Malcolm Lavoie

Assistant Professor, University of Alberta, Faculty of Law

Malcolm Lavoie is an Assistant Professor at the University of Alberta Faculty of Law. His research deals primarily with property law, Aboriginal law, and the intersection between private law and constitutional law. Prof. Lavoie holds a B.A. (Hons.) in Economics from the University of British Columbia; an M.Sc. (Distinction) in Political Theory from the London School of Economics; B.C.L. and LL.B. degrees from the McGill University Faculty of Law; and an LL.M. from Harvard Law School. He served as a law clerk for the Hon. Justice Frans Slatter of the Alberta Court of Appeal (2012-2013) and later for the Hon. Justice Rosalie Abella of the Supreme Court of Canada (2013-2014). Prof. Lavoie is currently a candidate for the Doctor of Juridical Science (S.J.D.) degree at Harvard, where he has been a Frank Knox Memorial Fellow, Fulbright Scholar, Weatherhead Center Graduate Research Fellow, and Project on the Foundations of Private Law Fellow. He is a member of the Bar of Alberta and has argued before the Supreme Court of Canada. Prof. Lavoie was a recipient of the 2017 Canadian Association of Law Teachers (CALT) Scholarly Paper Award, as well as the 2015 Harvard Project on the Foundations of Private Law Writing Prize. His research has appeared in numerous publications and has been cited by the Supreme Court of Canada.

Recent Research by Malcolm Lavoie

— Sep 24, 2015
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Mining and Aboriginal Rights in Yukon

Mining and Aboriginal Rights in Yukon: How Certainty Affects Investor Confidence finds that the legal certainty established by modern land claim agreements in Yukon — once seen as an advantage in attracting new investment — is now being undermined by Canadian courts. Specifically, the courts have forced unforeseen obligations upon governments and third-parties, beyond the requirements already spelled out in modern treaties, thus leading to a decline in investor confidence. The study warns that Yukon’s experience could be a harbinger of uncertainty right across the country and particularly British Columbia.