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The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman
The "Family" In The Work Of Madame Justice Wilson, Mary Jane Mossman
Articles & Book Chapters
No abstract provided.
Alberta Nurses V. A Contemptuous Supreme Court Of Canada, Judy Fudge, Harry Glasbeek
Alberta Nurses V. A Contemptuous Supreme Court Of Canada, Judy Fudge, Harry Glasbeek
Articles & Book Chapters
No abstract provided.
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Articles & Book Chapters
This article argues that the fiduciary relationship between Aboriginal peoples and the Crown is a special instance of a general doctrine of collective trust that animates the Canadian Constitution as a whole. This doctrine sheds light on the federal structure of Canada the unique status of Quebec, and the position of First Nations as a self-governing polities within Confederation. The article explores the origins and character of the constitutional trust, and considers its application to issues surrounding the inherent Aboriginal right ofself-government and Aboriginal land rights.
The High Cost Of Accepting Benefits From The Crown: A Comment On The Temagami Indian Land Case, Kent Mcneil
The High Cost Of Accepting Benefits From The Crown: A Comment On The Temagami Indian Land Case, Kent Mcneil
Articles & Book Chapters
On August 15, 1991, the Supreme Court of Canada handed down its decision in Bear Island Foundation v. The Queen:, ending a legal battle the Ontario government had been waging for nearly two decades against the Teme-Augama Anishnabai, an Algonkian First Nation inhabiting the Lake Temagami region of North-Eastern Ontario. The legal dispute began in 1973 when the Teme-Augama Anishnabai filed cautions in land titles offices in the region giving notice that they had Aboriginal title to lands which the province claimed as its own. Ontario commenced legal action to have the cautions removed, alleging that the Teme-Augama Anishnabai had …
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Articles & Book Chapters
This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …
Evaluating Rights Litigation As A Form Of Transformative Feminist Politics, Judy Fudge
Evaluating Rights Litigation As A Form Of Transformative Feminist Politics, Judy Fudge
Articles & Book Chapters
No abstract provided.
Commentary On "Adhesion To Canadian Indian Treaties And The Lubicon Lake Dispute", Kent Mcneil
Commentary On "Adhesion To Canadian Indian Treaties And The Lubicon Lake Dispute", Kent Mcneil
Articles & Book Chapters
No abstract provided.
Worker Participation In Health And Safety Regulation: Lessons From Sweden, Eric Tucker
Worker Participation In Health And Safety Regulation: Lessons From Sweden, Eric Tucker
Articles & Book Chapters
The toll capitalist production takes on the lives and health of workers has been, and continues to be one of its least acceptable features. For this reason, the labour movement and political parties seeking labour's support have often made reform of occupational health and safety regulation a major objective. In recent years, for example, the New Democratic Party in Ontario has vociferously criticized the failures of the governments of the day to protect adequately the workers in the province. Their recent electoral success provides a great opportunity to improve the work environment and to strengthen the ability of the labour …
Following Up On Interests: The Private Agreement Exemption In Ontario Securities Law, Mary Condon
Following Up On Interests: The Private Agreement Exemption In Ontario Securities Law, Mary Condon
Articles & Book Chapters
This paper uses insights from cultural theories of regulation and critical legal studies to argue that regulatory outcomes are not adequately explained by the activities of dominant interest groups. A more dynamic conception of the relationship between interests and ideas, especially legal ones, is required. Discursive shifts among languages of entrepreneurship, ownership, fairness, and market credibility are shown to be consequential for the outcome of the reform debate examined, not least because of the importance of these ideas, variously interpreted, in shaping the positions of interest groups.