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Volume 50 Number 1

13 articles in this issue 

Sarah Nykolaishen, Nigel Bankes

This article tells the story of how Calgary Power acquired a legal licence to divert and store water in the Spray Lakes Reservoir, how multiple legal instruments, including the National Parks Act, Alberta’s Water Resources Act, and the Natural Resources T... see more

Pags. 1 - 36  

Barbara von Tigerstrom

This article examines the potential use of taxes to increase the price of sugar-sweetened beverages in an attempt to curb consumption, improve public health, and generate revenue that can be used to support other public health initiatives. In doing so, it... see more

Pags. 37 - 64  

Denis Roy

Actions of the Government of Canada and the governments of Nova Scotia and Newfoundland and Labrador, such as interprovincial delimitation of the continental shelf, exclusive exploitation of continental shelf resources, and exclusion of all or part of the... see more

Pags. 65 - 94  

Shaun Fluker, Jocelyn Stacey

This article examines Alberta’s Wildlife Act and the federal Species at Risk Act (SARA) to assess the legal protection of endangered species in Alberta. Most of the discussion relates to provisions contained in SARA, as there is comparatively less to disc... see more

Pags. 95 - 114  

Doug Surtees

This article attempts to evaluate the success of guardianship law reform in Saskatchewan through a study of 446 guardianship applications made since the 2001 enactment of The Adult Guardianship and Co-decision-making Act. It begins by providing a brief hi... see more

Pags. 115 - 128  

Marshall Haughey

Despite centuries of the common law more or less recognizing the distinction between actual and presumed undue influence, recent cases from the House of Lords and Supreme Court of Canada indicate a failure to appreciate the true nature of presumed undue i... see more

Pags. 129 - 156  

Lewis N. Klar, Q.C.

Since 2001, it has become very difficult for claimants to successfully sue public authorities for their negligent conduct, particularly in relation to their regulatory functions. This primarily has been due to the refined duty of care formula established ... see more

Pags. 157 - 170  

Barbara Billingsley

A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did no... see more

Pags. 171 - 186  

Nicholas Rafferty

Laasch v. Turenne raised important questions about the available options for the enforcement of foreign judgments in Alberta and emphasized the need for foreign judgment creditors to act very quickly indeed to secure such enforcement. Nathan Laasch was ju... see more

Pags. 187 - 194  

Cameron Ward

On 30 September 2011, the Supreme Court of Canada rendered a judgment that granted a new lease on life to Vancouver’s Insite, North America’s first, and still only, supervised safe drug injection facility. The unanimous decision on important issues of con... see more

Pags. 195 - 204  

Iris Fischer, Adam Lazier

After paying little attention to defamation law for decades, in the last few years the Supreme Court of Canada has begun to reshape the field. In what has been described as the “constitutionalization” of defamation law, the Court has recently recognized t... see more

Pags. 205 - 218  

The Honourable John D. Reilly

I write this review at the request of the Alberta Law Review. I assume they asked me for a couple of reasons. First, I sat as a judge for over thirty years, presiding over most of the cases arising on the Stoney Indian Reserve at Morley, Alberta. Second, ... see more

Pags. 219 - 224  

A. D. Hathaway

In The Real Dope: Social, Legal, and Historical Perspectives on the Regulation of Drugs in Canada, Edgar-Andre? Montigny brings together a broad range of recent writing on a wide variety of drugs. The collection is well worth reading for the insights it p... see more

Pags. 225 - 228