Browsing by Author "Fluker, Shaun"

Now showing 1 - 7 of 7
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    ABlawg articles
    (Canadian Institute of Resources Law, 2010-11) Kwasniak, Arlene; Bankes, Nigel; Fluker, Shaun
    ABlawg is the University of Calgary Faculty of Law’s Blog on Developments in Alberta Law. It includes commentary by faculty members, sessional instructors, research associates at the Faculty’s affiliated institutes, and students on court and tribunal decisions and legislative and policy developments in Alberta. ABlawg includes commentary in several areas of interest to readers of Resources: Aboriginal Law, Carbon Capture and Storage, Climate Change, Energy Law, Environmental Law, Natural Resources Law, Oil and Gas Law, and Water Law. Resources articles have sometimes been reprinted on ABlawg (see e.g. Nickie Vlavianos, The Issues and Challenges with Public Participation in Energy and Natural Resources Development in Alberta and David Laidlaw and Monique Passelac Ross, Water Rights and Water Stewardship: What About Aboriginal Peoples?); in this issue of Resources we feature three ABlawg posts concerning (1) judicial interpretation of the Alberta Land Stewardship Act, (2) regulatory approaches to CCS, and (3) standing at the Energy Resources Conservation Board. The posts included here have been edited for length. For full versions of the posts and to become a subscriber to ABlawg, go to http://ablawg.ca/.
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    Beyond the Constitution: Analyzing the Effects of Critical Infrastructure Laws on Protestors, Citizens, and the Courts
    (2023-02-13) Bilak, Robert; Fluker, Shaun
    This paper analyzes critical infrastructure laws as a policy tool of government. By creating a functional definition of them, locating where they exist in Canada and the US, and outlining in a literature review their history, this paper seeks to determine whether they may have unintended consequences beyond protecting infrastructure. This paper picks three distinct groups as case studies: peaceful protestors, general citizens, and the courts. It finds that, despite their success in protecting critical infrastructure, there is a risk that they chill peaceful protests, are impossible to always follow, and erode the legitimacy of the courts. The paper concludes with three recommendations that governments should consider to mitigate these risks.
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    Legal Impact of Sustainability Pledges on the Fiduciary Duties of Corporate Directors
    (2012-09-24) Bone, Jeffrey; Fluker, Shaun
    There has been a long standing assumption that directors are required to consider only the interests of shareholders as part of the best interest of the corporation. My research suggests this assumption does not accord with Canadian law. Corporate directors are required to consider the best interest of the corporation which includes a diverse set of stakeholders. Recent case law suggests that corporate directors have a legal obligation to make decisions as a good corporate citizen. This thesis finds that a sustainability pledge does not create legally binding obligations upon corporate directors. However, directors are shielded from liability when engaging in a standard of conduct aligned with the protocols contained in a sustainability pledge. Therefore, while stakeholders may not be empowered to legally hold corporations to account on sustainability pledges, it remains in the purview of directors to decide whether they will follow these self-imposed guidelines.
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    Public Participation at the Alberta Energy Resources Conservation Board
    (2011-05-06T19:19:52Z) Fluker, Shaun
    This article examines the law governing public participation in the project licensing process of the Alberta Energy Resources Conservation Board (ERCB or Board).
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    Responsive Regulation of Off Highway Vehicle Use on Crown Land in Alberta Headwaters
    (2018-11-05) Surtees, Jeffrey David; Olszynski, Martin; Fluker, Shaun; Stewart, Fenner L.
    Headwater areas are ecologically important and can be negatively impacted by off highway vehicle use, yet harmful noncompliance with existing regulation occurs. This thesis considers whether compliance with Alberta law regulating OHV use on Crown land could be improved by using responsive regulation, a law and society approach. The traditional approach to the law is reviewed and contrasted with the law and society approach. The physical, regulatory, social and economic contexts of off highway vehicle use and harm in Alberta are examined. The main characteristics of responsive regulation are investigated. One variation of responsive regulation, restorative justice, is examined and it is concluded that theoretically it could be applied to off highway vehicle regulation, but unanswered questions remain as to the cost-effectiveness of doing so.
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