Alberta Law Review New Issue 54:1



In the interest of free exchange of knowledge and the greater public good, the Alberta Law Review has transitioned towards an open access model beginning with Issue 54:1. Open access publishing ensures free, online availability of the Review’s articles to anyone who has interest. Whilst the free flow of academic wisdom is of clear importance, open access in legal research and scholarship is made all the more vital by persistent concerns about access to justice in Canada. Ideally, this change will help to drive the ongoing discussion about the availability of academic resources and deconstructing barriers to learning.

 All future issues of the publication will be available on Alberta Law Review’s website, free of charge, for anyone who would like to access them. As part of these significant changes, print copies of the journal have been discontinued, and subscriptions will no longer be offered. However, the journal’s rich scholarship will be available online, which should simplify access for the vast majority of readers.

Issue 54:1 canvases a wide variety of contemporary legal topics for practitioners of all varieties. Professor Eric Adams begins with a look to the past, detailing the intriguing history of two law school deans, Wilbur Bowker of the University of Alberta, and Everett Fraser of the University of Minnesota. Adams recounts their contributions to the framework of university-based legal training that still exists across North America today. Jason Chin, Archie Rabinowtiz, and Aoife Quinn delve into the law of resulting trusts, examining the doctrine and its leading cases. Concerns are raised about the presumption of resulting trust and its effect on beneficiary designations.

For those involved in constitutional and criminal law, Hamish Stewart explores the evolution of section 7 of the Charter and dissects the new sex work law. Stewart suggests that Bill C-36, Parliament’s response to the Supreme Court of Canada’s decision in Bedford v Canada, may be unconstitutional. Other constitutional issues are addressed in an insightful article by J. Anthony VanDuzer and Melanie Mallet on free trade and investment treaties. The authors look at implementation issues stemming from Canada’s federal-provincial constitutional divide.

Alberta-specific issues are also addressed. Kimberly Howard explains Alberta’s regulatory law framework surrounding the practice of hydraulic fracturing. Potential concerns about subsurface communication between wellbores or nearby reservoirs are addressed. Howard comments on the Alberta Energy Regulator’s approach to these concerns and offers an outline for dispute resolution in the event that a conflict arises. Alastair Lucas and Heather Lilles also write about the practice of hydraulic fracturing, highlighting some of its controversies. Lucas and Lilles detail the “anti-frack” movement and avenues for public participation in regulation. The authors claim that current opportunities are insufficient and propose a route forward to alleviate the shortcomings.

Finally, the issue includes a case comment by Lorne Neudorf and a book review by Anna Lund. Neudorf dissects the Supreme Court of Canada’s judgment in Ontario (Energy Board) v Ontario Power Generation Inc. Lund parses through Matthew Desmond’s book, Evicted: Poverty and Profit in the American City, rounding out 54:1. Issue 54:1 of the Alberta Law Review, the first open access edition, has local, national, and international relevance and is a must-read for Albertan legal professionals.

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