Alberta Law Review Online Supplement

The Supreme Court Revisiting Corporate Accountability: BCE Inc. in search of a legal construct known as the “Good Corporate Citizen”

Jeffrey Bone

Abstract:

In the seminal corporate law case of BCE and Bell Canada, the Supreme Court stated that corporate directors must resolve to balance stakeholder interests “in accordance with their fiduciary duty to act in the best interests of the corporation, viewed as a good corporate citizen.”[1]  The initial reaction of the corporate and legal community to the BCE decision has been to suggest that the U.S. principle of maximizing shareholder value in a change of control situation is no longer the default rule. Beyond this principle, BCE has also introduced the progressive concept of the ‘good corporate citizen.’ The article questions whether this statement carries any legal import, or is merely an insignificant judicial remark of diminutive value.

Jeffrey Bone

Abstract:

In the seminal corporate law case of BCE and Bell Canada, the Supreme Court stated that corporate directors must resolve to balance stakeholder interests “in accordance with their fiduciary duty to act in the best interests of the corporation, viewed as a good corporate citizen.”[1]  The initial reaction of the corporate and legal community to the BCE decision has been to suggest that the U.S. principle of maximizing shareholder value in a change of control situation is no longer the default rule. Beyond this principle, BCE has also introduced the progressive concept of the ‘good corporate citizen.’ The article questions whether this statement carries any legal import, or is merely an insignificant judicial remark of diminutive value.

Reynolds' Review of International Law and Indigenous Knowledge: Intellectual Property, Plant Biodiversity and Traditional Medicine

Graham Reynolds*

Abstract:

Professor Graham Reynolds reviews Dr. Oguamanam’s book, International Law and Indigenous Knowledge: Intellectual Property, Plant Biodiversity and Traditional Medicine. The book discusses how traditional knowledge, specifically, indigenous plant-based therapies, can best be protected. Reynolds reflects on Oguamanam’s contention that intellectual property rights, a Western world system, may not be the best method of preserving and protecting traditional knowledge. Instead, a “cross-cultural” solution is proposed. This solution would be respectful of both Western and indigenous methods. By incorporating indigenous customs and practices into the solution for the preservation of traditional knowledge, Reynolds summarizes Oguamanam’s argument that the epistemic schism between indigenous and non-indiegnous knowledge systems will be overcome and traditional knowledge will be better preserved.

Graham Reynolds*

Abstract:

Professor Graham Reynolds reviews Dr. Oguamanam’s book, International Law and Indigenous Knowledge: Intellectual Property, Plant Biodiversity and Traditional Medicine. The book discusses how traditional knowledge, specifically, indigenous plant-based therapies, can best be protected. Reynolds reflects on Oguamanam’s contention that intellectual property rights, a Western world system, may not be the best method of preserving and protecting traditional knowledge. Instead, a “cross-cultural” solution is proposed. This solution would be respectful of both Western and indigenous methods. By incorporating indigenous customs and practices into the solution for the preservation of traditional knowledge, Reynolds summarizes Oguamanam’s argument that the epistemic schism between indigenous and non-indiegnous knowledge systems will be overcome and traditional knowledge will be better preserved.