Alberta Law Review
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In his recent article, "The No More Pipelines Act?," Andrew Leach analyzes whether and how the enactment of the Impact Assessment Act and the Canadian Energy Regulator Act will influence the approval of new pipelines in Canada. Leach argues that, while it is likely that no new pipelines will be approved, this is a result of issues already prevalent in Canada’s pipeline debates as opposed to a consequence of the new legislation. He concludes that the combined consideration of cumulative environmental effects, greenhouse gas emissions, the link between pipelines and oil sands growth, and recent changes to judicial review doctrine in Canada, will make it difficult for regulators and political decision-makers to justify approvals of new pipelines. Read the article here: https://albertalawreview.com/index.php/ALR/article/view/2662

In the latest issue of the Alberta Law Review, the Honourable Jean Côté and University of Alberta Faculty of Law Dean, Barbara Billingsley, honour the memory of the late Justice Stevenson. Justice Stevenson's legacy and effect on the community will never be forgotten. The Alberta Law Review would like to thank Justice Stevenson's family and Ottawa Wedding Photographer Paul Couvrette for granting us with permission to publish the photos in this article. Read it here: https://albertalawreview.com/index.php/ALR/article/view/2661.

Issue 59:1 of the Alberta Law Review has been published, featuring articles by Andrew Leach, Robert Hamilton, Howard Kislowicz, David V. Wright, Sarah Berger Richardson, Donald J. Netolitzky, Kristina Gerke, and Michelle De Haas. This issue includes articles on the impact of recently enacted legislation on future pipeline approvals in Canada (see: Leach), the impact of the Vavilov decision on the standard of review and duty to consult and accommodate Indigenous peoples (see: ...Hamilton & Kislowicz), the implications of the new federal Impact Assessment Act for Canadian energy projects (see: Wright), the regulation of production line speeds in Canadian meat and poultry processing facilities and their impact on worker safety and animal welfare (see: Richardson), the Canadian legal framework for addressing active cyber defence (see: Gerke), the issues with using economic models to deter white-collar crime in Canada (see: De Haas), and a study of self-represented litigants who filed leave to appeal applications to the Supreme Court of Canada in 2017 (see: Netolitzky). Additionally, this issue features an In Memoriam article dedicated to The Honourable W.A. Stevenson, authored by The Honourable Jean Côté and the Dean of the University of Alberta Faculty of Law, Barbara Billingsley. Read the full issue here: https://albertalawreview.com//albertalawrevi/index.php/ALR. See more

In his most recently published case comment, Hayden Cook explores the Charter's applicability on university campuses and the regulation of on-campus expression. Check it out at: https://albertalawreview.com/index.php/ALR/article/view/2658

In his most recently published case comment, Matt Malone discusses how data breaches can be conceptualized as breaches of confidence for wrongs in online relationships, focusing on Tucci v Peoples Trust Company.

In her most recent article, Elisa M Genuis recognizes the need for water conservation and, at the same time, proposes a regulatory framework that promotes innovation while still facilitating energy development. According to Genuis, the current legislative and regulatory frameworks were not designed to address or manage the risks that fracking poses to Alberta’s water scarcity, such as the removal of vast quantities of water from the hydrological cycle. Genuis argues that fracking and its water use in Alberta should be regulated differently so that Alberta can more effectively steward its freshwater resources while simultaneously strengthening Alberta’s energy industry. Read here at: https://www.albertalawreview.com/index.//article/view/2656

In his most recent article, Scott A. Carrière reviews co-operative federalism within Canadian legal history and jurisprudence. He argues that co-operative federalism has expanded to now comprise two distinct branches: "coordinative co-operation" and "conjunctive co-operation." Carrière distinguishes the branches, outlines the application of both branches, and attempts to place co-operative federalism within Canada’s constitutional doctrine. Read now at https://www.albertalawreview.com/index.//article/view/2655.

In his newest article, Donald J. Netolitzky analyses the self-represented litigants' success (or lack thereof) at the Supreme Court of Canada. This article reports the first statistical quantitative investigation of a Canadian SRL population. This article examines all of the SRL leave to appeal applications at the Supreme Court of Canada in 2017, categorizing them by party type, legal issue, and level of sophistication. No procedural obstacles were identified to SRL participation at the Supreme Court. Instead, the failure of SRLs in Supreme Court proceedings results from the substance of their filings.

In her newest article, Professor Stefanie Carsley explores the development of the Assisted Human Reproduction Act (AHRA). Through interviews with Canadian fertility lawyers, she argues that the AHRA may still leave some surrogates in a precarious financial position. While the associated regulations do help clarify legal reimbursements, they are unlikely to deter paid surrogacy and may lead to new confusion about what is permitted under the AHRA. https://www.albertalawreview.com/index.//article/view/2653 #law #legal #lawyers #lawyer #reproductiverights #reproductivejustice #surrogacy #familylaw

In her latest article published in Alberta Law Review, Dr. Elaine Craig confronts two problematic aspects of the assessment of the impact of the Ghomeshi Rules on the accused’s rights in sexual assault proceedings: hyperbolic assertions about the impact of notice to the complainant on the right to cross-examination and assumptions about the impact of disclosure to the complainant on the truth-seeking function of the trial. This analysis is done, in part, through a case study of the trail transcripts of R. v. Ghomeshi.

The Alberta Law Review is saddened by the passing of Justice William Stevenson. Justice Stevenson was a strong supporter and source of direction for all of us. We are honoured to be part of his legacy, and he will be missed.

Issue 58:4 of the Alberta Law Review has been published, including articles from Elaine Craig, Stefanie Carsley, Donald J. Netolitzky, Scott A. Carrière, and Elisa M. Genuis and case comments from Matt Malone and Hayden Cook. This issue includes articles on the admissibility criteria for private records in sexual assault proceedings (see: Craig), the regulation of reimbursements for surrogate mothers (see: Carsley), the outcomes of self-represented litigants at the Supreme Co...urt of Canada (see: Netolitzky), the normalization and application of co-operative federalism (see: Carrière), and the regulation of use of water in fracking processes in Alberta (see: Genuis). This issue also includes two case comments on data breaches as breaches of confidence for wrongs in online relationships (see: Malone) and on the applicability of the Charter to on-campus expression at universities (see: Cook). Find them all at https://www.albertalawreview.com/index.php/ALR. See more

The deadline Alberta Law Review's William Morrow Essay Contest is Friday, January 8, 2021! There are 3 categories and JD students at the University of Calgary, University of Alberta, or articling students in Alberta can apply!! Check out http://albertalawreview.com for more details. Essays written for law school classes are eligible!

Check out "At the Bridge: James Teit and An Anthropology of Belonging, Wendy Wickwire A Collective Review" by Mark Zion, Kate Plyley, Hester Lessard, Rebecca Johnson! Only in this edition of www.albertalawreview.com.

Friendly reminder today is the Alberta Law Review 1L Citation Workshop! Bring your memos & your questions and upper year ALR members will give you a hand with any and all citation queries. Drop in any time from 11:30-1:30 and 3:30 to 6:30 at this link: https://gather.town/app/nXutLiXJ04TvX2ex/ALRCitationWorkshop

Check out Protecting Parliamentary Sovereignty and Accountability in a Dualist Federation by Jesse Hartery! Only in this edition of www.albertalawreview.com.

Check out "Administrative 'Determinations of Law' and the Limits of Legal Pluralism after Vavilov by Edward Cottrill! Only in this edition of www.albertalawreview.com.

Check out "Ag-Gag Laws, Animal Rights Activism, and the Constitution: What is Protected Speech?" by Jodi Lazare! Only in this edition of www.albertalawreview.com.

Check out Rethinking the Instrumental Rationality Principles of Fundamental Justice by Colton Fehr! Only in this edition of www.albertalawreview.com.

Check out "The Complex Legacy of R. v. Cuerrier: HIV Nondisclosure Prosecutions and Their Impact on Sexual Assault Law" by Isabel Grant! Only in this edition of www.albertalawreview.com.

The ALR's William Morrow Essay Contest is now accepting submissions! 4 prizes are up for grabs for JD students at the U of C and U of A or articling students in Alberta. The deadline is Jan 8 2021. Check out http://albertalawreview.com for more details. Essays written for law school classes are eligible!

Check out The Judicial Diplomacy of the Supreme Court of Canada and its Impact: An Empirical Overview by Klodian Rado. Only in this edition of www.albertalawreview.com

Volume 58:1 of Alberta Law Review is now live! Check it out at http://albertalawreview.com.