{"title":"Defining Wrongful Dismissal: The Alberta Schism","authors":"Dennis D. Buchanan","doi":"10.29173/alr2567","DOIUrl":"https://doi.org/10.29173/alr2567","url":null,"abstract":"The law in Alberta regarding wrongful dismissal is at odds. The source of this schism is the moment of breach when an employee is dismissed with insufficient notice. The “Mandatory Notice” doctrine holds it is at the moment of termination, while the “Contractual Option” doctrine holds that the breach occurs on failure to provide reasonable notice or pay in lieu of notice. While the Mandatory Notice doctrine is considered trite law in other jurisdictions, Alberta has continued to develop case law supporting the Contractual Option. However, the Contractual Option doctrine suffers from several fatal flaws which highlight illogical theoretical and practical results flowing from its application. Therefore, this trend must reverse and Alberta must return to the Mandatory Notice doctrine.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49277643","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":"Building Haystacks: Information Retention and Data Exploitation by the Canadian Security Intelligence Service","authors":"Leah West, Craig Forcese","doi":"10.29173/alr2573","DOIUrl":"https://doi.org/10.29173/alr2573","url":null,"abstract":"This article examines the technical topic of CSIS’s modern data acquisition, retention, and exploitation, a matter not canvassed in the existing legal literature. As part of a special collection on the National Security Act (NSA 2017), it focuses on the policy and legal context driving the NSA 2017 amendments, relying on primary materials to memorialize this background. This article examines how CSIS has been pulled in divergent directions by its governing law, and sometimes a strained construal of those legal standards, toward controversial information retention practices. It argues that the tempered standards on acquisition, retention, and exploitation of non-threat-related information created by the NSA 2017 respond to civil liberties objections. The introduction of the “dataset” regime in the NSA 2017 may finally establish an equilibrium between too aggressive an information destruction standard that imperils due process and too constraining an information retention system that undermines CSIS’s legitimate intelligence functions. The article flags, however, areas of doubt, the resolution of which will have important implications for the constitutionality and legitimacy of the new system.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43092422","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":"Litigating on One's Doorstep: Access to Justice and the Question of Venue","authors":"Anna J. Lund","doi":"10.29173/ALR2544","DOIUrl":"https://doi.org/10.29173/ALR2544","url":null,"abstract":"Venue rules govern the location where legal proceedings are commenced and where applications and trials are heard. These rules can hamper litigants from participating in legal proceedings, such as when they require a litigant to travel a significant distance to take part in a hearing or trial. The expense and time required for such travel is prohibitive for some litigants. \u0000In this article, the author considers the extent to which the venue rules in Alberta hamper defendants from participating in three types of proceedings: mortgage default proceedings, residential eviction proceedings, and enforcement proceedings against a judgment debtor’s real property. The venue rules applicable to these proceedings raise serious access to justice issues because the defendants are commonly self-represented and are at risk of losing their homes. \u0000This article argues that Alberta venue rules are somewhat responsive to the plight of defendants, but they could be revised to ensure that self-represented litigants, especially those of limited means, can participate in legal proceedings regarding their homes. Changes to the substance of the rules must be matched with changes to the practices by which these rules are invoked, because these practices create additional hurdles for the defendants.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45693701","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":"Justice Jean E. L. Côté, The Court of Appeal, and the Changing Nature of Contract Law","authors":"Q. D. R. Percy, Q. C. Douglas Stollery","doi":"10.29173/ALR2556","DOIUrl":"https://doi.org/10.29173/ALR2556","url":null,"abstract":" \u0000 ","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49517040","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":"Jean E. L. Côté: The Law Student","authors":"T. Anderson","doi":"10.29173/ALR2557","DOIUrl":"https://doi.org/10.29173/ALR2557","url":null,"abstract":" \u0000 ","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48046458","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":"Jean E. L. Côté: The Teacher","authors":"V. Krishna, Cq, Frsc","doi":"10.29173/ALR2558","DOIUrl":"https://doi.org/10.29173/ALR2558","url":null,"abstract":" \u0000 ","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43296775","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":"Measuring the Impacts of Representation in Legal Aid and Community Legal Services Settings: Considerations for Canadian Research","authors":"Sarah M. Buhler, M. Korpan","doi":"10.29173/ALR2546","DOIUrl":"https://doi.org/10.29173/ALR2546","url":null,"abstract":"There is currently a gap in Canadian empirical research examining the impacts of legal representation in legal aid and clinic settings. This article advocates for addressing the research gap and suggests how such research could be pursued. Empirical data is crucial to making the case for ongoing investments in publicly funded legal assistance and to ensuring the effectiveness of such assistance. Yet current research, mainly from American studies, tends to focus narrowly on litigation outcomes. This leaves many aspects of the impact of legal representation unclear, particularly regarding service delivery for vulnerable and marginalized clients. Research must examine clients’ own experiences and perspectives of legal processes so as to better reflect the complex relationship between legal representation and justice.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48040773","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 Judges Reference and the Secession Reference at Twenty: Reassessing the Supreme Court of Canada's Unfinished Unwritten Constitutional Principles Project","authors":"J. Johnson","doi":"10.29173/ALR2545","DOIUrl":"https://doi.org/10.29173/ALR2545","url":null,"abstract":"Upon the 20-year anniversary of the Reference re Remuneration of Judges of the Provincial Court of Prince Edward Island and the Reference re Secession of Quebec, the author reflects on the methodology utilized by the Supreme Court of Canada to reach dramatic conclusions on the basis of unwritten constitutional principles in these cases. An analysis of several decisions leading up to the Judges Reference and the Secession Reference establish a pattern of reasoning from the abstract to the concrete, from unwritten principle to unwritten rule. However, these decisions lack in methodological self-reflection as they utilize unwritten principles to reach particular outcomes without situating the analysis in a larger interpretive framework. The author seeks to clarify this uncertainty by suggesting a methodological framework entitled “reasoning from constitutional essentials.” This methodology can assist in understanding the analytical framework used by courts to identify and reach conclusions on the basis of unwritten constitutional principles.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47876463","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":"When Should Casinos Owe a Duty of Care Toward Their Patrons?","authors":"E. Chamberlain, Rob Simpson, Garry J. Smith","doi":"10.29173/ALR2542","DOIUrl":"https://doi.org/10.29173/ALR2542","url":null,"abstract":"With the release of the Ontario Court of Appeal’s decision in Paton Estate, the possibility was left open for a casino to be found to owe a duty of care to patrons who gamble excessively. This article explores the circumstances under which the Anns/Cooper framework could be applied to find that such a duty exists. Specifically, where the gambler is a member of a casino’s customer loyalty program, thereby imputing knowledge of extreme gambling behaviour on the casino, and where the casino has no reason to believe the patron’s losses are sustainable, a duty of care should be imposed. Liability should follow in cases where the casino knowingly contributed to or deliberately ignored these losses.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46264368","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":"Introduction and Brief Biography","authors":"Alberta Law Review","doi":"10.29173/alr2552","DOIUrl":"https://doi.org/10.29173/alr2552","url":null,"abstract":" \u0000 ","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-07-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48077785","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}