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Simplification or Semantics? Evaluating Vavilov's Impact on Standard of Review 简化还是语义？评价瓦维洛夫对审查标准的影响
ALBERTA LAW REVIEW Pub Date : 2025-10-04 DOI: 10.29173/alr2841
Paul A Warchuk
{"title":"Simplification or Semantics? Evaluating Vavilov's Impact on Standard of Review","authors":"Paul A Warchuk","doi":"10.29173/alr2841","DOIUrl":"https://doi.org/10.29173/alr2841","url":null,"abstract":"The Supreme Court of Canada’s pivotal decision in Canada (Minister of Citizenship and Immigration) v. Vavilov introduced a categorical approach to standard of review analysis, aiming to simplify the existing framework. This article traces the evolution of standard of review analysis and outlines previous empirical studies that examine Vavilov’s effect on this analysis. The article describes a new empirical study that employs a current large language model to measure various variables pertaining to Federal Court and Federal Court of Appeal decisions, such as length of standard of review analysis and party agreement on standard of review. The findings confirm that Vavilov has simplified the standard of review analysis, but perhaps that this simplification may have resulted from an evolving approach that began in the years preceding Vavilov.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2025-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://albertalawreview.com/index.php/ALR/article/download/2841/2788","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147904042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Selecting a Standard of Review: What Does This Entail Post-Vavilov? 选择评价标准：后瓦维洛夫时代需要做些什么？
ALBERTA LAW REVIEW Pub Date : 2025-10-04 DOI: 10.29173/alr2840
Mary Liston
{"title":"Selecting a Standard of Review: What Does This Entail Post-Vavilov?","authors":"Mary Liston","doi":"10.29173/alr2840","DOIUrl":"https://doi.org/10.29173/alr2840","url":null,"abstract":"Considerable scholarly and judicial attention has been devoted to the selection of the standard of review in Canadian administrative law. Through generational analysis of the developments and challenges in administrative law, and a comparison of the different standards of review, the article examines the place of Canada (Minister of Citizenship and Immigration) v. Vavilov in the jurisprudential landscape. The article suggests that Vavilov now serves as the new Baker v. Canada (Minister of Citizenship and Immigration), providing practical guidance and a stable framework by simplifying the selection of the standard of review process but requires further refinement by attending to transparency and justification regarding the reweighing of factors and the use of Charter values. Ultimately, this article proposes that Baker and Vavilov together could inform the next generational shift in administrative law: the formal recognition of a general duty to provide reasons.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2025-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://albertalawreview.com/index.php/ALR/article/download/2840/2787","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147895177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Dignity in Death: A Comparative Account of the United States, Canada, and the Netherlands 《死亡的尊严：美国、加拿大和荷兰的比较》
ALBERTA LAW REVIEW Pub Date : 2025-06-23 DOI: 10.29173/alr2838
Isaac Wright
{"title":"Dignity in Death: A Comparative Account of the United States, Canada, and the Netherlands","authors":"Isaac Wright","doi":"10.29173/alr2838","DOIUrl":"https://doi.org/10.29173/alr2838","url":null,"abstract":"Dignity is held up by many countries as a foundational legal norm. But nations which share this norm apply it in contradictory ways. This article explores how the United States, Canada, and the Netherlands have constructed and expressed different conceptions of dignity in the context of medical assistance in dying. At a structural level, differing conceptions of dignity are reflected in unique approaches to constitutional interpretation and federalism in each jurisdiction. Further, each jurisdiction has different sets of actors who express and advocate for their own conceptions of dignity and have played different roles in the development of MAID policy. Differing conceptions of dignity are also reflected in the religion, public opinion, and political history of each jurisdiction. The seemingly incoherent approaches to dignity across jurisdictions are reflective of constitutional structures and actors, which contribute to internally consistent — albeit contested — conceptions of dignity.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":"1001-1031"},"PeriodicalIF":0.0,"publicationDate":"2025-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://albertalawreview.com/index.php/ALR/article/download/2838/2782","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147904880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Unearthing the “Established Citizen”: International Students’ Inaccess to Justice from Housing to Study Permits 发掘“已确立的公民”：国际学生从住房到学习许可都无法获得司法公正
ALBERTA LAW REVIEW Pub Date : 2025-03-29 DOI: 10.29173/alr2824
Zachary Jericho Couture
{"title":"Unearthing the “Established Citizen”: International Students’ Inaccess to Justice from Housing to Study Permits","authors":"Zachary Jericho Couture","doi":"10.29173/alr2824","DOIUrl":"https://doi.org/10.29173/alr2824","url":null,"abstract":"This article outlines the liminal status of international students in Canada, which stems from their characterization as perpetual outsiders, or “others.” This othering, caused by the intersection of Canadian law and policies, has led to greater vulnerability of international students. Canadian law serves to protect a specific beneficiary — the “established citizen” class — which results in a lack of access to justice for racialized and vulnerable groups, including international students. Historical examples include housing initiatives displacing Black tenants and the gentrification of Vancouver’s Chinatown, where the interests of residents were overlooked in favour of serving the “established citizenry.” International students, having been villainized as “others” responsible for the housing crisis, are unfairly viewed as a foreign threat to the interests of the “true Canadian.”","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":"755-755"},"PeriodicalIF":0.0,"publicationDate":"2025-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://albertalawreview.com/index.php/ALR/article/download/2824/2771","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147897287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Principles of Kyoto and Emissions Trading Systems: A Primer for Energy Lawyers 《京都议定书原则与排放交易体系:能源律师入门》
IF 0.5
ALBERTA LAW REVIEW Pub Date : 2020-12-08 DOI: 10.29173/ALR488
B. Evans
{"title":"Principles of Kyoto and Emissions Trading Systems: A Primer for Energy Lawyers","authors":"B. Evans","doi":"10.29173/ALR488","DOIUrl":"https://doi.org/10.29173/ALR488","url":null,"abstract":"The Kyoto Protocol defines new emissions standards to be met by the international community in respect of greenhouse gases, the aim of which is to curb the present trend of adverse climate change. The specific responses of ratifying governments to bring about the desired changes will significantly impact citizenry and industry alike.\u0000 \u0000This article addresses the issues surrounding emissions trading systems as market-based policy instruments that may ultimately contribute to Canada s legislative response to the Kyoto standards. Central to this question is the need to familiarize legal practitioners with the implications of climate change and the range of policy responses available to government in the context of emissions trading systems. The author examines responses open to the governments of Canada and Alberta through a review of the international reaction to climate change, the role of emissions trading in environmental regulation generally and the anticipated use of emissions trading to comply with the Kyoto Protocol in the future. The author presents an in-depth analysis of the principles underlying the design of domestic emissions trading systems, of the legislative authority surrounding their implementation and of the need for affected businesses to strategically plan for ensuing changes. The author concludes that while Canada has not yet adopted a policy on domestic emissions trading systems in respect of the Kyoto Protocol, the potential impact of emission standards on domestic sources is pronounced, meriting an inspection of the design features that may form a pan of such trading schemes.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"42 1","pages":"167"},"PeriodicalIF":0.5,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43027171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Rights, Duties and Obligations of Counter-Parties following Default under Derivative Contracts 衍生合约违约后交易对手的权利、责任和义务
IF 0.5
ALBERTA LAW REVIEW Pub Date : 2020-12-08 DOI: 10.29173/ALR487
Seán Collins
{"title":"Rights, Duties and Obligations of Counter-Parties following Default under Derivative Contracts","authors":"Seán Collins","doi":"10.29173/ALR487","DOIUrl":"https://doi.org/10.29173/ALR487","url":null,"abstract":"The article discusses the use of derivative contracts as a risk-management tool and the results of terminating such contracts, including: termination under conditions of insolvency and non-insolvency of a counter party; the use of collateral security to mitigate the risks of contractual obligations that might terminate prematurely; the duty to negotiate in good faith; notice requirements for termination of a derivative contract; and damages/penalties that arise when a contract is terminated prior to completion.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"42 1","pages":"153"},"PeriodicalIF":0.5,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48794350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Fundamental Aspects of Oil and Gas Revisited 石油和天然气的基本方面重新审视
IF 0.5
ALBERTA LAW REVIEW Pub Date : 2020-12-08 DOI: 10.29173/ALR485
D. Greenfield, J. Todesco
{"title":"Fundamental Aspects of Oil and Gas Revisited","authors":"D. Greenfield, J. Todesco","doi":"10.29173/ALR485","DOIUrl":"https://doi.org/10.29173/ALR485","url":null,"abstract":"The authors review certain fundamental principles of Canadian oil and gas law, concentrating on three main areas: basic principles of ownership and operation in the oil and gas industry: aspects of oil and gas agreements: and international petroleum agreements. In discussing each of these subjects, the authors consider issues of significance to practitioners of oil and gas law.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"42 1","pages":"75"},"PeriodicalIF":0.5,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43105049","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Consultation with Aboriginal Peoples: Impacts on the Petroleum Industry 与原住民协商：对石油工业的影响
IF 0.5
ALBERTA LAW REVIEW Pub Date : 2020-12-08 DOI: 10.29173/ALR484
Tony Fogarassy, KayLynn G. Litton
{"title":"Consultation with Aboriginal Peoples: Impacts on the Petroleum Industry","authors":"Tony Fogarassy, KayLynn G. Litton","doi":"10.29173/ALR484","DOIUrl":"https://doi.org/10.29173/ALR484","url":null,"abstract":"The duties of consultation and accommodation with Aboriginal peoples affected by resource development were, until 2002, primarily the responsibility of the Crown. The British Columbia Court of Appeal, in two related decisions involving the Haida Nation on the one hand and the Crown and Weyerhaeuser Company Limited on the other, has placed these duties squarely on to the shoulders of industry. Where the Crown fails to discharge its duties of consultation and accommodation, resource tenures such as permits, licenses or leases may be invalid and activity conducted pursuant to the tenures may result in damages awarded against industry in favour of affected Aboriginal peoples. Appeals from both decisions will be heard by the Supreme Court of Canada. In the meantime, the law on industry’s duty to consult and to accommodate Aboriginal peoples continues to lack certainty.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45425731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Canadian Challenges in Implementing the Kyoto Protocol: A Cause for Harmonization 加拿大在执行《京都议定书》方面面临的挑战：协调的原因
IF 0.5
ALBERTA LAW REVIEW Pub Date : 2020-12-08 DOI: 10.29173/ALR489
Elizabeth DeMarco, Robert Routliffe, H. Landymore
{"title":"Canadian Challenges in Implementing the Kyoto Protocol: A Cause for Harmonization","authors":"Elizabeth DeMarco, Robert Routliffe, H. Landymore","doi":"10.29173/ALR489","DOIUrl":"https://doi.org/10.29173/ALR489","url":null,"abstract":"On 17 December 2002, Canada ratified the Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol), taking on binding targets to reduce Canadian emissions of greenhouse gases (GHGs). Canada's ratification decision and the proposed domestic emissions trading system forming part of Canada's Kyoto implementation plan continue to be the source of considerable disagreement and conflict between the provinces and thefederal government regarding: the practical challenges associated with multiple Canadian jurisdictions implementing emissions trading systems: the current status and legal issues associated with covenants between industry and government(s) to enforce GHG reduction targets; the legal jurisdiction over domestic emissions trading system(s); and the impact on interprovincial and international trade. Each ofthese issues is examined in the unique Canadian legal context. The authors conclude that many ofthe most significant challenges may be mitigated through harmonization and coordination byfederal and provincial governments in a manner that allows for local concerns to be addressed without fragmenting the Canadian emissions markets.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41445577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Coalbed Methane: Conventional Rules for an Unconventional Resource 煤层气:非常规资源的常规规则
IF 0.5
ALBERTA LAW REVIEW Pub Date : 2020-12-08 DOI: 10.29173/ALR483
J. Buckingham, P. Steele
{"title":"Coalbed Methane: Conventional Rules for an Unconventional Resource","authors":"J. Buckingham, P. Steele","doi":"10.29173/ALR483","DOIUrl":"https://doi.org/10.29173/ALR483","url":null,"abstract":"Considering the evolution of coalbed methane development In North America, the authors highlight the risks involved at various stages of development. To manage these risks and potentially increase the chance of successful projects, the authors offer suggestions for adapting leases and agreements typically used in the oil and gas industry to reflect the uniqueness of coalbed methane development. The authors also suggest amendments to Alberta's current legislation affecting Crownlands. The authors acknowledge that the issues that arise in the coalbed methane context will change over time as projects are carried out, the industry matures and the legal and regulatory frameworks governing coalbed methane evolve. In providing possible solutions to the current situation, consideration is given to common law principles of ownership of coalbed methane, legislation affecting Crown and freeholdlands, typical freeholdleases, joint ventures and operating agreements and environmental concerns surrounding coalbed methane development.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"42 1","pages":"1"},"PeriodicalIF":0.5,"publicationDate":"2020-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43552634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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