Constitutional Authority Over Greenhouse Gas Emissions
Authors: Hogg Peter W.
Published: December 2018

As awareness and concern about global warming increases, Canada’s federal and provincial governments have responded with policies and programs designed to curb greenhouse gas emissions. However, the Constitution of Canada does not specify which level of government has the requisite power to enact the statutes and regulations needed to effectively deal with this pervasive issue. This article explores the constitutionality of a federal program aimed at lowering emissions across the country and concludes that such a program is within the power of the federal government, notwithstanding the fact that it is also within the power of the provincial governments. The author reasons that the emissions reduction program currently being proposed by the federal government is within its legislative power because its complex administrative procedure ultimately culminates in the requisite prohibition and penalty and has a valid criminal purpose. The article concludes by canvassing other possible heads of power under which the federal government could enact such legislation and by exhorting the federal and provincial governments to co-operate in order to stave off a potentially confusing patchwork of overlapping regulations.
Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers, 2007 — 2008
Authors: Lowe John E. , Liteplo Jonathan M.
Published: December 2018

This article highlights regulatory and legislative developments during the period of May 2007 through April 2008 that are of interest to oil and gas lawyers. The article primarily examines decisions and other related jurisprudence of the National Energy Board and the Alberta Energy and Utilities Board, the latter of which was split into the Energy Resources Conservation Board and the Alberta Utilities Commission on 1 January 2008. Additionally, the article details policy and legislative developments affecting the National Energy Board and the two new Alberta regulators. Regulatory developments at the Alberta Surface Rights Board and in other jurisdictions are also considered.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Litton KayLynn G. , Maxwell James F.
Published: December 2018

This article provides a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors survey recent Canadian cases in the following areas of law: aboriginal, administrative, conflict of laws, confidentiality, contracts, employment, environmental, freehold leases, unit agreements, injunctions, rights of first refusal, surface rights, taxation, and securities.
The Common Intention of the Parties and the Payment of Annuities Under the Numbered Treaties: Who Assumed the Risk of Inflation?
Authors: Metcs Robert
Published: December 2018

The article examines a key term in the so-called Numbered Treaties between the Crown and the Indians of the northwest: the provisions for “annuities” or annual payments in perpetuity by the Crown to the Indian signatories. The author observes that the Crown, in the performance of this obligation, has adhered consistently to the monetary law principle known as nominalism, thus asserting that the common intention of the parties to these treaties was for the First Nations signatories to assume the entire risk of any future loss in value or purchasing power attached to the nominal sums provided. It is argued, however, that the stability of the annuity in terms of purchasing power (with a consequent placement of the risk of any decline in the buying power of the dollar on the Crown) must, if not found explicitly within the terms of the treaties as the expressed intent of the parties, be implied as a reflection of their unexpressed intent. Any interpretation that entails the risk of inflation being assumed by the First Nations signatories must therefore be based entirely on factors other than the common intention of the parties to the Numbered Treaties.
A Review of Emerging GHG Emissions Trading in North America: Fragmentation or Progress?
Authors: Boyle Grant
Published: December 2018

A patchwork of greenhouse gas (GHG) emissions trading regulations has emerged in North America, with regulations emerging at provincial, federal, state, interstate, and international levels. This patchwork of systems differs from the earlier approach taken by other jurisdictions, such as in the European Union. The author reviews the North American schemes, detailing their key features, drawing comparisons between the systems, and discussing the implications for the future of GHG emissions trading in the United States and Canada. The author argues that while there is likely to be some degree of convergence, the regional and political diversity that underpins the patchwork approach will continue to influence the design of any larger trading system, including efforts to establish a global emissions trading system.
The New Dawn — Commercial and Regulatory Considerations Affecting Liquified Natural Gas Export from British Columbia
Authors: Holub David , Letourneau Laura , Buckingham Janice , Nettleton Gord
Published: December 2018

This article explores a sampling of commercial and regulatory issues, challenges, and risks encountered in the development of the Kitimat Liquified Natural Gas (LNG) project. The authors describe practical and innovative solutions proposed by lawyers to address the issues, resolve the challenges, and mitigate the risks of an LNG export project. The commercial and regulatory arrangements of the Kitimat LNG project are described. Industrial development on Aboriginal lands is overviewed, particularly in regards to the need for consultation with Aboriginal communities and First Nations groups affected by the proposed LNG project. The National Energy Board export authorizations are also overviewed, with a focus on the export licence requirement for an LNG project.
Assessment and Analysis of the Decision of the Alberta Court of Appeal in OMERS Energy v. Alberta (Energy Resources Conservation Board)
Authors: Quesnel Alicia , Rogers Aaron
Published: December 2018

This article provides an assessment of how the findings of the Alberta Court of Appeal in OMERS Energy v. Alberta (Energy Resources Conservation Board) compare and conflict with the approach historically taken by Canadian courts addressing the capability of a well and related issues. The authors then provide an analysis of uncertainties created by the findings of the Court and discuss the implications of the decision for the upstream oil and gas industry.
Recent Regulatory and Legislative Developments of Interest to Energy Lawyers
Authors: Fitch Gavin S , Dixon Evan W
Published: December 2018

The purpose of this article is to highlight and discuss legislative and regulatory developments relevant to energy lawyers, including electricity matters and related jurisprudence, that have arisen during the period between May 2011 and April 2012. This article focuses primarily on decisions before the relevant courts and tribunals in the areas of facilities approvals, Aboriginal consultation, environment, licences, tolls and tariffs, scoping, standing and participant funding, and administrative law. In addition, this article highlights developments in legislation, policy, and guidelines.
The Legal Framework for Carbon Capture and Storage in Alberta
Authors: Bankes Nigel , Poschwatta Jenette , Shier E. Mitchell
Published: December 2018

Carbon capture and storage (CCS) technologies are gaining currency as a means of disposing of greenhouse gases and helping states meet their international obligations under such instruments as the Kyoto Protocol. However, while the utility of these technologies has become increasingly evident, their relative novelty has meant that the legal issues surrounding their application have remained largely unresolved. This article examines the property, regulatory, and liability issues associated with CCS in an Alberta context. The authors draw upon existing law and practice in relation to analogous activities including enhanced oil recovery, acid gas disposal, and natural gas storage to identify changes and clarifications that might be desirable in order to develop an appropriate legal framework for CCS in Alberta.
From Right to Wrong: Grounding a "Right" to Privacy in the "Wrongs" of Tort
Authors: Hunt Chris D.L.
Published: December 2018

This article discusses the theoretical foundations for a common law tort of invasion of privacy. The author argues that invading a person’s “right” to privacy is conduct that can be regarded as a tortious “wrong.” He illustrates this by integrating privacyinto the work of several leading tort theorists and also by drawing analogies between privacy and defamation, on the one hand, and battery and trespass, on the other. He concludes that asking tort to protect privacy does not ask it to do work of a kind any different in substance from that which it has long been doing.
Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers 2006-2007
Authors: Holgate David A. , Langen Dennis P.
Published: December 2018

The purpose of this article is to highlight and discuss regulatory and legislative developments during the period of May 2006 through April 2007 that are ofparticular interest to oil and gas lawyers. The article primarily examines decisions of the National Energy Board and the Alberta Energy and Utilities Board as well as related jurisprudence. Additionally, the article details certain key policy and legislative developments affecting the National Energy Board and the Alberta Energy and Utilities Board, and touches on notable regulatory, policy, and legislative developments inother jurisdictions.
All Aboard!! — Legal and Commercial Issues in Transporting Crude by Rail
Authors: Byblow Keith , Harper Dufferin , Blyschak Paul
Published: December 2018

The transportation of crude oil by rail has undergone significant growth in recent years, driven by a wide variety of actors and internal and external factors. This article surveys the dynamic legal and commercial context in which crude by rail operations occur, as well as the economic and regulatory forces working to keep the area in flux. In particular, these issues are considered in light of the tragedy that befell Lac-Mégantic in July 2013.
Cut-and-Paste Justice: A Case Comment on  Cojocaru v. British Columbia Women's Hospital and Health Centre
Authors: Roussy Alain
Published: December 2018

Case comment on  Cojocaru v. British Columbia Women's Hospital and Health Centre, 2013 SCC 30, [2013] 2 SCR 357.
Decolonizing Law School
Authors: Macdonald Roderick A. , McMorrow Thomas B.
Published: December 2018

This article provides an examination of the future of law school in Canada through the framework of colonization and decolonization. The authors identify five interconnected forms of contemporary colonization in law school, namely intellectual, professional, market, consumerist, and herd colonization, all of which are impacted by the catalyst of technology. The process of decolonizing law school identified by the authors is fundamentally a process of moving the role of human agency to the foreground in designing, building, and renovating institutional orders that foster human flourishing.
A Canadian Law School Curriculum for this Age
Authors: Holloway Ian
Published: December 2018

This article suggests a number of curricular alterations to the current law school program in order to adjust for the modern practice of law. The author begins by reviewing the expansive nature of law school from the end of the Second World War until the period just after the year 2000, which he describes as the Gilded Age of law school. He asserts that the Gilded Age ended with the introduction of market forces into Canadian legal education in 1995. The author argues that the law school of today must anticipate the legal profession of tomorrow. The suggested additions to law school include: grounding legal education in learning theory; using solution-oriented and economic analysis; instructing lawyers to be leaders, team players, project managers, and globally minded; using legal history as a basis for understanding the law; and implementing technology as part of the core curriculum.
Crowdsourced Coursebooks
Authors: Henderson Stephen E. , Thai Joseph
Published: December 2018

Given increasing criticism and dropping admissions, American legal education is likely to change, hopefully reversing the unsustainable trend of increasing expense without increasing value. Much debate focuses on restructuring the curriculum to make it more “practical” and skills-infused; here we instead propose a rethinking of the basic unit of law teaching, the casebook. Casebook authors and publishers are cautiously venturing into electronic editions, but they fail to harness the power of social learning to make textbooks dramatically smarter as well as cheaper. We are developing an online platform that reinvents both authorship and learning. The platform, which has progressed to alpha testing, provides an online system for crowdsourcing authorship by law professors (including shared and socially ranked case selections, edits, annotations, questions, and problems) and reading by law students and others (including shared and socially ranked highlights, notes, questions, answers, and other interactions, as well as live collaboration). Rather than settle for twentieth century casebooks in digital form, we aim to enable twentyfirst century coursebooks that originate in, and then grow increasingly useful and valuable through, social intelligence.
Underground Coal Gasification: A Regulatory Framework for Alberta
Authors: Kalkbrenner Astrid
Published: December 2018

Underground Coal Gasification (UCG) is a new emerging clean coal technology. It holds promise for reaching and making use of very deep coal seams that technically could not otherwise have been mined at these depths. UCG technology and knowledge developed significantly during the 20th century. Countries around the world with large coal deposits sustain and promote UCG research and launch projects with the intention to commercially deploy UCG. Alberta currently hosts two UCG projects, and a third project is under consideration. The development of these projects suggested the need for a UCG specific regulatory approval process. In 2011, Alberta enacted specific UCG legislation. This article deals with recent developments in UCG technology and its regulations. The aim of this article is to present Alberta’s current UCG regulatory framework as a model for other jurisdictions.
Protecting and Supporting the Orphan Fund: Recent Legislative and AEUB Policy Amendments Designed to Address Unfunded Liabilities of Oil and Gas Faculities in Alberta
Authors: Brenzina Danielle , Gilmour Bradley
Published: December 2018

Recent changes to the Oil and Gas Conservation Act have given regulatory bodies a broader mandate in relation to abandoned wells in Alberta; as set out primarily in Part 11, "Orphan Fund, " but elsewhere as well. These legislative changes have important implications for the oil and gas industry due to the expanded scope of the Orphan Fund as regards liability, suspension and abandonment obligations and costs, and the related accountability of directors, officers and agents. This article discusses these changes and how they have been given substance through policy developments and regulatory decisions.
The Crown's Duty to Consult Aboriginal People
Authors: Isaac Thomas , Knox Anthony
Published: December 2018

The Crown's duty to consult Aboriginal people when contemplating an infringement of an Aboriginal or treaty right is becoming settled in law. The procedural and substantive content of that duty, however, remains uncertain. These authors demonstrate the need for certainty for industries contemplating the exploitation of lands potentially subject to Aboriginal and treaty rights, and discuss where we can look for certainty.
British Columbia Offshore Oil and Gas Law
Authors: Hudec Al , Penick Van
Published: December 2018

This article addresses the current debate over lifting a thirty-five year moratorium on offshore resource development in British Columbia. It describes the three primary offshore basins and the history of the various moratoriums, as well as the current legal backdrop under which development could occur. The authors review unique jurisdictional, Aboriginal and environmental considerations relating to the west coast, and conclude that the east coast regulatory regime provides a useful regulatory template for the west coast, appropriately updated for technological changes in the offshore industry and changes in regulatory philosophies since the 1980s.
Modernizing the Property Laws That Bind Us: Challenging Traditional Property Law Concepts Unsuited to the Realities of the Oil and Gas Industry
Authors: Quesnel Alicia K.
Published: December 2018

Practitioners deal primarily with two different methods of interpretation in oil and gas cases: the strict method of interpretation and the liberal method of interpretation. However, in recent decisions such as Bank of Montreal v. Dynex Petroleum and Taylor v. Scurry-Rainbow Oil, the courts refused to apply the common law, instead upholding long-standing industry practices that could not be easily classified into proper legal categories.

Following a review of the strict interpretation and liberal interpretation methodologies currently used in interpreting oil and gas cases, this article looks more closely at the method of interpretation used by the courts in Dynex and Taylor. This method of interpretation will be referred to as the challenging method of interpretation. The article discusses the key analytical aspects of the challenging method interpretation, and examines its possible impact on the existing methods of interpretation used in oil and gas cases. Finally, this article concludes with some thoughts about the implications of these cases on oil and gas law.
Recent Regulatory and Legislative Developments of Interest to Oil and Gas Lawyers
Authors: Lee Stephen C. , Forrest Joel
Published: December 2018

The authors canvass important regulatory decisions and legislative developments during the period April 2001to mid-May 2002.
Recent Judicial Developments of Interest to Oil and Gas Lawyers
Authors: Leew Edward A. , Thackray Michael A.
Published: December 2018

The purpose of this paper is to provide a brief review of recent Canadian judicial decisions of interest to oil and gas lawyers. The authors have surveyed Canadian case law in the areas of contract, rights, government regulation, freehold leases, land titles, surface rights, trusts and tax.
Subrogation in the Rear-View: Evaluating Alberta's Current Approach to Automobile Liability Insurance for Impaired Drivers
Authors: Gummer Kendal
Published: December 2018

In Alberta, automobile insurers are required to indemnify an insured up to policy limits for injury or property damage to third parties for which the insured is liable. Prior to 1 June 1982, insurers could demand reimbursement for third party liability payments if the insured driver caused loss while under the influence of drugs or alcohol. However, the Insurance Amendment Act removed the right of insurers to recover these sums. This article evaluates this amendment by considering its impact on the public policy objectives ordinarily associated with subrogation, and argues that, compared to the previous approach, Alberta’s current system of third party liability coverage better serves the objectives of subrogation.
Recent Income Tax Developments
Authors: Martin Roch
Published: December 2018

This article provides a summary of the civil penalties provisions of the Income Tax Act While various warning cries have been directed at these provisions, their purpose and scope should not be ignored. The discussion is not intended to provide a detailed analysis; a working summary, consisting of legislative amendments and judicial developments, is the goal of this article. The Appendix contains possible applications of the provisions.
A Review of the Canada Petroleum Resources Act and the Canada Oil and Gas Operations Act as the Legal Framework for Future Development in the Northwest Territories
Authors: Quesnel Raymond E.
Published: December 2018

This article examines the current core legislation that governs oil and gas activity in Canada's North. While there has been increased industry interest in the Northwest Territories, there has thus far been a lack of actual oil and gas projects against which to measure the efficacy of the current regime in the context of northern development. An historical analysis of the legislative developments indicates that the northern regime formed the basis for the legislative framework now governing east coast megaprojects. The author evaluates the current basis on which rights are granted and recorded, the tenure system, the royalty regime, and the project approval process. He concludes that, while the northern regime is suitable for large scale developments, it may require certain changes to accommodate smaller, more conventional projects likely to be undertaken.
Electricity Deregulation in Canada: An Idea Which Has Yet to Be Tried
Authors: Roman Andrew J.
Published: December 2018

The author outlines the factors involved in the "deregulation " of government-controlled industries, highlighting confusion caused by that misdescription. The challenges facing the Alberta and Ontario governments in the fledgling efforts at restructuring their electricity industries are illustrated against a backdrop of lessons derived from the attempted "deregulation " of electricity in California, and from the Canadian experience with airline, telecommunications, and natural gas industry restructuring.
Legal Considerations in the Development of Coalbed Methane
Authors: Laffin Michael J.
Published: December 2018

This article is premised on the fact that the development of coalbed methane has only recently become commercially viable. The author defines coalbed methane and then considers various legal definition issues pertaining to its development. He explores its ownership and remedies available in cases of relatives ownership conflict. The author then considers leases of coalbed methane and issues arising due to the effects of coalbed methane development on environment.
Basic Derivatives for the Oil and Gas Company
Authors: Smith Mark R.
Published: December 2018

This article provides a general overview of some of the basic derivatives available to oil and gas companies. The author begins by defining what a derivative is and briefly summarizing four basic kinds derive, of derivatives. The author offers other examples of derivative products and illustrates how oil and gas companies can design and utilize these products to meet their individual needs. The article includes a discussion of the 1SDA master agreement, which is used for most over-the-counter derivative contracts. As well, the article outlines some of the key regulatory provisions governing and affecting derivatives, with particular emphasis on Alberta.
A Primer on Conducting Oil and Gas Operations in the Northern Rocky Mountain States: A Strange New World
Authors: Lee John R.
Published: December 2018

This article surveys issues relevant to Canadian oil and gas developers working in the northern Rocky Mountain states in the United States. It begins by providing an historical overview of land ownership in those states and then reviews the methods used to search for title to lands and potential resources therein. The author goes on to address several discrete areas which affect oil and gas operations in the northern Rocky Mountain states with a particular emphasis on oil and gas conservation.
The Supreme Court, Maritime Law and the Offshore
Authors: Spicer Wylie
Published: December 2018

This article provides an analysis of Canadian maritime law and its impact on offshore operations in the context of a recent decision by the Supreme Court of Canada in Bow Valley Husky (Bermuda) Ltd. v. Saint John Shipbuilding Ltd. The author reviews the decision and discusses how it will impact some key aspects of maritime contracts.
Commentary on the Papers Presented at the Ninth Annual Oil and Gas Law Seminar
Authors: Meyers Charles J.
Published: December 2018

The Canadian Petroleum Law Foundation was very fortunate in having Pro fessor Charles J. Meyers as Seminar Commentator at its Ninth Annual Research Seminar in Oil and Gas Law. Professor Meyers is distinguished oil and gas law teacher, is the author of numerous articles on oil and gas law and is the coauthor of Williams and Meyers, Oil and Gas Law. Professor Meyers was gracious enough to commit the following of his comments at the seminar to writing.
A Review of the National Energy Board Policies and Practices and Recent Hearings
Authors: Gibbs R. J. , MacFarlane D. W. , Knowles H. J. , Kelly F. W. , Fetherston C. R. , Bannicke L. B.
Published: December 2018

Under the National Energy Board Act and Regulations thereunder, a purchaser who intends to export natural gas from Canada must obtain an export licence from the National Energy Board. In the fall of 1969, the National Energy Board had be{ ore it several applications for licences to export natural gas in a total amount which was quite large in relation to the previously licenced ·exports. In addition to combining the applications for export licences, the Board decided that the combined hearing would be an opportune occassion for it to reconsider the criteria and practices which it had used in the past to deal with applications for gas export licences, and as such, the Board invited the applicants, six of the provinces and three industry associations, to present evidence and argument with respect to general policy matters to be fallowed by the Board. This article is a study of the said hearing and consists of an outline of the legislative background to the National Energy Board Act, a review of the past policies of the Board, a description of the practices and procedures of the Board, a commentary on several of the submissions made to the Board and a summary of the positions taken by the various parties and intervenors.
The Financing of Oil and Gas Transactions
Authors: Sullivan Robert E.
Published: December 2018

The search for oil is synonymous with the search for funds to finance the activities involved in the exploration and production of oil and gas. This article submits that the uniqueness of oil and gas financing is directly related to the nature, occurrence and production of petroleum and states that oil and gas financing is affected by the stage of development of the reservoir, the nature of oil and gas rights acquired and the extent of government regulation, including securities, conservation and taxation. The stability provided by comprehensive conservation laws has greatly facilitated oil and gas financing by making proven oil reserves an acceptable form of security for loans. The article concludes with a discussion of the .effect of taxation on oil and gas financing in the United States.
Equitable Sharing and End Use of Natural Gas
Authors: Rae C. A.
Published: December 2018

Pursuant to the Doctrine of Correlative Rights, an owner of property in an oil and gas pool is entitled to an opportunity to produce his just and equitable share of the oil and gas in the pool. If such an owner does not exercise this opportunity, this article concludes that the Rule of Capture is the law in Alberta, and the owner who is drained has no right under existing conservation legislation to limit the cummulative share of production of another owner in the pool. Natural gas has many uses in addition to its use as light and fuel. This article further submits, that under the provisions of the Alberta Oil and Gas Conservation Act, the Board has the power to regulate the end use of gas, and as such, could prohibit the use of natural gas in the manufacture of chemicals, fertilizers and carbon black.
Resource Sector Perspectves on Canadian Competition Policy
Authors: Prueter William R.
Published: December 2018

This paper provides general background review and current update as to the legislative development of the existing Combines Investigation Act, concentrating on the application or non-application of the existing legislation to selected activities common to the exploration and production sector. In addition, it reviews selected resource sector concerns respecting current proposals for legislative change.
Sex Work Law Reform in Canada: Considering Problems with the Nordic Model
Authors: Chu Sandra Ka Hon , Glass Rebecca
Published: December 2018

The Nordic model is a piece of legislation, passed in Sweden in 1999, which criminalizes the purchase of sex. In Canada, exchanging sex for money is not illegal, but virtually every activity associated with prostitution is. Following the Ontario Court of Appeal’s decision in Bedford v. Canada, the question of what type of legislation is most appropriate with respect to prostitution has become even more important. This article begins by evaluating the degree of success (or lack thereof) of the Nordic model. The article then goes on to determine whether legislation similar to the Nordic model would be constitutional if adopted in Canada.
Income Tax Considerations Affecting the Drilling Fund - A Practitioner's Viewpoint
Authors: Carten Michael A.
Published: December 2018

The author reviews federal income tax considerations involved in structuring drilling fund, particularly where the organizational form is the limited partnership. He discusses classification, allocation and deduction of partnership costs, including management and other fees; the use ofpartnership borrowings; factors to take into account in timing particular deductions; and the requirements for disclosure of tax consequences in drilling fund offering Practices and policies of Revenue Canada are referred to throughout the paper.
Federal Income Taxation of Oil and Gas Operations
Authors: Carten M. A.
Published: December 2018

In his paper Mr. Carten discusses the Canadian federal income tax system and its application to the oil and gas industry. His principal concern is with those situations in which the taxation of the profits of the industry is not subject to the same basic principles of taxation as are other business operations in Canada.
Purchase and Sale of Resource Properties - The Techniques and Requirements
Authors: Brown W. Gordon
Published: December 2018

The author discusses the techniques and procedures involved in facilitating transactions of resource properties. The lawyer's role in bringing the seller and buyer together, the points of concern in drafting formal agreement, and the important details in closing the transaction are analyzed. Exhibits of pertinent materials are included at the conclusion of the article.
United States Environmental Laws and Exploration and Production Operations
Authors: White Henry R.
Published: December 2018

Concern for the protection of the environment has resulted in the creation of number of new U.S. statutes and regulations which have an important impact on American oil and gas exploration and production operations. The author provides brief historical survey of some of the legislation which provided foundation for laws enacted within the past few years. He discusses in some detail the National Environmental Policy Act provisions and concludes that they have been construc tive force for change, both in the government and the oil and gas industry. The author then provides an overview of various statutes and. regulations establishing guidelines to ensure clean air and water, which are of particular importance to oil and gas producers. In conclusion, the author stresses the importance of maintaining balance between the need for healthy environment and the need for an adequate supply of energy.
Mineral Taxation
Authors: Mackintosh Murray F.
Published: December 2018

In these times of rapidly escalating prices for resources, the provinces of Western Canada have turned their attention to extracting from the resource industry higher return for the citizens in an attempt to provide for the future when the resources are near depletion. This phenomenon is especially noticeable in Alberta. In this article Mr. Mackintosh discusses mineral taxation laws in Alberta and compares them with the corresponding laws of Saskatchewan and British Columbia. The author discusses the constitutionality and interpretation of the new mineral taxation laws and raises some specific problems in applying the legislation.
Thoughts on the Arbitration of Price Redetermination under Gas Purchase Contracts in Alberta
Authors: Holland G. A.
Published: December 2018

This article discusses the use of arbitration in Alberta in relation to the problems of price redetermination under gas purchase contracts. Various price redetermination clauses allowing arbitration are discussed in detail, and the rationale behind such clauses is analyzed. The author then discusses the method of appointment of arbitrators, and in particular, the dangers and effects of appointing "biased" arbitrator. In order for arbitration to work quickly and effectively, the author suggests that pre-arbitration agreement is necessity and he outlines certain essential conditions which should be determined before dispute proceeds to arbitration. The "commodity value concept" and its role in determination of prices in gas purchase contracts is examined, followed by review of recent Western Canada arbitration awards. Finally, the author summarizes the involvement of the Alberta Gov ernment in the matter of price redetermination, and in particular, examines the question of whether or not the proposed amendments to The Arbitration Act are constitutionally valid.
Native Land Rights and Northern Development
Authors: Cumming Peter A.
Published: December 2018

In this article, the author continues his discussion of the question of native rights previously dealt with in (1973) 11 Alta. L. Rev. 238. He first discusses court developments, in the field of native rights since May, 1972. He pays particular attention' to the Nishga Case, the James Bay Development Case, and the Caveat Case in the Northwest Territories. He points out the effect that these decisions on the question of native title will have on Canadian society and urges that legislative action be taken to solve the problem. In the second part of his paper, the author deals with what he considers to be the main issues to be considered in any native land claims settlement. With view to the rapid changes taking place in Northern Canada and their effect on native culture and society, he suggests the approach to be followed in land claims settlement. The settlement he stresses must both allow some native retention of land ownership while at the same time providing com pensation for lands taken and an opportunity for the natives to participate in the management of the "New North". He insists that compromise satis factory to both the interests of natives and non-natives is possible and sets forth proposal which, in his opinion, meets his criteria. Only through an approach resembling the suggested approach can the natives both preserve their culture and identity and at the same time integrate into the main stream of Canadian society.