On Thursday, June 9, the Centre for Constitutional Studies (Centre) and the Legal Education Society of Alberta (LESA) welcomed insolvency practitioners from across the province to the Art Gallery of Alberta for a seminar entitled The Constitution in the Insolvency Tool Box. Presenting at the seminar were incoming Assistant Professor Anna Lund, who co-chaired the event with Patricia Paradis, the Centre's Executive Director, and professors Eric Adams and Rod Wood. Lund, Adams, and Wood joined other leading scholars and practitioners in the area of insolvency law to explore the intersection of constitutional and insolvency law.
"It's an intersection of law that I think has been undertheorized by scholars, underused by practitioners, and understudied by pretty much everyone," said Prof. Lund. "The event was an opportunity to think a little more broadly about some of the issues that have been arising in the insolvency field and the ways that they implicate some of these constitutional principles."
The first panel featured Michael Lema from Justice Canada, Prof. Adams, and Prof. Lund. Mr. Lema presented an overview of the Canadian case law that illustrates the intersection of constitutional and insolvency law; Prof. Adams provided the constitutional context with a federalism presentation entitled Introduction to Division of Powers Jurisprudence; and Dr. Lund explored two recent Supreme Court of Canada cases, Moloney and 407 ETR, that expanded the scope of protection and rehabilitation available to individuals in bankruptcy.
The second panel featured Terry Czechowskyj, managing partner at Miles Davison LLP in Calgary, Prof. Wood, and Prof. Ron Cuming from the College of Law at the University of Saskatchewan. Mr. Czechowskyj presented on how insolvency proceedings interfere with a regulator's powers under provincial law, with a focus on the recent Alberta Court of Queen's Bench decision in Redwater; Prof. Wood examined receiverships following the recent Supreme Court decision in Lemare Lake Logging, and Prof. Ron Cuming considered constitutional issues that arise at the intersection of insolvency and trust law .
Each panel concluded with a Q & A session moderated by Prof. Virginia Torrie from the Faculty of Law at the University of Manitoba and Rick Reeson, Q.C., a partner at Miller Thomson LLP in Edmonton. The presentations generated great discussion among the attendees, with practitioners using examples from their practice to contextualize the issues raised by the panel.
Next up from the Centre is a June 23 event, open to the public, featuring Prof. Adams explaining Section 2b of the Charter, in "What Expression Does the Charter Protect?" This noon-hour event will be held in Room 2-922 of the Faculty of Extension at Enterprise Square (Jasper Ave. between 102 St. and 103 St.).
For more information about LESA or to register for upcoming events, visit their website.