Natural Resources: Provincial Proprietary Rights, the Supreme Court of Canada, and the Resource Amendment to the Constitution
AbstractThe 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.
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