This June, LESA and the Centre for Constitutional Studies invite you to learn about the relationship between constitutional and insolvency law at The Constitution in the Insolvency Tool Box.
Discover answers to key questions, such as:
- How do insolvency proceedings interfere with a regulator’s powers under provincial legislation?
- How have recent Supreme Court of Canada (SCC) decisions shaped the paramountcy doctrine?
- How has the priority ranking of creditors been molded by constitutional doctrine?
Topics and Speakers
During this half-day seminar, you get the chance to hear from seminar co-chairs Dr. Anna Lund and Patricia Paradis, as well as from experienced faculty on the following topics:
- Intersection of Constitutional & Insolvency Law | Michael Lema
- Introduction to Division of Powers Jurisprudence | Prof. Eric Adams
- The Scope of the Discharge after Moloney | Dr. Anna Lund
- Regulatory Powers | Terry Czechowskyj
- Receivership | Prof. Rod Wood
- Priorities | Prof. Ron Cuming
Q & A
In a recent interview, seminar co-chair Dr. Anna Lund shed some light on the program and what it has to offer to attendees.
Q: Why is this program valuable?
I think what’s going to be most valuable about the program is that it gives practitioners who are working in the insolvency area a chance to think a little bit more about how constitutional law may impact the types of legal issues that they’re facing. … I think there is going to be a really nice opportunity here for practitioners … 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.”
Q: What makes this program unique?
I think what is particularly unique about it is the intersection. … You don’t have a lot of people writing in the constitutional field about bankruptcy [for example]. … It’s not something that constitutional lawyers look at, and insolvency lawyers do look at constitutional principles (especially when it comes up in the context of priority fights between provincial and federal creditors or creditors who have differing priorities under provincial and federal legislation), but I think that insolvency practitioners could be making event broader and better use of those constitutional principles. … It’s an intersection of law that I think has been under theorized by scholars, underused by practitioners, and understudied by pretty much everyone.”
Q: What should attendees know about the program?
There are a few of things that I think are really exciting about the program. One is that we have this great insolvency community in Edmonton … some really talented practitioners … so, I’m pretty excited about getting that insolvency community together and seeing what sort of interesting, insightful things they have to offer. A second thing I’m really excited about is that we’re doing this at the Art Gallery of Alberta, which is a fantastic building, and it’s great to be able to support that as a part of a faculty of the University, LESA, and the Centre of Constitutional Studies. The last thing that I think is exciting about [the program] is that there is going to be a chance for networking afterwards and [to] discuss the topics a little more informally.”
Sneak Preview
Anna also gave us a sneak preview of her discussion topic.
I’m talking about a couple of decisions that came down in November [2015] from the Supreme Court of Canada, that had to do with whether or not a province could continue to deny a drivers’ license to somebody on the basis of an unpaid debt after that debt had been discharged in bankruptcy. … I’m taking that and thinking about what that decision tells us about the scope of protection and rehabilitation available to individuals in bankruptcy. … I’m particularly interested in the context of regulated professionals – your dentists, your lawyers, your doctors. … If they are subject to some sort of fine or costs award under the professional discipline legislation … does that then mean that they could discharge that in bankruptcy, and avoid any sort of license suspension arising as a result?”
Register Online
Don’t miss the opportunity to delve into a world where constitutional law and insolvency law overlap.
Register now to attend this program in Edmonton, June 9.
