Research Centres, Institutes, Projects and Unitshttps://hdl.handle.net/1880/1000762024-03-29T14:44:06Z2024-03-29T14:44:06Z5231Alberta First Nations Consultation & Accommodation Handbook – Updated to 2016Laidlaw, Davidhttps://hdl.handle.net/1880/1093402021-08-26T19:23:34Z2016-03-01T00:00:00Zdc.title: Alberta First Nations Consultation & Accommodation Handbook – Updated to 2016
dc.contributor.author: Laidlaw, David
dc.description.abstract: This is an Update to our Alberta First Nations Consultation & Accommodation Handbook published on March 30, 2014 as CIRL Occasional Paper #44 (Handbook). The Handbook was a critical assessment of Alberta’s approach to satisfying the Crown’s duty to consult and accommodate aboriginal people in Alberta under The Government of Alberta’s Policy on Consultation with First Nations on Land and Natural Resource Management, 2013 (Consultation Policy). In the Handbook we reviewed the Consultation Policy, associated legislation and draft Corporate Guidelines as they existed at March 30, 2014.
In this Update, we analyze the finalized guidelines, The Government of Alberta’s Guidelines on Consultation with First Nations on Land and Natural Resource Management (July 28, 2014) (Guidelines) together with relevant developments since March 30, 2014.
dc.description: This is an Update to our Alberta First Nations Consultation & Accommodation Handbook published on March 30, 2014 as CIRL Occasional Paper #44 (Handbook).
2016-03-01T00:00:00ZClient and Lawyer Satisfaction with Unbundled Legal Services: Conclusion from the Alberta Limited Legal Services ProjectBoyd, J.-P. E.https://hdl.handle.net/1880/1078052019-01-13T06:20:39Z2018-08-01T00:00:00Zdc.title: Client and Lawyer Satisfaction with Unbundled Legal Services: Conclusion from the Alberta Limited Legal Services Project
dc.contributor.author: Boyd, J.-P. E.
dc.description.abstract: This report presents a discussion of the data collected from clients and lawyers through the Alberta Limited Legal Services Project. This work was funded by a project grant provided by The Law Foundation of Ontario, through its Access to Justice Fund, and by an operating grant provided by the Alberta Law Foundation. The Canadian Research Institute for Law and the Family gratefully acknowledges the generous support of both Foundations, without which this research could not have been undertaken.
2018-08-01T00:00:00ZAn Evaluation of Alberta's Mandatory Early Intervention Case Conference Pilot ProjectBertrand, Lorne D.Paetsch, Joanne J.Boyd, J.-P. E.https://hdl.handle.net/1880/1077222018-12-04T17:49:59Z2018-08-01T00:00:00Zdc.title: An Evaluation of Alberta's Mandatory Early Intervention Case Conference Pilot Project
dc.contributor.author: Bertrand, Lorne D.; Paetsch, Joanne J.; Boyd, J.-P. E.
dc.description.abstract: Alberta’s Court of Queen’s Bench has implemented a pilot project requiring early intervention case conferences (EICCs) in certain family law cases. The pilot project is one of the Court’s responses to the increasing numbers of litigants without counsel, the short complement of the bench relative to the province’s population and the increasing delays until family law cases can be tried. The EICC pilot project is intended to promote access to justice for families in Canada by providing a means for families to have their family law cases heard expeditiously and settled efficiently.
2018-08-01T00:00:00ZAn Evaluation of The Aspire Legal Access InitiativePaetsch, Joanne J.Bertrand, Lorne D.https://hdl.handle.net/1880/1077212020-04-05T19:53:08Z2018-07-01T00:00:00Zdc.title: An Evaluation of The Aspire Legal Access Initiative
dc.contributor.author: Paetsch, Joanne J.; Bertrand, Lorne D.
dc.description.abstract: The University of Calgary’s Aspire Legal Access Initiative (ALAI), the first Canadian incubator project, was developed to provide its law school graduates with intensive articles in family law while improving access to family justice. Special project funding to operate the incubator was originally requested from the Alberta Law Foundation and other sources of potential funding, but the application was turned down. The University of Calgary agreed to support the initial startup of the program, and the project was able to move forward. An Executive Director, lawyer Kyla Sandwith, was hired in the summer of 2017, the necessary articles of incorporation were prepared, and the first cohort of four articled students was selected shortly thereafter.
2018-07-01T00:00:00ZChildren’s Participation In Justice Processes: Survey Of Justices Of Alberta’s Court of Queen’s BenchPaetsch, Joanne J.Bertrand, Lorne D.Boyd, J.-P. E.https://hdl.handle.net/1880/1077202020-04-05T20:05:59Z2018-06-01T00:00:00Zdc.title: Children’s Participation In Justice Processes: Survey Of Justices Of Alberta’s Court of Queen’s Bench
dc.contributor.author: Paetsch, Joanne J.; Bertrand, Lorne D.; Boyd, J.-P. E.
dc.description.abstract: In September 2017, the Canadian Research Institute for Law and the Family and Alberta’s Office of the Child and Youth Advocate hosted a two-day national symposium to discuss the impact of the legal system on Canadian families, with the goal of generating innovative ideas, new research priorities and best practices around the ways that children participate in legal processes. One component of that project involved the Institute conducting a survey of participants prior to the symposium. The survey collected data on participants’ attitudes on the importance of soliciting children’s views in family law proceedings that affect them, the best ways to determine those views, and the extent to which they have had experience with soliciting children’s views in their work. The resulting report was published in December 2017 (Paetsch, Bertrand & Boyd, 2017). The substantial majority of survey respondents were lawyers; only four judges completed the survey. It was decided that, in addition to the information collected from lawyers, it would be very useful to also solicit the views from the bench on this important topic. The Institute requested and received permission from Associate Chief Justice Rooke of Alberta’s Court of Queen’s Bench to conduct a survey of Queen’s Bench justices on the subjects addressed in the survey of symposium participants. A questionnaire was developed based on the content of the earlier survey to maximize comparability of the two instruments.
2018-06-01T00:00:00ZThe Peel Watershed Case: Implications for Aboriginal Consultation and Land Use Planning in AlbertaJaremko, Sara L.https://hdl.handle.net/1880/1076332018-11-08T07:54:16Z2017-03-31T00:00:00Zdc.title: The Peel Watershed Case: Implications for Aboriginal Consultation and Land Use Planning in Alberta
dc.contributor.author: Jaremko, Sara L.
dc.description.abstract: As in Alberta, the Government of the Yukon has been working on comprehensive land-use planning legislation. The Yukon Court of Appeal decision considered the Peel Watershed Regional Plan that covers a large underpopulated and largely undeveloped area of the Yukon, with the potential for oil and gas and hard rock mineral development, in the context of the duty of the Crown to consult with First Nations communities in the land use planning process. This publication reviews the Peel Watershed decision and its implications for land use planning and consultation with the First Nations in Alberta. The paper addresses issues that include the status of land use planning consultation as a treaty right, procedural vs. substantive breaches of the duty to consult, and the potential for unilateral Crown decision-making in both contexts. The broader “spirit” of government obligation, the “honour of the Crown,” is considered in light of the recent SCC court decision.
dc.description: Occasional Paper #56 funded by Alberta Law Foundation, updated December 1, 2017 to include SCC decision.
2017-03-31T00:00:00ZSpecies at Risk Act: A Comprehensive Inventory of Legislative Documents, 1973-2017Hoffman, Nadinehttps://hdl.handle.net/1880/1076322018-12-13T21:10:40Z2018-03-02T00:00:00Zdc.title: Species at Risk Act: A Comprehensive Inventory of Legislative Documents, 1973-2017
dc.contributor.author: Hoffman, Nadine
dc.description.abstract: The long and complex history of the enactment of the Canadian Species at Risk Act (SARA) made this statute a prime target for a legislative and documentary history. The sheer volume of, and difficulty in locating, documents related to and considered in the development of SARA is vast. In a 30-year period, 18 bills relating to species protection were introduced in the House of Commons. In the past 15 years, 12 amending bills were introduced and 70 pieces of subordinate legislation were registered under SARA (largely regulations and Orders in Council). This legislative and documentary history includes all bills, amendments, and regulations, beginning with the 1973 Speech from the Throne and ending in February 2018. It also includes parliamentary papers and committee reports, related international treaties, regulatory process information, reports and backgrounders from various government departments and non-government organizations (NGO’s), and selected scholarly articles documenting the legislative process. The purpose of this legislative and documentary history is to facilitate an understanding of the legislative framework for SARA and assist with identifying primary legal documents related to endangered species research in Canada.
dc.description: A documentary history of Canada's Species At Risk Act (SARA) to February 28, 2018. This paper was included as part of A Symposium on Environment in the Courtroom: Enforcement Issues in Canadian Wildlife Protection, held March 2 & 3, 2018 at the University of Calgary's Faculty of Law by the Canadian Institute of Resources Law, with the financial support of Environment and Climate Change Canada.
2018-03-02T00:00:00ZThe Boomers Are Coming: Economic and Other Issues of Older IndividualsBoyd, J.-P. E.Laing, A.https://hdl.handle.net/1880/1075832018-12-04T17:49:32Z2015-01-01T00:00:00Zdc.title: The Boomers Are Coming: Economic and Other Issues of Older Individuals
dc.contributor.author: Boyd, J.-P. E.; Laing, A.
dc.description.abstract: Ours is an aging population. Life expectancy is increasing across the world at the same time as birth rates are falling. According to the United Nations, population of older persons is increasing at a rate of 2.6% per year, outstripping the 1.2% growth rate of the general population; the proportion of people aged 60 and older increased from 8% in 1950 to 11% in 2009, and is expected to climb to 22% by 2050.1 The growing number of older persons is partly attributable to the remarkable economic, medical and technological progress achieved in the last century and partly to the baby boom that the west experienced between 1946 and 1965, and Canada is no exception. Comparing the 2006 and 2011 census results, Statistics Canada reports that the number of people aged 65 and older has increased by 14.1% and reached a record high of 14.8% of the Canadian population. Statistics Canada further reports that of all five-year age groups, the 60 to 64 group is increasing the fastest – followed, in order, by people who are 100 and older, 85 to 89, 95 to 99 and 65 to 69 – and that population aging will accelerate as the boomers gradually turn 65.
2015-01-01T00:00:00ZSummary Legal Advice Services in Alberta: Survey Results from the First Two Years of Data CollectionBertrand, L.D.Paetsch, J.J.https://hdl.handle.net/1880/1075822018-12-04T17:48:52Z2018-01-01T00:00:00Zdc.title: Summary Legal Advice Services in Alberta: Survey Results from the First Two Years of Data Collection
dc.contributor.author: Bertrand, L.D.; Paetsch, J.J.
dc.description.abstract: The Alberta Law Foundation and the community legal clinics in Alberta have implemented a project to evaluate the summary legal advice services provided by the clinics. Summary legal advice involves volunteer lawyers providing up to 60 minutes of legal advice to low income individuals who are generally handling their legal problems on their own. A logic model was developed to articulate the inputs, activities, outputs, and intended outcomes of the services, and survey instruments were designed to assess the outcomes. The clinics participating in the study are: Calgary Legal Guidance; Edmonton Community Legal Centre; Central Alberta Community Legal Clinic in Red Deer; and Lethbridge Legal Guidance. The overall goal of the project is to build evaluation capacity within the clinics to enable them to carry out their own evaluations, thus providing them with the data needed to make evidence-based decisions to improve their legal advice services. The goal of the evaluation is to examine the extent to which the intended outcomes identified in the logic model are being achieved, and to assess what type of adjustments may be necessary to better achieve the intended outcomes. The Canadian Research Institute for Law and the Family was asked to assist the project by reviewing and revising the proposed data collection instruments, establishing data collection procedures and documenting them in a user-friendly manual for clinic staff, and periodically analyzing the aggregate data from the four participating clinics.
2018-01-01T00:00:00ZCollaborative Settlement: Resolving Disputes After Separation or DivorceBoyd, J.-P. E.https://hdl.handle.net/1880/1075792018-12-04T17:49:52Z2015-01-01T00:00:00Zdc.title: Collaborative Settlement: Resolving Disputes After Separation or Divorce
dc.contributor.author: Boyd, J.-P. E.
2015-01-01T00:00:00Z