University of Calgary
UofC Navigation

Publications - Arlene Kwasniak

Books and Monographs

  • Public Lands and Resources Law in Canada, (with Elaine Hughes and Al Lucas, Irwin Law Inc., 2016.
  • A Legal Guide to Non-Private Lands in Alberta (Canadian Institute of Resources Law, 2015), 195 pp.
  • Conservation Easements, Covenants and Servitudes in Canada: A Legal Review (with Judy Atkins and Ann Hillyer) (Ottawa: Environment Canada and Canadian Wildlife Service, 2004), 139 pp.
  • Alberta Wetlands: A Law and Policy Guide (Edmonton: Environmental Law Centre/North American Waterfowl Management Plan, 2001), 196 pp.
  • Occupier's Liability, Trails and Incentives (Edmonton: Environmental Law Centre, 1999), 73 pp.
  • Reconciling Ecosystem and Political Borders: A Legal Map (Edmonton: Environmental Law Centre, 1998), 200 pp.
  • A Conservation Easement Guide for Alberta (Edmonton: Environmental Law Centre, 1997), 72 pp.
  • Private Conservancy: The Path to Law Reform (Edited Conference Proceedings) (Edmonton: Environmental Law Centre, 1994), 272 pp.
  • Alberta Public Rangeland Law and Policy (Edmonton: Environmental Law Centre, 1993), 145 pp.

 Chapters in Books, Proceedings, or Essay Series

  • "Water Scarcity and Aquatic Sustainability: Moving Beyond Policy Limitations," in the proceedings  of the International Conference, Implementing Environmental Water Allocations, Port Elizabeth, South Africa, February 23-26
  • "Legal and Economic Tools and Other Incentives to Achieve Wildlife Goals," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-25
  • "Wildlife Management Beyond Wildlife Laws," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-27
  • "Wildlife Stewardship," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-19
  • "Enforcing Wildlife Law," Canadian Wildlife Law Project occasional paper series (Calgary: Canadian Institute of Resources Law, 2006), pp. 1-19
  • "Alberta Supreme Court and Water," in The Alberta Supreme Court at 100, ed., Jonathan Swainger (University of Alberta Press & Osgoode Society for Canadian Legal History, 2007), pp. 193-226
  • "Water Saturates Alberta's Public and Political Agendas," with Danielle Droitsch and Linda Duncan, in Environmental Law: The Year in Review 2006, eds., S. Berger and D. Saxe (Aurora: Canada Law Book, 2006), pp. 159-175
  • "Municipal and Land-Use Planning," in Environmental Law and Policy, second and third editions, eds. E. Hughes, A. Lucas, and W. Tilleman (Toronto: Emond-Montgomery, 2003), third edition pp. 521-562
  • "What is Currently Being Done to Conserve Natural Areas in Edmonton," in Conserving Edmonton's Natural Areas: A Framework for Conservation Planning in an Urban Landscape (Edmonton: City of Edmonton/Alberta Environmental Network, 2001), pp. 17-24
  • "What May Edmonton Do, as a Municipality, to Conserve Natural Areas," and "A Conservation Toolbox," in Conserving Edmonton's Natural Areas: A Framework for Conservation Planning in an Urban Landscape (Edmonton: City of Edmonton/Alberta Environmental Network, 2001), pp. 52-71
  • "Water Quality and Enforcement of the Water Act," in Water Act: Legal Education Society Water Seminar Proceedings (Calgary: Legal Education Society of Alberta, 1998), Part III, pp. 1-17
  • "Law and Policy to Protect and Restore Biodiversity in the Prairie Provinces," in Biodiversity Law in Canada: Review and Recommendations, ed. Ian Attridge (Toronto: CIELAP, 1996), pp. 251-290
  • "Legal Mechanisms for Private Land Conservancy in Alberta: A Call for Law Reform," in Private Conservancy: The Path to Law Reform, ed. Arlene Kwasniak (Edmonton: Environmental Law Centre, 1994), pp. 41-62
  • "Conservation Easements, the Land Titles Act and Foreclosure, the Planning Act and Occupiers Liability Act," in Private Conservancy: The Path to Law Reform, ed. Arlene Kwasniak  (Edmonton: Environmental Law Centre, 1994), pp. 211-222
  • "Biodiversity and the Ecosystem Approach: Issues for the Five Year Review of the Canadian Environmental Protection and Enhancement Act," in Reforming the Canadian Environmental Protection and Enhancement Act (Toronto: Canadian Environmental Network, 1994)
  • "Legal Mechanisms for Private Land Conservancy in Alberta," in The Federation of Alberta Naturalists Proceedings of 12% by 2000 (Edmonton: Federation of Alberta Naturalists, 1992), pp. 21-29 (reprinted by the Environmental Law Centre, 1993)

Journal Articles 

  • "Accretion, The Torrens System, and Law Reform." (2013) 24(2) Journal of Environmental Law and Practice , pp 145-176.
  • "History of Canadian Public Lands and Public Land Law, and Key Departures from and Reflections of U.S. Policy Paths." (2013) 50(1) Rocky Mountain Mineral Law Foundation Journal (Westminster, Colorado)
  • “Inflating and Deflating: Courts and State/Crown Ownership and Management of Water” (2012) 33 Public Land & Resources Law Review 95-142
  • "Use and Abuse of Adaptive Management in Environmental Assessment Law and Practice: A Canadian Example and General Lessons," forthcoming in the Journal of Environmental Assessment Policy and Management, (2010/11)
  • "Instream Flow and Athabasca Oil Sands Development: Contracting out/waiver of legal water rights to protect instream flow - a legal analysis" forthcoming in the Alberta Law Review, Vol. 48, No.1 (2010) , pp 1-35.
  • "Environmental Assessment, Overlap, Duplication, Harmonization, Equivalency, and Substitution: Interpretation, Misinterpretation, and a Path Forward," in the Journal of Environmental Law and Practice, Vol. 20, No. 1, pp. 1-35 (2009).
  • "Water Scarcity and Aquatic Sustainability: Moving Beyond Policy Limitations", Denver Water Law Review, Vol. 13, No.2. (2010), pp. 321-361.
  • "Conservation Easements: Pluses and Pitfalls Generally and for Municipalities" Alberta Law Review, Vol. 46, No. 4 (2009) pp. 651-675.
  • "Right to Rainwater - A Cloudy Issue" (A. Kwasniak and D. Hursh), Windsor Review of Law and Social Issues, Vol. 26, Spring Issue (2009), pp. 105-128
  • "Dribs and Drabs: Western U.S. and Canadian Responses to Water Scarcity," (A. Kwasniak and  A. Lucas), Rocky Mountain Mineral Law Institute Vol. 53, (2008), pp. 16(1)-16(35)
  • "Water under the Bridge: The Role of Instream Flow Needs in Alberta Water Management," (M. Wenig, A. Kwasniak and M. Quinn), in Proceedings of "Water: Science & Politics," The Annual Conference of the Alberta Society of Professional Biologists (Calgary: Alberta Society of Professional Biologists, CD publication) (2008)
  • "Water under the Bridge: The Role of Instream Flow Needs in Federal and Inter-jurisdictional Water Management," (M. Wenig. A. Kwasniak, and M. Quinn), in Proceedings of "Water: Science & Politics," The Annual Conference of the Alberta Society of Professional Biologists (Calgary: Alberta Society of Professional Biologists, CD publication) (2008)
  • "Alberta Crown Ownership of Slough/Marsh Wetlands," Journal of Environmental Law and Practice, Vol. 18, No. 4 (2007), pp. 77-106
  • "Waste Not Want Not: A Comparative Analysis and Critique of Legal Rights to Use and Re-Use Produced Water-Lessons for Alberta," Denver Water Law Review, Vol. 10, No. 2 (2007), pp. 357-390
  • "Freshwater Ecosystem Restoration in the Columbia River Basin: Three Canadian Perspectives," Transnational Lawyer, Pacific McGeorge Global Business and Development Law Journal, Vol. 19, No. 1 (2006), pp 173-194
  • "Property Rights and the Legal Framework for Carbon Sequestration on Agricultural Lands," with S. Kennett and A. Lucas, Ottawa Law Review, Vol. 37, No.2, (2005), pp 171-214
  • "Quenching Instream Thirst: A Role for Water Trusts in the Prairie Provinces," Journal of Environmental Law and Practice, Vol. 16, No.3 (2006), pp. 211-227
  • "Will Canada be forced to share its water?" Unleashed Opinion column, UMagazine, Calgary (Winter 2006), p. 49
  • "The St. Mary's Irrigation District Licence Amendment Decision: Irrigation Districts as a Law unto Themselves," with Nigel Bankes, Journal of Environmental Law and Practice, Vol. 16, No.1 (2005), pp. 1-18
  • Book Review of Coyle and Morrow, The Philosophical Foundations of Environmental Law - Property Rights and Nature, Philosophy in Review (October 2005), pp. 336-339
  • "Slow on the Trigger: The Department of Fisheries and Ocean, the Fisheries Act and the Canadian Environmental Assessment Act," Dalhousie Law Journal, Vol. 27, No. 2 (2004), pp. 349-377
  • "The Potential for Municipal Transfer of Development Credits Programs in Canada," Journal of Environmental Law and Practice, Vol. 15, No. 2 (2004), pp. 47-70
  • "The Friends of the West Country Association v. Minister of Fisheries and Oceans Director, Marine Programs, Canadian Coast Guard (F.C.T.D.): The "Sunpine Decision," Alberta Law Review, Vol. 36, No. 4 (1998), pp. 1032-1038
  • "A Framework for How Laws and Legal Policies Shape Landscapes," Landscape Journal, Vol. 15, No. 2 (1996), pp. 154-162
  • "Critical Notice of Elizabeth Brubaker, Property Rights in Defense of Nature," Alberta Law Review, Vol. 34, No. 4 (1996), pp. 993-1004
  • "Facilitating Conservation: Private Conservancy Law Reform," Alberta Law Review, Vol. 31, No. 4 (1993), pp. 607-623
  • "Policing the Environment," Canadian Police College Journal, Vol. 16, No. 1 (1992), pp. 1-23
  • "Nature of a Landowner's Property Rights to Develop Wetlands," Journal of Environmental Law and Practice, Vol. 1, No. 3 (1991), pp. 317-322

Translation

  • "Miten lait ja oikeuskaytannot muovaavat maisemia" ("A Framework for How Laws and Legal Policies Shape Landscapes" originally published in Landscape Journal, Vol. 15, No. 2 (1996), pp. 154-162) trans. T. Nuopponen, in Maiseman kanssa kasvokkain (Face to Face with the Landscape), eds., Y. Sepänmaa, L. Heikkilä-Palo, and V. Kaukio (Helsinki: Maahenki Oy, 2007), pp. 254-266

Magazine Articles

  • "Not so fast: don't scrap environmental assessments," Lawyers Weekly, (May 15, 2009)
  • "Will Canada be forced to share its water?" Unleashed Opinion" column, UMagazine, Calgary, (Winter 2006), p. 49
  • "Water scarcity, and bursting out of the box," LawNow, June-July (2004), pp. 9-11
  • "New Split Receipting Income Tax Rules for Charitable Gifts" in the Environmental Law Centre NewsBrief, Vol. 18, No. 2, (2003)
  • "Access to Grazing Leases, Still a Cloudy Issue," The Alberta Game Warden, V. 8, No. 2 (1996), pp. 16-19
  • "Surface Rights: Of Accounts Payable," Oilweek, V. 44, No. 51 (1993) pp. 17-18