1. The act or fact of repeated subtle change.
  2. The time during which observable variation or differentiation occurs.
  3. A catalogue of essays by Jon Milani.

An Express Contradiction: Moloney, 407 ETR, and Federal Paramountcy

In Alberta (Attorney General) v. Moloney and 407 ETR Concession Co. v. Canada (Superintendent of Bankruptcy), the Supreme Court of Canada considered the relationship between the discharge provisions of the Bankruptcy and Insolvency Act and provincial driver’s licensing regimes in Alberta and Ontario. Section 178 of the BIA provides for a discharge order, which ordinarily releases a bankrupt from all claims provable in bankruptcy. The provincial licensing regimes in Moloney and 407 ETR purported to deny driver’s licences on the basis of debts owed by drivers that had been discharged in bankruptcy.

In both cases, the Supreme Court resolved the paramountcy question in favour of the BIA.

The implications of Moloney and 407 ETR for the rehabilitative purpose of the BIA and the recovery of discharged debts under provincial regimes are better canvassed elsewhere. My present interest in the decisions is limited to the Supreme Court’s treatment of the impossibility of dual compliance branch of the paramountcy test.

Written by Jon Milani. Posted on January 16, 2017. Filed under Law. Tagged: , , , , .

Market Competition in the Retail Distribution of Alcohol in Saskatchewan

Most provinces in Canada maintain post-prohibition-era monopolistic controls over the importation and distribution (including pricing) of alcohol. Saskatchewan’s alcohol control is facilitated by the Saskatchewan Liquor and Gaming Authority (SLGA), a Treasury Board Crown Corporation. SLGA operates as the primary distributor and sole licensing agent for the sale of beverage alcohol in the province, either through direct operation of its liquor stores, or by rural franchisees operating on its behalf. Despite its monopolistic position in the market, SLGA has shown some interest in fostering market competition, in part by pursuing a public-private retail distribution model. Recent directives from the SaskParty suggest that SLGA will be mandated to pursue more competitive measures. However, the real extent of market competition remains constrained due both to limitations placed on the retail market by SLGA, especially by way of minimum pricing requirements, and because of its ostensible public policy mandate to deter alcohol consumption.

Written by Jon Milani. Posted on April 30, 2016. Filed under Economics. Tagged: , , , , , , , , .

The Curse of African Resource Abundance

Although much of the African continent possesses a myriad of natural resources, modest economic growth has come largely absent development. Much of the African continent experiences conditions of abject poverty, and in some countries poverty has increased in recent decades. Africa is experiencing the effects of a “resource curse”, where resource extraction actually contributes to conditions of poverty and stagnated development. In part the result of a “Dutch disease”, growth inhibited by resource extraction is multifaceted, involving government failures, unfair or opaque contracts by firms, and missed opportunities for sustainable reinvestment. Despite the challenges associated with contractual renegotiations and improving institutional competency, natural resource abundance in many African countries presents opportunities to pair economic growth with sustainable development.

Written by Jon Milani. Posted on July 25, 2013. Filed under Economics. Tagged: , , , , , , , .

Himmler’s Einsatzgruppen and the “Final Solution”: Systematic Extermination in the Warthegau Territory

On October 4, 1943, Heinrich Himmler gave a speech to Schutzstaffel Officers in Posen, Poland, where he spoke about the difficulties associated with the systematic extermination of European Jews demanded by the Nazi programme. While some historians attribute this “Final Solution” to the intentional outcome of early forms of antisemitism, others postulate its genesis was an undirected outcome in the evolution of increasingly radical antisemitic policies during the latter years of the Reich. Similarly, while many historians present Adolf Hitler as the architect of extermination, setting out specific policies, others suggest that a host of political, military, and bureaucratic institutions were responsible for producing a systematized genocide. Historians have even debated whether the “Final Solution” was initiated by an explicit “Führer Order.” Arguably, while Hitler authorized the measures that lead to the extermination of Jews in the east, he deferred responsibility for realizing its outcome to various Nazi officials and Reich institutions. Under these conditions, semi-autonomous entities including Himmler’s Einsatzgruppen contributed to the systematization of extermination in the Warthegau territory.

Written by Jon Milani. Posted on December 18, 2012. Filed under History. Tagged: , , , .


There is nothing here right now.

Written by Jon Milani. Posted on November 25, 2012. Filed under Uncategorized. Tagged: , , , .

Jon Milani © 2012-2017. All rights reserved. Some citations removed to prevent academic theft.