{"title":"On the Legitimacy of Cross-Border Pharmacy","authors":"S. Rabinovitch","doi":"10.29173/ALR1255","DOIUrl":"https://doi.org/10.29173/ALR1255","url":null,"abstract":"Cross-border sales of prescription drugs to U.S. patients by Canadian internet pharmacies have generated significant controversy in the U.S. and Canada. Violative of U.S. drug legislation and of Canadian professional codes of conduct, cross-border pharmacy has nonetheless flourished in response to strong demand and incomplete enforcement. Proponents laud the greater affordability of drugs for U.S. customers; opponents decry the practice as unsafe for U.S. patients, economically ill-advised, and ultimately contrary to Canadian interests. This article evaluates the safety arguments put forward by the U.S. Food and Drug Administration and others and concludes that these concerns, though valid, do not justify the current U.S. prohibition on prescription drug imports from Canada. Similarly, professional regulatory bodies' objections to the participation of Canadian doctors and pharmacists in cross-border pharmacy are misplaced. More compelling are the economic arguments against cross-border pharmacy, though even here opponents assume normative positions that should be explicitly defined and socially determined. Finally, however, the article acknowledges that Canada may be compelled by real-world circumstances to curtail cross-border pharmacy in order to safeguard domestic drug supplies.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"43 1","pages":"327-368"},"PeriodicalIF":0.5,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48487703","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}
{"title":"Alberta's Energy and Utilities Board and the Constitution of Canada","authors":"Nickie Vlavianos","doi":"10.29173/ALR1256","DOIUrl":"https://doi.org/10.29173/ALR1256","url":null,"abstract":"The author explores the jurisdictional ability of an administrative tribunal — specifically, the Alberta Energy and Utilities Board (EUB) — to decide constitutional matters. She focuses particularly on tribunal decisions relating to Charter rights and Aboriginal or treaty rights (s. 35(1)) and examines the recent decisions of Martin and Paul from the Supreme Court of Canada. The author concludes that for questions of law, the EUB has not only the option but the duty to consider constitutional questions.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"43 1","pages":"369-381"},"PeriodicalIF":0.5,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45346201","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}
{"title":"Serhan v. Johnson & Johnson: A Case Comment","authors":"R. Brown, Moin A. Yahya","doi":"10.29173/ALR1264","DOIUrl":"https://doi.org/10.29173/ALR1264","url":null,"abstract":"","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45895332","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}
{"title":"The Jury is Out: The Controversy About Jury Trials Under the Alberta Securities Act","authors":"R. Stack","doi":"10.29173/alr2603","DOIUrl":"https://doi.org/10.29173/alr2603","url":null,"abstract":"After reviewing the place of securities law enforcement within the Canadian court system, the author traces the Peers and Aitkens decisions from the Provincial Court to the Supreme Court and outlines how these cases dealt with the question of what penalties trigger the right to a jury trial under section 11(f) of the Charter. The author explains how section 11(f) impacts the division of powers by creating a constitutional cap on the prison sentences that are available for violations of provincial law. In light of stiff maximum penalties for violations of securities laws, the Peers and Aitkens decisions raise the question of whether there are constitutional reasons to continue to try regulatory offences by judge alone in provincially appointed courts.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45583445","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}
{"title":"The Conceptual Structure of Commercial Law","authors":"Tamara M. Buckwold","doi":"10.29173/alr2599","DOIUrl":"https://doi.org/10.29173/alr2599","url":null,"abstract":"This article argues that commercial law is not merely a collection of rules, but a doctrinally coherent and conceptually sophisticated body of law structured through conceptions of property. The analysis focuses specifically on the aspects of commercial law that govern recovery of debt. The argument advances two related themes; that commercial law is built around conceptions of property and reciprocally defines the conceptions of property around which it is built. The article first addresses the role of property as the structural framework of commercial law. Property creates the basis for assertion of rights and provides the conceptual interface between the legal regimes of secured financing, judgment enforcement, and bankruptcy. Further, property is the basis on which commercial law rights and interests are reconciled with rights and interests that fall outside its boundaries. The article then explores the means by which commercial law resolves practical problems through the creative definition of property. The article concludes with thoughts on the importance of understanding the central role of property in the structure and function of commercial law.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43882153","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}
{"title":"Sexual Regulation and the Law: A Canadian Perspective, Richard Jochelson and James Gacek, eds. (Bradford, Ont: Demeter Press, 2019)","authors":"Colton Fehr","doi":"10.29173/alr2604","DOIUrl":"https://doi.org/10.29173/alr2604","url":null,"abstract":" \u0000 ","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":"1045"},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48073245","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}
{"title":"Drop Dead or a Slow Death? An Analysis of Rule 4.33 of the Alberta Rules of Court","authors":"Melissa Morrow, R. M. White","doi":"10.29173/alr2601","DOIUrl":"https://doi.org/10.29173/alr2601","url":null,"abstract":"From 2010 to 2013, the \"Drop Dead Rule\" in the Alberta Rules of Court underwent major amendments that resulted in new jurisprudence for resolution of all such applications. In this article, we conduct quantitative and qualitative analyses of the consequences of these amendments and the causes of these consequences. We find that the increase in applications, the longer time to resolution, and the inequitable impact on impecunious plaintiffs result in outcomes contrary to the objectives stated in the Foundational Rules. We provide evidence of the extent of these failures and recommendations on how to amend the Drop Dead Rule to result in fairer, more just, timelier, and more cost-effective resolutions.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"157 1","pages":"957"},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69749700","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}
{"title":"Structural Change or Collective Amnesia? A Review of Breakdown: The Inside Story of the Rise and Fall of Heenan Blaikie, Norman Bacal (Toronto: Barlow Books, 2017)","authors":"P. Lord","doi":"10.29173/alr2605","DOIUrl":"https://doi.org/10.29173/alr2605","url":null,"abstract":" \u0000 ","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":"1053"},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47123495","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}
{"title":"Sealed and Delivered: A Theory of Unilateral Transfer at Common Law","authors":"Stéphane Sérafin","doi":"10.29173/ALR2600","DOIUrl":"https://doi.org/10.29173/ALR2600","url":null,"abstract":"Some view the sealed instrument as a relic of the common law that is incompatible with modern contract law theory. However, the fact remains that the seal is a valid method to create a binding agreement in Canadian law. This article proposes a theoretical justification of the seal that better places it within contract theory. The author argues that instead of understanding seals as analogous to a consideration-based promise, we should understand seals as analogous to an executed gift. Through this analogy, the seal can be understood as an agreement that creates an immediate and unilateral transfer of rights.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":"1 1","pages":"927"},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45465390","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}
{"title":"Abandoned Wells Create Liability for Future Subsurface Resource Exploitation","authors":"T. Watson","doi":"10.29173/alr2602","DOIUrl":"https://doi.org/10.29173/alr2602","url":null,"abstract":"Due to inadequate management of the liability associated with abandoned wells, wellbores will continue to pose a threat to resource development in Alberta. To mitigate this issue, a new development should be burdened with the costs of mitigating the risks of that development. Economic decisions made at the time the risk is to be imposed, in the present, will be more reasoned. Companies that follow the regulations should be able to reasonably expect that compliance with the rules will alleviate liabilities in the future. The regulated industry should be able to trust the expertise of a regulator to ensure the protection of the environment, public safety, and the subsurface resource.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2020-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48385979","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}