ALBERTA LAW REVIEW最新文献_第10页

The Shopkeeper’s Privilege and Canadian Tort Law 店主特权与加拿大侵权行为法

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2496

M. Mcinnes, A. Simpson

引用次数: 0

An Ethical-Legal Analysis of Medical Assistance in Dying for Those with Mental Illness 精神疾病患者死亡医疗救助的伦理-法律分析

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2500

R. Tanner

引用次数: 6

Consent Searches for Electronic Text Communications: Escaping the Zero-Sum Trap 电子文本通信的同意搜索：摆脱零和陷阱

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2494

S. Penney

{"title":"Consent Searches for Electronic Text Communications: Escaping the Zero-Sum Trap","authors":"S. Penney","doi":"10.29173/ALR2494","DOIUrl":"https://doi.org/10.29173/ALR2494","url":null,"abstract":"In R. v. Marakah, a majority of the Supreme Court of Canada decided that senders of electronic text communications maintain a reasonable expectation of privacy over their messages even after they are copied to recipients’ devices. The dissenters argued, in contrast, that any such expectation is objectively unreasonable given senders’ inability to control the messages after delivery. The Supreme Court did not settle the question, however, of whether this expectation can be defeated by a recipient’s voluntary decision to allow police to search his or her own device. Indeed, each side intimated that such a consent would be difficult, if not impossible, to obtain.This article argues, nonetheless, that courts can and should use consent doctrine to avoid the “zero-sum” model of section 8 adjudication that characterizes the majority and dissenting reasons in Marakah. Properly interpreted, that doctrine preserves Marakah’s core holding — that senders do not reasonably expect unfettered state access to their received text communications — while also giving effect to recipients’ autonomous decisions to assist police.However, as with oral communications, a recipient’s consent to disclose a sender’s text communications to police should only defeat the sender’s expectation of privacy over preexisting messages. Contrary to several lower court decisions, this article argues that the acquisition of future, incoming communications from recipients’ devices (with or without consent) invades senders’ reasonable expectations of privacy under section 8 of the Charter and constitutes an “interception” requiring judicial authorization under section 184.2 of the Criminal Code.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2018-10-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41626366","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

Claire L’Heureux-Dubé: A Life, Constance Backhouse (Vancouver: UBC Press for the Osgoode Society for Canadian Legal History, 2017) Claire L ' heurex - dub<s:1>: A Life, Constance Backhouse著(温哥华:UBC Press for the Osgoode Society for Canadian Legal History, 2017)

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2504

Elizabeth Adjin-Tettey, Gillian Calder, P. Cochran, Maneesha Deckha, Freya Kodar, H. Lessard, P. Parmar, K. Plyley, Mark N. Zion

引用次数: 0

A Systematic Review of the Indian Mining Regulations in Comparison to Saskatchewan Mining Law Where the First Nations Holds Mineral Title 印度采矿法规与第一民族拥有矿产所有权的萨斯喀彻温省采矿法的系统回顾

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2503

P. Mills

引用次数: 0

Apples to Oranges? Gendered Damages in Personal Injury Litigation: A Focus on Infant Claims 从苹果到橙子?人身伤害诉讼中的性别损害赔偿:以婴儿索赔为中心

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ALBERTA LAW REVIEW Pub Date : 2018-10-09 DOI: 10.29173/ALR2502

Kathleen Renaud

引用次数: 1

Vulnerability, Canadian Disaster Law, and The Beast 脆弱性，加拿大灾难法，和野兽

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ALBERTA LAW REVIEW Pub Date : 2018-07-16 DOI: 10.29173/ALR2480

Jocelyn Stacey

引用次数: 6

The Presumption Against Interference with Vested Rights: Creating Structure out of the Confusion 既得权不干涉推定:在混乱中创造结构

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ALBERTA LAW REVIEW Pub Date : 2018-07-16 DOI: 10.29173/ALR2486

Michael Custer

引用次数: 0

The Prejudicial Effects of "Reasonable Steps" in Analysis of Mens Rea and Sexual Consent: Two Solutions “合理步骤”在男性意图与性同意分析中的不利影响:两种解决方法

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ALBERTA LAW REVIEW Pub Date : 2018-07-16 DOI: 10.29173/ALR2482

Lucinda Vandervort

{"title":"The Prejudicial Effects of \"Reasonable Steps\" in Analysis of Mens Rea and Sexual Consent: Two Solutions","authors":"Lucinda Vandervort","doi":"10.29173/ALR2482","DOIUrl":"https://doi.org/10.29173/ALR2482","url":null,"abstract":"This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether a complainant communicated consent is assessed by the hybrid subjective-objective reasonableness standard prescribed by section 273.2, many decision-makers rely on extra-legal criteria and assumptions grounded in their personal experience and opinion about what is reasonable. In the midst of debate over what the accused knew and what steps were “reasonable,” given what the accused knew, the legal definition of consent in section 273.1 is easily overlooked and decision-makers focus on facts that are legally irrelevant and prejudice rational deliberation. The result is failure to enforce the law. The author proposes: (1) that section 273.2 be amended to reflect the significant developments achieved in sexual consent jurisprudence since enactment of the provision in 1992; and (2) that, in the interim, the judiciary act with resolve to make full and proper use of the statutory and common law tools that are presently available to determine whether the accused acted with mens rea in relation to the absence of sexual consent.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2018-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47253356","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

Do Recent Amendments to Alberta's Municipal Government Act Enable Management of Surface Water Resources and Air Quality? 阿尔伯塔省《市政府法》最近的修正案是否允许对地表水资源和空气质量进行管理？

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ALBERTA LAW REVIEW Pub Date : 2018-07-16 DOI: 10.29173/alr2484

J. Stewart

{"title":"Do Recent Amendments to Alberta's Municipal Government Act Enable Management of Surface Water Resources and Air Quality?","authors":"J. Stewart","doi":"10.29173/alr2484","DOIUrl":"https://doi.org/10.29173/alr2484","url":null,"abstract":"Since 2015, new provisions have been added to Alberta’s Municipal Government Act (MGA) that arguably authorize municipalities to manage components of the environment, such as surface water resources and air quality at the local and regional geopolitical landscape scales. Since 2013, Part 17.1 enabled voluntary formation of “growth management boards” (GMBs) by two or more participating municipalities, and once appointed by the Minister, GMBs are empowered to create “growth plans” to govern growth-related land use decision-making processes within the boundaries of the participating municipalities. Part 17.1 was amended in 2016 and new regulations followed in 2017. City Charter provisions enacted in 2015 give broad governance powers to cities. MGA provisions that create both these new institutional arrangements do not preclude GMBs or cities from developing municipal environmental management objectives. Recent additional MGA amendments enacted as the Modernized Municipal Government Act (MMGA) in December 2016, and further amendments in the spring of 2017 added a preamble, defined “body of water” for the purposes of the MGA, provided for intermunicipal collaborative governance of land use, and amended the environmental reserve provisions and other regulatory aspects of Part 17: Planning and Development. Two new purposes of municipal government were added: “to work collaboratively with neighbouring municipalities to plan, deliver and fund intermunicipal services,” and “to foster the well-being of the environment.” In this article, amendments to the MGA since 2015 are examined and analyzed in light of Alberta’s regional watershed scale land use policy, legislation, and regulations to determine if Alberta municipalities are now authorized to manage the environment, specifically surface water resources and water quality.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2018-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43385670","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: 2