Browsing by Author "Jaremko, Sara L."

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    A Critical Exploration of the South Saskatchewan Regional Plan in Alberta
    (Canadian Institute of Resources Law, 2016-03) Jaremko, Sara L.
    The Government of Alberta has in recent years been implementing comprehensive land use planning through policy and legislation. This paper will be a critical exploration of the South Saskatchewan Regional Plan (SSRP) under the Alberta Land and Stewardship Act. It will first bring the SSRP into a practical view by describing the South Saskatchewan region, discussing the relevant history of integrated landscape planning, provide an overview of the policy framework, and review the legal nature of the SSRP itself, including its structure and binding nature and interaction with other regulatory management. It will then discuss the SSRP’s status: its effective date being at September 1, 2014, amendments made to the final SSRP, and describe matters remaining to be completed for implementation. It will then discuss the effect the SSRP has had thus far. It will finally provide critical evaluation revisiting the controversy associated with land use planning in general, outlining the plan’s praise and criticism, in light of cumulative effects and other management objectives, refer to previous evaluation criteria, and provide analysis.
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    The Peel Watershed Case: Implications for Aboriginal Consultation and Land Use Planning in Alberta
    (Canadian Institute of Resources Law, 2017-03-31) Jaremko, Sara L.
    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.