Submitted by jwhamilt on Thu, 2012-02-09 14:01.
William A. Howard Lecture
David William Scott, O.C., Q.C., Co-Chairperson & Counsel of Borden Ladner Gervais LLP, delivered the William A. Howard Lecture on the topic of “Access to Justice in Contemporary Society” on February 9. His focus was on access to the effective resolution of civil disputes for low- and middle-income Canadians. The lecture included a discussion of the need to facilitate self-represented litigants and the use of LawHelpOntario as one model for doing so. The annual lecture is named in honour of William A. Howard, C.M., C.M.M., C.D., Q.C., who contributed to the founding of the Faculty of Law at the University of Calgary in 1976.
Submitted by jwhamilt on Tue, 2012-02-07 14:15.
Blackstone Medals Debate 2012: Final Results
On February 7, the team of Alastair MacKinnon and Waqas Iqbal took the affirmative side against the team of Lily Rabinovitch and Tim Stock-Bateman on the subject of ending the monopoly of the legal profession on the delivery of legal services. The judges were Richard Billington of Billington Barristers (Blackstone winner 1980-82), Susan Billington of the Law Society of Alberta (Blackstone winner 1983) and Dean Ian Holloway. The debate was followed by an Afternoon Tea Reception at which third year JD student, Jennifer Kwong, provided musical entertainment. The winners of the final debate were Tim Stock-Bateman and Lily Rabinovitch. The top oralist and winner of the Baker-Billington Cup was Alastair MacKinnon. See the UToday story here. See photos from the final here.
Submitted by jwhamilt on Mon, 2012-02-06 10:43.
Visiting Speaker and Film Presentations
Law Professor Øyvind Ravna of the University of Tromsø and Professor Nigel Bankes will lead a faculty discussion about their joint research project looking at the comparative law of indigenous title in Canada and in Nordic countries, especially Norway, over the noon hour on February 7. In a public event, Øyvind Ravna and his wife, Zoia Vylka, will be presenting two films about the Sámi and Nenets Peoples in room 4365MFH on February 7 at 4:00 pm. Reisen tilbake (The Way back) is about the Nenets (formerly Samoyed) history. Reindrift i kamp (Reindeer in War) is about military encroachment in Sámi reindeer husbandry lands in Norway.
Submitted by jwhamilt on Thu, 2012-02-02 10:22.
Professor Nickie Vlavianos is the Faculty recipient of the 2012 Borden Ladner Gervais LLP (BLG) Research Fellowship student ‘s assistance. Her winning project is titled “A Single Regulator for Energy Project Approvals? The Pros, the Cons, and Recommendations for Legislative Reform.” Since 2004, BLG has generously provided Summer Research Fellowships to students finishing first year in Canadian law schools, including at the University of Calgary. A BLG Summer Research Fellow provides research assistance for a faculty member whose cutting edge research project is chosen by a Faculty selection committee. The financial award is $12,000 for 16 weeks of student research assistance.
Submitted by jwhamilt on Tue, 2012-01-31 11:31.
Blackstone Medals Debate 2012: Semi-Finals
Four teams will be debating in the semi-finals of the Blackstone Medals Debates on Thursday, February 2. The upper year team of Lily Rabinovitch and Tim Stock-Bateman will debate the second year team of Alastair MacKinnon and Waqas Iqbal and the first year team of James Farrell and Jeff Major-Hansford will debate the upper year team of Josh Sealy-Harrington and Steve Spackman to determine the two teams that will advance to the final on February 7. They will debate: “Be it resolved that the Provincial Court of Alberta and the Court of Queen’s Bench be merged into a single trial court.” Semi-final judges are Professor Maureen Duffy, Professor Kathleen Mahoney and former Blackstone debate winner Stephen Morris (LLB 2009) of Stones Carbert Waite Wells LLP.
Submitted by jwhamilt on Fri, 2012-01-27 16:56.
Northern Gateway Pipeline Issues
Professor Nigel Bankes, Chair of Natural Resources Law, is quoted in "Questions raised over whether First Nations could stop Enbridge pipeline", an article in the January 27 edition of the Edmonton Journal. He comments on the status of the United Nations Declaration on the Rights of Indigenous Peoples and on the governments' duty to “consult” and “accommodate” First Nations on land-use decisions, as applied to the Haisla First Nation.
Submitted by jwhamilt on Thu, 2012-01-26 17:09.
Professor Greg Hagen is quoted in an article, “Copyright Confusion”, in the January 26 edition of the University of Calgary Gauntlet. The article is about student and instructor access -- or rather lack of access -- to copyrighted works and texts.
Submitted by jwhamilt on Wed, 2012-01-25 10:35.
Promotion News
Congratluations to Professor Michael Ilg on his promotion to the rank of Associate Professor, effective April 1, 2012! Promotion to the rank of Associate Professor requires evidence of teaching effectiveness, recognized research attainment, and a satisfactory record of service.
Submitted by jwhamilt on Tue, 2012-01-24 11:14.
In the News:
Professor Nigel Bankes is quoted extensively in "Feds take heat over oil pipeline", an article on the Northern Gateway pipeline on page 4 of the January 27 edition of The Lawyers Weekly.
Submitted by jwhamilt on Mon, 2012-01-23 19:22.
"Vulnerable Populations: Current Charter Challenges"
At the invitation of the National Judicial Institute, Professor Jennifer Koshan is presenting a lecture on "Vulnerable Populations: Current Charter Challenges" at the Court of Queen’s Bench of Alberta Education Seminar on January 25 in Calgary. The lecture will discuss trends under sections 7, 15 and 1 of the Charter in cases involving vulnerable individuals and groups, as well as issues related to standing.
Submitted by jwhamilt on Sun, 2012-01-22 15:02.
Canada-U.S. Fulbright Program
Professor Arlene Kwasniak is a member of the Adjudication Committee for the Canada-U.S. Fulbright Program. Committee members read and recommend applications for Fulbright awards and met in Ottawa on January 21 and 22 to recommend lists of scholar and student candidates for awards for the 2012-13 academic year. The Foundation for Educational Exchange between Canada and the United States of America (Fulbright Canada) is a bi-national, treaty-based, non-governmental, not-for-profit organization with a mandate to identify the best and brightest minds in both countries and engage them in residential academic exchanges.
Submitted by jwhamilt on Mon, 2012-01-16 16:36.
In the News
Alumna Cecilia Low (LLB 1990, LLM 2011) has been acclaimed as the Progressive Conservative candidate for the provincial riding of Calgary Mountain View.
Submitted by jwhamilt on Thu, 2012-01-12 13:07.
Conference Board of Canada Presentation
Professor Arlene Kwasniak made a presentation on January 13 before the Conference Board of Canada, Business Council for Sustainability, in Calgary at the Council's two day conference on Water Scarcity and Climate Change. Her presentation was on "Western legal and policy water management frameworks and rational water management – Shall the twain meet?"
Submitted by jwhamilt on Tue, 2012-01-10 19:59.
NAFTA Takings Publication
“NAFTA Takings Update – The Glamis Decision”, written by Professor Allan Ingelson (left), Lincoln Mitchell (LLM 2010) and Christine Viney (JD 2011) will be published in (2012) 5:1 Journal of World Energy Law and Business in February. This article is an update to "The Glamis Regulatory Takings Claim and Compensation Under NAFTA" (2009) 2:1 Journal of World Energy Law and Business, written by Allan Ingelson and Lincoln Mitchell. Lincoln Mitchell is currently an associate in the Calgary office of Norton Rose and Christine Viney is currently articling with the Provincial Court of Alberta.
Submitted by jwhamilt on Sat, 2012-01-07 11:55.
In the News
Professor Kathleen Mahoney is quoted in a January 6 article in the Edmonton Journal entitled “Enoch chief says reserve’s eviction bylaw works”. The article focuses on the Samson Cree referendum on a bylaw giving council the right to evict members from the community. Professor Mahoney commented on the jurisdiction of First Nations to pass bylaws with criminal code implications.
Submitted by jwhamilt on Wed, 2012-01-04 14:31.
JD Student Publication News
"Customary international law and the Declaration on the Rights of Indigenous Peoples", an article based on a paper written for Law 549: International Law by Sarah Nykolaishen (JD 2012), has been accepted for publication in (2012) 17 APPEAL: Review Of Current Law and Law Reform. APPEAL is a student-run journal published through the University of Victoria’s Faculty of Law and it features student legal writing from across Canada.
Submitted by jwhamilt on Tue, 2012-01-03 10:45.
Graduate Student Research Funding Award
LLM student, Dave Poulton, has been awarded funding by the Sustainable Prosperity Research and Policy Network for his project entitled “Legal Requirements of Diverse Offset Programs: Lessons from Three Case Studies.” The SP Network funds research projects on market-based approaches to environmental protection and economic sustainability. For stories of more recent graduate student research accomplishments, please see our Graduate Student Research page.
Submitted by jwhamilt on Tue, 2012-01-03 10:41.
Human Rights Issues in Tahiti
Professor Kathleen Mahoney recently returned from three weeks in Tahiti on a mission as the guest of the President of the country, meeting with Cabinet and other government officials about issues of self determination, independence from French colonial rule, and human rights education. The President indicated an interest in possible academic and student exchanges with Canadian universities, as well as with sustainable development matters and environmental concerns.
Submitted by jwhamilt on Mon, 2012-01-02 12:36.
Congratulations are in order for a number of our alumni, adjunct and sessional instructors who were appointed “Her Majesty's Counsel, learned in the law, for the Province of Alberta” by Order-in-Council dated December 30, 2011. Among those receiving 2011 Q.C. appointments are Adjunct Professor Willian Edward Brett Code (left) (Evidence), alum and sessional instructor Michael Andrew Edward Greene (Immigration and Refugee Law; Class of 1982) and alumni Robert Joseph Batting (LLB 1980), Jacqueline Rachel Halpern (LLB 1990), Robert James Hawkes (LLB 1993), Dale Edward Johns (LLB 1981), Walter Willi Kubitz (LLB 1987), William David McFetridge (LLB 1981), Craig David Rose (LLB 1994), Anita Barbara Szabo (LLB 1982), and Donna Cheryl Purcell (LLB 1988).
Submitted by jwhamilt on Wed, 2011-12-21 09:25.
Environmental Law Clinic acts in Court of Appeal intervention
During the Fall 2011 semester, the Faculty's Environmental Law Clinic (Law 696) was retained by the Alberta Surface Rights Group to represent that group in its application to the Alberta Court of Appeal for intervener status in an appeal to be heard in early January 2012. The issues concern eligibility for costs awards to cover expenses to participate in Alberta Energy Resources Conservation Board proceedings under the Energy Resources Conservation Act. See Kelly v Alberta (Energy Resources Conservation Board), 2011 ABCA 19 and earlier ABlawg commentary on these issues. Three JD students — Megan Stoker, Sarah Nykolaishen, and Monica Fras — under the supervision of Professor Shaun Fluker obtained leave to intervene on behalf of the group and assisted it in preparing and filing its written factum.
Submitted by jwhamilt on Tue, 2011-12-20 10:47.
Developments in Contract and Tort Law: The 2010-2011 Term
Professors Nicholas Rafferty and Iwan Saunders (left) recently published their article on “Developments in Contract and Tort Law: The 2010-2011 Term” in (2011) 55 Supreme Court Law Review (2d) 163-208. They consider two contract cases: Seidel v. Telus Communications Inc., which dealt with the enforceability of arbitration clauses in consumer contracts, and Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation and Highways), where the Court devised a new framework for tackling the applicability of contractual exclusion clauses. They also analyze two tort cases, both from Quebec but with significant implications for common law Canada. de Montigny v. Brossard (Succession) dealt with the award of punitive damages in actions by and against estates, while Bou Malhab v. Diffusion Metromedia CMR Inc. decided whether all plaintiffs a class action for group defamation had to prove damageas a result of the defamation.
Submitted by jwhamilt on Mon, 2011-12-19 10:06.
Pollution Control and Waste Management Law
In 2011, Professor Nickie Vlavianos prepared materials for a new course in Pollution Control and Waste Management Law (PCWML) through a generous grant from the Rocky Mountain Mineral Law Foundation Grants Program. The grant enabled her to hire third year student, Megan Stoker, to help research and create the materials. Those materials begin with issues such as what is “pollution”? What is “waste”? How have they thus far been “controlled” and “managed”? What are the alternative approaches? They then focus on a number of specific topic areas, primarily Canadian, but some involving international law, e.g., Confronting the World’s Ocean Garbage Patches.
Submitted by jwhamilt on Fri, 2011-12-16 12:35.
The House of Commons Standing Committee on the Status of Women has just released its December 2011 Report on "Ending Violence Against Aboriginal Women and Girls: Empowerment - A New Beginning." Professor Jennifer Koshan appeared before the Standing Committee in January 2011 and her evidence on the need for accurate data and the need for more mental health and emotional support services for former residential school students and their families is cited in the Report..
Submitted by jwhamilt on Thu, 2011-12-15 11:48.
Presentations in Japan, Hungary and Kazakhstan
Professor Catherine Brown has just returned from a two-month sabbatical trip to Japan, Eastern Europe and Central Asia. In Tokyo, she spoke at the 19th Tax Conference on International Model Tax Treaties for Central, West and East Asian Countries, organized by the Japanese Ministry of Finance and the Asian Development Bank, on the subject of “Permanent Establishments and the Mining Industry.” While in Hungary she delivered a lecture at Corvinus University in Budapest on the subject of international taxation and the Canadian tax system. At the Central Asian Tax Research Center (CATRC) at the School of Law at the Kazakhstan Institute of Management, Economics and Strategic Research in Almaty she delivered a lecture on Canadian tax policy and spoke at a Colloquium on permanent establishments in Canada. Professor Brown has accepted an invitation to serve as a Research Fellow at the CATRC Institute.
Submitted by jwhamilt on Wed, 2011-12-14 09:59.
Commenting on Canada’s Withdrawal from the Kyoto Protocol
Two of the Faculty of Law’s leading scholars in the area of natural resources, energy and environmental law are quoted in news stories about Canada’s recent withdrawal from the Kyoto Protocol. Professor Nigel Bankes (left), the Chair of Natural Resources Law, is quoted in a December 14 piece in Le Devoir, “Kyoto: des «cibles stupides», selon Harper.” His comments are a follow-up to a CBC interview, available as a podcast on "Canada and Kyoto” and his ABlawg post, "Why Canada should not withdraw from the Kyoto Protocol". A School of Public Policy paper by Professor Al Lucas and graduate Jenette Yearsley, entitled “The Constitutionality of Federal Climate Change Legislation,” is featured in an AM 770 CHQR piece on “University paper looks into federal responsibility on climate change” and in the Calgary Sun article, "Prof says Ottawa has no power over greenhouse emissions."
Submitted by jwhamilt on Tue, 2011-12-13 11:01.
The December 13 edition of UToday features a story, "Awards and Accolades", on the Faculty of Law's annual donor reception, held this year for the first time at the University of Calgary's Downtown Campus. In addition to welcoming remarks by U of C President, Elizabeth Cannon (below), Dean Ian Holloway announced the recipients of two of the law school’s most important awards. Molly Naber-Sykes, Adjunct Professor, received the W.K. Moore Award which recognizes outstanding commitment and contributions to the law school. Arlene Kwasniak, Professor and Associate Dean (Research)/Graduate Program Director was presented with the Howard Tidswell Memorial Award for Teaching Excellence.
Submitted by jwhamilt on Wed, 2011-12-07 11:39.
Alumnus named one of Lexpert’s 2011 "Rising Stars – Leading Lawyers Under 40"
Brian Thiessen (LLB 1997) was named one of Lexpert’s 2011 "Rising Stars: Leading Lawyers Under 40” at the 6th Annual Gala dinner in Toronto on November 30. Those honoured are rated on criteria that include deals, cases, community or professional involvement, contribution to firm profitability, adaptability to change and team player qualities.
Submitted by jwhamilt on Tue, 2011-12-06 17:09.
The Honourable Shannon Smallwood was appointed a judge of the Supreme Court of the Northwest Territories (Yellowknife) on December 2nd. Shannon Smallwood received her LLB from the University of Calgary in 1999. She articled with the Alberta Court of Appeal and Court of Queen's Bench in Calgary and the Department of Justice Canada. Since 2000, she has worked as a Crown Prosecutor with the Public Prosecution Service of Canada in Yellowknife. She is a Sahtu Dene originally from the Northwest Territories.
Submitted by jwhamilt on Tue, 2011-12-06 09:15.
In the News: Northern Gateway Project
Professor Nigel Bankes is quoted in a December 2nd Wall Street Journal article, "Enbridge Says Gitxsan Tribe Near Kitimat To Support B.C. Oil Pipeline," and in a December 4th Vancouver Sun piece, "Enbridge unswayed by Gitxsan controversy". In both articles, Professor Bankes discusses the issue of consent in the context of the government's duty to consult with the First Nations along the proposed Northern Gateway Project route.
Submitted by jwhamilt on Sun, 2011-12-04 20:31.
The federal government has introduced sector-by-sector regulations in an effort to address emissions related to climate change. Does Ottawa have jurisdiction over climate change laws? Or does the right to set environmental regulation sit with the provinces? Professor Alastair Lucas (left) and Jack Mintz, the Director of the School of Public Policy and the James S. and Barbara A. Palmer Chair in Public Policy, answered these questions at a press conference on December 6. Professor Lucas discussed the findings of his latest study, co-authored with alum Jenette Yearsley and produced for the School of Public Policy, which draws the lines of federal and provincial jurisdictions when it comes to climate change law. See also "Law of the greenhouse", their comment in the December 7 Financial Post and the December 6 story in the Calgary Sun, "Prof says Ottawa has no power over greenhouse emissions."
Submitted by jwhamilt on Sat, 2011-12-03 09:43.
Faculty of Law LLM or PHD with an EES Specialization
Faculty Council recently confirmed the Faculty of Law’s affiliation with the Institute for Sustainable Energy, Environment and Economy (ISEEE) Energy Environmental Systems (EES) Specialization. A Faculty of Law research-based LLM or special case PHD student may apply to the ISEEE EES Specialization program to supplement their Law graduate degree. The EES Specialization “is designed to go beyond disciplinary graduate programs by expanding the skill set of graduate students to encompass the interdisciplinary linkages between the applied, natural, physical, social, and behavioural sciences. Likewise, the EES Specialization exposes graduate students to ideas and concepts from the business, and policy worlds that are vitally important for implementing effective energy and environmental solutions.” For more information, visit the Faculty of Law Graduate Studies and ISEEE EES websites. The Faculty of Law is currently accepting applications for September 2012.
Submitted by jwhamilt on Mon, 2011-11-28 16:14.
The December 2, 2011 edition of the Lawyers’ Weekly includes an article, “Are Grads Prepared to Confront Real World?” in which Dean Ian Holloway, Q.C., is quoted extensively. Among other points that Dean Holloway makes, he notes that “we don’t spend much time at law school thinking about what kind of legal services people need now and 20 years down the road when our society is going to get older and more ethnically and culturally diverse. That should determine at least partly what we’re doing in law school.”
Submitted by jwhamilt on Mon, 2011-11-28 13:31.
Protecting Instream Flow Requirements
Professor Nigel Bankes' article on “Basin Closing Orders and Crown Reservations as Tools to Protect Instream Flow Requirements” has just been published in the current issue of the Journal of Environmental Law and Practice: (2011) 21 JELP 17–67. The article examines the use of basin closing orders and Crown reservations as two different but related means of establishing in-stream flows to protect aquatic ecosystem health. Adopting a comparative approach, the article analyzes the use of these two related tools in Alberta, British Columbia and Montana. Funding for Professor Bankes' research on this topic was provided by Alberta Ingenuity.
Submitted by jwhamilt on Fri, 2011-11-25 14:38.
Canadian Energy Law Foundation Graduate Scholarship in Law
The Canadian Energy Law Foundation (CELF) has awarded thesis-based LLM student Salimah Janmohamed a $10,000 Graduate Scholarship in Law. The CELF is an organization comprised of legal practitioners who focus on the Canadian energy industry. The organization invites universities across Canada to designate one candidate from their LLM Program for a scholarship. Designated candidates are assessed on the basis of thesis topics of interest to energy lawyers or candidate's potential to make a significant contribution to Canadian energy legal practice. Salimah’s thesis research concerns voluntary carbon markets and their regulation. Salimah, who has an LLB (2004) and a B. Comm. (with distinction) from the University of Calgary, worked for the University of Calgary/OLADE Project in the Energy and Environment before law school and articled and practiced with Macleod Dixon after law school.
Submitted by jwhamilt on Thu, 2011-11-24 10:47.
Molly Naber-Sykes receives 2011 W.K. Moore Award
Adjunct Associate Professor Molly Naber-Sykes was awarded the W.K. Moore Award for her outstanding commitment and contribution to the U of C Faculty of Law at the Faculty’s annual reception at the Event Centre, Downtown Campus on November 23. The litigator, teacher, writer, parent and volunteer is the coordinator of the annual intensive advocacy course offered to law students as Dispute Resolution III and to the profession through the Legal Education Society of Alberta. Congratulations Molly!
Submitted by jwhamilt on Fri, 2011-11-18 13:48.
2011 Law Society of Alberta Bencher Election Results
Adjunct professors W. E. Brett Code and Gillian Marriott, Q.C. (right) were elected Benchers in results announced by the Law Society of Alberta on November 16. Alumni Anne L. Kirker (LLB 1991) and Anthony G. Young (LLB 1983) were also elected to three year terms.
Submitted by jwhamilt on Thu, 2011-11-17 10:20.
Publication News
"NAFTA, the Mining Law of 1872, and Environmental Protection”, co-authored by Professor Allan Ingelson and LLM graduate Lincoln Mitchell, has just been published in (2011) 51:2 Natural Resources Journal 261-286. The article explores the regulatory takings challenge brought by Glamis Gold, Ltd., a Canadian mining company, under NAFTA. The article is currently available for downloading from the Journal here.
Submitted by jwhamilt on Wed, 2011-11-16 12:28.
Arctic Human Development Report II
Several years ago Professor Nigel Bankes served as the lead author of the “Legal Systems” chapter of the Arctic Human Development Report (AHDR) of the Arctic Council. The Arctic Council has recently decided to commission a second edition of the AHDR. In this new edition, due in 2013, Professor Bankes will serve as the co-lead author of the legal systems chapter, along with Professor Timo Koivurova of the Arctic Centre at the University of Lapland, Rovaniemi, Finland. The Arctic Council is a high-level intergovernmental forum of the eight Arctic States designed to provide a means for promoting cooperation, coordination and interaction among those States, with the involvement of the Arctic Indigenous communities and other Arctic inhabitants on common Arctic issues and, in particular, issues of sustainable development and environmental protection in the Arctic.
Submitted by jwhamilt on Tue, 2011-11-15 13:41.
Overview of the Canadian Oil Sands and the Keystone XL Pipeline
Professor Alastair Lucas participated in a conference on “Canadian Oil Sands, the Keystone XL Pipeline, and North American Energy Security” hosted by the Energy Management and Policy Group at the University of Houston on November 11. He and Sean McMaster (TransCanada Corporation General Counsel) provided an “Overview of the Canadian Oil Sands and the Keystone XL Pipeline.” As part of the Conference, five groups of 4-5 students assessed the proposed pipeline, taking environmental impact, economic benefits and US energy security into account, and presented their conclusions to a panel that included Professor Lucas. Four of five student groups recommended approval of the pipeline.
Submitted by jwhamilt on Mon, 2011-11-14 14:04.
Available Positions
The Faculty of Law at the University of Calgary is seeking to make two tenure-track appointments: one at the Assistant Professor level in the area of Energy, Environmental and Natural Resources Law, and a mid-career appointment at the Associate or Full Professor level in the area of Business Law. For further information, see UofC Careers Job ID 1593 or here.
Submitted by jwhamilt on Tue, 2011-11-08 12:03.
House of Commons Standing Committee Appearance
The House of Commons Standing Committee on Environment and Sustainable Development has invited Professor Arlene Kwasniak to appear as a witness with respect to the Standing Committee’s review of the Canadian Environmental Assessment Act, SC 1992 c 37 (CEAA). Professor Kwasniak will appear before the Standing Committee in Ottawa on November 15. The review is taking place pursuant to a statutory requirement that a Parliamentary committee undertake a comprehensive review of the CEAA within 7 years of amendments made in 2003.
Submitted by jwhamilt on Mon, 2011-11-07 12:05.
Law Admission Team at University Open House
Our Admissions team -- Karen Argento (right), Brenda Tschanz and Eunice Wong -- represented the Faculty of Law on Saturday, November 5 at the University Open House which took place at MacEwan Hall. They were assisted by five student volunteers: Dominic Puglia, Michael Robinson, Joshua Dial, Megan Stokerand Karley Scott-Rosowsky. The team answered questions from high school students and undergraduate university students interested in attending law school in the future.