Course:Law3020/2014WT1/Group O

Alberta v Elder Advocates of Alberta Society

Flag of Alberta [1]

Introduction

This Wiki page will provide a general overview of the case of Alberta v Elder Advocates of Alberta Society. The Case Brief will follow and at the bottom of the page you will find links to the pages that relate the facts of this case to different legal theorists.

Issues

1. Whether the disputed claims disclose a cause of action, assuming the facts pleaded to be true?
2. Whether principles of fiduciary duty applicable to private actors apply to governments?
3. Whether government owed fiduciary duty to patients?
4. Whether government breached s.15(1) (equality) of the Charter?

Please click on the links below to access the respective theoretical approach

-					Legal Perspectives		Legal Philosophers
A	Natural Law	Thomas Aquinas
B	Legal Positivism	John Austin, HLA Hart, Jeremy Bentham, Joseph Raz
C	Separation Theory	HLA Hart, Ron Fuller
D	System of Rights	Ronald Dworkin
E	Liberty and Paternalism	John Stuart Mill and Gerald Dworkin
F	Law as Efficiency	Susan Dimock
G	Feminist Jurisprudence	Patricia Smith and Catharine Mackinnon