Open AccessNatural Resources: Provincial Proprietary Rights, the Supreme Court of Canada, and the Resource Amendment to the Constitution
Author(s) -
William D. Moull
Publication year - 1983
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr1779
Subject(s) - constitution , supreme court , law , government (linguistics) , resource (disambiguation) , amendment , political science , supreme court decisions , natural resource , sociology , philosophy , computer network , linguistics , computer science
The 1982 "Resource Amendment" to the Constitution has important implications par ticularly for western oil producing provinces. The writer examines the "proprietary rights" theory relied upon by the Alberta Government by reviewing older case law and recent Supreme Court of Canada decisions. The writer suggests that many "proprietary rights" arguments which would likely be invalid may be saved by the resource amend ment.