Oct. 4, 2021
Professors published in Alberta Law Review
Professors Robert Hamilton and Howard Kislowicz's article "The Standard of Review and the Duty to Consult and Accommodate Indigenous Peoples: What is the Impact of Vavilov?" seeks to answer how the Vavilov framework affects decision-making regarding the duty to consult and accommodate. The exception for section 35 Aboriginal and treaty rights under the Constitution Act,1982 is relevant to the discussion in this paper, including what that exception means for cases involving the duty to consult and accommodate. The authors argue that the logic in Vavilov suggests that a broader range of issues should be subject to the correctness standard than is currently the practice.
Professor David Wright's article "The New Federal Impact Assessment Act: Implications for Canadian Energy Projects" provides an overview of the new federal regime and examines what it may mean in practical terms for energy projects, with an emphasis on the Alberta context. Particular focus is devoted to changes from the previous federal regime, chiefly with respect to the assessment and final decision-making phases.
Related content
