ALBERTA LAW REVIEW最新文献_第9页

A Call to Action: Moving Forward with the Governance of Artificial Intelligence in Canada 行动呼吁：推进加拿大人工智能治理

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ALBERTA LAW REVIEW Pub Date : 2019-02-04 DOI: 10.29173/ALR2547

A. Gaon, I. Stedman

引用次数: 14

Terrorist Speech under Bills C-51 and C-59 and the Othman Hamdan Case: The Continued Incoherence of Canada’s Approach C-51和C-59法案下的恐怖主义言论和奥斯曼·哈姆丹案:加拿大方法的持续不连贯

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ALBERTA LAW REVIEW Pub Date : 2019-01-10 DOI: 10.2139/ssrn.3313660

Kent Roach

{"title":"Terrorist Speech under Bills C-51 and C-59 and the Othman Hamdan Case: The Continued Incoherence of Canada’s Approach","authors":"Kent Roach","doi":"10.2139/ssrn.3313660","DOIUrl":"https://doi.org/10.2139/ssrn.3313660","url":null,"abstract":"It is argued that neither the approach taken to terrorist speech in Bill C-51 nor Bill C-59 is satisfactory. A case study of the Othman Hamdan case, including his calls on the Internet for “lone wolves” “swiftly to activate,” is featured, along with the use of immigration law after his acquittal for counselling murder and other crimes. Hamdan’s acquittal suggests that the new Bill C-59 terrorist speech offence and take-down powers based on counselling terrorism offences without specifying a particular terrorism offence may not reach Hamdan’s Internet postings. One coherent response would be to repeal terrorist speech offences while making greater use of court-ordered take-downs of speech on the Internet and programs to counter violent extremism. Another coherent response would be to criminalize the promotion and advocacy of terrorist activities (as opposed to terrorist offences in general in Bill C-51 or terrorism offences without identifying a specific terrorist offence in Bill C-59) and provide for defences designed to protect fundamental freedoms such as those under section 319(3) of the Criminal Code that apply to hate speech. Unfortunately, neither Bill C-51 nor Bill C-59 pursues either of these options. The result is that speech such as Hamdan’s will continue to be subject to the vagaries of take-downs by social media companies and immigration law.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2019-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47121594","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

Keep Calm and ... Understand Cannibis: What Employers in the Energy Sector Want to Know About Legalized Cannabis in the Workplace 保持冷静……了解大麻:能源行业的雇主想知道的关于工作场所大麻合法化的问题

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2507

Shana Wolch, J. Lindner, Dan Demers, Ben Ratelband

引用次数: 0

Continental Energy Trade: What to Expect From NAFTA 2.0 大陆能源贸易:对北美自由贸易协定2.0有何期待

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2505

Paul M. Lalonde, Yohai Baisburd, Joaquin Contreras, J. Jiménez, Vedia Biton Eidelman

引用次数: 2

Recent Legislative and Regulatory Developments of Interest to Energy Practitioners 能源从业者感兴趣的最新立法和监管发展

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2512

Carolyn Milne, Vivek Warrier, Dierdre Sheehan, Blake Williams

引用次数: 0

Prudence, Stranded Assets, and the Regulation of Utilities: A Review of Alberta Utility Regulatory Principles in a Post-Stores Block Era 谨慎、搁浅资产和公用事业监管：后商店封锁时代阿尔伯塔公用事业监管原则回顾

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2509

Lou Cusano, D. M. Wood, E. Dickinson, G. Bruni

引用次数: 0

Sober Second Thoughts: Litigating Purchase and Sale Agreements in the Energy Industry 清醒的反思:能源行业买卖协议诉讼

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2510

Michael A. Marion, Miles Pittman, Leanne Desbarats, Blair McGeough

引用次数: 0

Waste Not, Want Not: "Waste" as a Tool of Resource Conservation in the Atlantic Canadian Offshore 不浪费，不匮乏:“浪费”作为加拿大大西洋近海资源保护的工具

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2506

G. Moores, M. Andrews, A. Whitehead

{"title":"Waste Not, Want Not: \"Waste\" as a Tool of Resource Conservation in the Atlantic Canadian Offshore","authors":"G. Moores, M. Andrews, A. Whitehead","doi":"10.29173/ALR2506","DOIUrl":"https://doi.org/10.29173/ALR2506","url":null,"abstract":"As the Atlantic Canadian oil and gas industry continues to mature, offshore regulators face new and varied issues as they work to implement the objectives of the Atlantic Accords. Laws that were largely developed before the Atlantic Canadian offshore contained producing projects are now being applied to a diverse and evolving industry. As is often the case, laws, as expressed on paper, can prove difficult to apply to each unique set of circumstances that arises in practice.Fundamentally, many of the powers of the Atlantic Canadian offshore regulators rely on the concept of “waste.” An offshore regulator can order a company to commence, continue, or increase production of petroleum where it is of the opinion that such an order “would stop waste.” Conversely, the regulators may order a decrease, cessation, or suspension of the production of petroleum for the same reason. In certain situations of “waste,” the Accord Acts provide for a “forced marriage” via compulsory unitization.While “waste” is instrumental to the authority of the offshore regulators, by necessity its definition is open to some interpretation. This article will explore various interpretations of “waste,” and examine the role of waste in the Atlantic Canadian offshore regimes.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45210151","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

Recent Judicial Decisions of Interest to Energy Lawyers 能源律师最近感兴趣的司法裁决

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2511

O. Dixon, C. Feasby, J. Lee

引用次数: 0

May You Litigate in Interesting Times: Specific Performance, Mitigation, and Valuation Issues in a Rising (or Falling) Market 你会在有趣的时候提起诉讼吗:在上涨(或下跌)的市场中，具体的业绩、缓解和估值问题

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ALBERTA LAW REVIEW Pub Date : 2018-12-05 DOI: 10.29173/ALR2508

S. Gordon, Howard A. Gorman, Q.C., G. Benediktsson

{"title":"May You Litigate in Interesting Times: Specific Performance, Mitigation, and Valuation Issues in a Rising (or Falling) Market","authors":"S. Gordon, Howard A. Gorman, Q.C., G. Benediktsson","doi":"10.29173/ALR2508","DOIUrl":"https://doi.org/10.29173/ALR2508","url":null,"abstract":"This article provides practical insight and strategic guidance regarding how to properly structure the prosecution or defence of a claim in a rising and falling market, and what expert and fact evidence is necessary. First, the article discusses the threshold required to be awarded specific performance and how courts have interpreted Semelhago’s “uniqueness” test, especially in the context of property purchased for commercial investment purposes. Next, if specific performance is not awarded, the valuation date must be chosen. The authors propose a new “hybrid approach” for assessing damages whereby the loss based on actual cash follow up to the date of trial is measured (and a risk adjustment applied to reflect that revenues are never earned risk-free). The net present value of remaining cash flow is then calculated on the basis of the most recent data available at the date of trial. The proposed hybrid approach allows the plaintiff to receive the value of land less the cost to acquire it, plus in every claim month the plaintiff receives the cash it would have earned, but also assumes the risk of operating the land as of that time. Finally, in considering Southcott the authors address some strategic and practical considerations regarding mitigation and the needed evidentiary burden to consider.","PeriodicalId":54047,"journal":{"name":"ALBERTA LAW REVIEW","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2018-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41822439","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