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Articles 1 - 30 of 76
Full-Text Articles in Entire DC Network
Dialogue And Hierarchy In Charter Interpretation: A Comment On R. V. Mills, Jamie Cameron
Dialogue And Hierarchy In Charter Interpretation: A Comment On R. V. Mills, Jamie Cameron
Articles & Book Chapters
This case comment focuses on two issues of methodology: the first concerns constitutional interpretation and the democratic process, or the dialogue issue, and the second, the relationship between Charter guarantees, or the hierarchy issue. To set the stage, an initial section provides an overview of the Stinchcombe/O'Connor/Mills trilogy, and is followed by a more detailed analysis of Mills that examines the tension between judicial and legislative decision making, before considering how Parliament and the Court altered O'Connor's model for balancing the rights of the accused and complainants. On the latter issue, though the article does not comment in detail on …
The Law And Politics Of "Might": An Internal Critique Of Hutch's Hopeful Hunch, Richard F. Devlin
The Law And Politics Of "Might": An Internal Critique Of Hutch's Hopeful Hunch, Richard F. Devlin
Osgoode Hall Law Journal
No abstract provided.
South African Cricketers, Nazi Judges, And Other Thoughts On (Not) Playing The Game, David Fraser
South African Cricketers, Nazi Judges, And Other Thoughts On (Not) Playing The Game, David Fraser
Osgoode Hall Law Journal
No abstract provided.
Euthanasia And Assisted Suicide In The Post-Rodriguez Era: Lessons From Foreign Jurisdictions, Michael Cormack
Euthanasia And Assisted Suicide In The Post-Rodriguez Era: Lessons From Foreign Jurisdictions, Michael Cormack
Osgoode Hall Law Journal
Euthanasia and assisted suicide are highly controversial subjects that have drawn much attention in Canada over the last two decades. This paper outlines how the Netherlands, the United States, Australia, and Canada have approached the practices. Jurisprudence, public opinion polls, legislative developments, and the positions of medical organizations and their members are included in the analysis. A number of arguments for and against the continued prohibition of the practices in Canada are evaluated. As well, information regarding the extent to which euthanasia and assisted suicide are performed in these countries is assessed. It will be shown that Canadians currently enjoy …
Race And The Australian Constitution: From Federation To Reconciliation, George Williams
Race And The Australian Constitution: From Federation To Reconciliation, George Williams
Osgoode Hall Law Journal
The framing of the Australian Constitution initiated a pattern of discrimination against Australia's Indigenous peoples. They were cast as outsiders to the nation brought about in 1901. This pattern was broken in 1967 by the deletion of the discriminatory provisions from the Constitution. Today, there is strong community support in Australia for the reconciliation process, which would involve recognition of Indigenous peoples as an integral and unique component of the Australian nation. However, this has yet to be translated into substantive legal outcomes. The author analyses the interaction of issues of race and the Australian Constitution as it has affected …
Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Anonymous
Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Anonymous
Osgoode Hall Law Journal
No abstract provided.
Adjudication As Sport: Rhetoric Astray?, Frank I. Michelman
Adjudication As Sport: Rhetoric Astray?, Frank I. Michelman
Osgoode Hall Law Journal
No abstract provided.
Gender On The Line: Technology, Restructuring And The Reorganization Of Work In The Call Centre Industry, Policy Report, Ruth Buchanan, Sara Koch-Schulte
Gender On The Line: Technology, Restructuring And The Reorganization Of Work In The Call Centre Industry, Policy Report, Ruth Buchanan, Sara Koch-Schulte
Commissioned Reports, Studies and Public Policy Documents
This project, a case study of the emerging call centre industry in Canada, examines the impacts of restructuring on those in the lower tiers of the labour market. The first stage of the study surveyed managers at call centres in three sites in Canada: New Brunswick (St. John, Moncton and Fredericton), Winnipeg, Manitoba, and Toronto, Ontario. Issues surveyed included types of call centre applications, labour force composition (age, gender, race and disability), wage rates, hiring, training and promotion. The survey results clearly established that women and youth make up the majority of the call centre work force across Canada. The …
Symposium: It's All In The Game: A Nonfoundationalist Account Of Law And Adjudication, By Allan Hutchinson, Lisa Philipps
Symposium: It's All In The Game: A Nonfoundationalist Account Of Law And Adjudication, By Allan Hutchinson, Lisa Philipps
Osgoode Hall Law Journal
In this issue, the Osgoode Hall Law Journal presents a special symposium of review-essays on Allan Hutchinson's book, It's All in the Game: A Non-foundationalist Account of Law and Adjudication. A member of the faculty of Osgoode Hall Law School since 1978, Professor Hutchinson is well known internationally for his rich and provocative contributions to the literature of Critical Legal Studies. In numerous books, articles, and essays, he has challenged us to think harder about a wide span of issues in tort, constitutional law, jurisprudence,professional responsibility, judicial independence, law and post-modernism, and other fields. The review-essays that follow are written …
The Dissenting Opinion: Voice Of The Future?, Claire L'Heureux-Dube
The Dissenting Opinion: Voice Of The Future?, Claire L'Heureux-Dube
Osgoode Hall Law Journal
Madame Justice L'Heureux-Dubé explores the history and the role of dissenting opinions in Canadian law. She argues that dissents contribute to the development of the law through their prophetic potential. Dissents are also fundamental elements of judicial discourse, serving to safeguard the integrity of the decisionmaking process and judicial independence. The Canadian legal tradition, like its American counterpart, provides numerous examples of why, in 1951, future Chief Justice Bora Laskin praised the "precious right" to dissent. Unanimity is not indispensable for judicial legitimacy or legal stability. In fact, the presence of judicious dissents can portray the true complexity of legal …
Book Review: Courting The Right - Review Of: The Charter Revolution And The Court Party, By Ted Morton And Rainer Knopff, Lorne Sossin
Book Review: Courting The Right - Review Of: The Charter Revolution And The Court Party, By Ted Morton And Rainer Knopff, Lorne Sossin
Osgoode Hall Law Journal
No abstract provided.
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Poor Canadian Legal Education: So Near To Wall Street, So Far From God, Harry W. Arthurs
Osgoode Hall Law Journal
The recent appearance of recruiters from Wall Street firms at several Canadian law schools, and the recent hiring by American law schools of several mid-career Canadian law professors, has created a "moral panic" as journalists, academics and law firms have expressed great concern over the loss of Canada's "best and brightest" to the United States. Properly understood as part of a larger debate about globalization and regional economic integration, these developments are less important in themselves than for what they reveal about the present and future of the Canadian state, and the Canadian business community, legal profession and universities.
A Legal And Psychological Critique Of The Present Approach To The Assessment Of The Competence Of Child Witnesses, Nicholas Bala, Kang Lee, Rod Lindsay, Victoria Talwar
A Legal And Psychological Critique Of The Present Approach To The Assessment Of The Competence Of Child Witnesses, Nicholas Bala, Kang Lee, Rod Lindsay, Victoria Talwar
Osgoode Hall Law Journal
The Canada Evidence Act requires an inquiry to determine whether a child has the requisite moral and intellectual capacity to testify. Caselaw suggests that a child must demonstrate an understanding of abstract concepts like "truth" and "promise" to be competent to testify. This article reports on a survey of Ontario justice system professionals, revealing significant variation in how judges conduct competency inquiries. Children are often asked about religious beliefs and practices, and are frequently asked developmentally inappropriate questions. The authors also report on their experimental research which indicates that children's ability to explain such abstract concepts as "truth," "lie," and …
Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown
Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown
Osgoode Hall Law Journal
This article examines the substantial differences that emerged during the nineteenth century between the law of England, the United States, and Canada regarding challenges for cause, stand-asides, and peremptory challenges in the jury selection process. The author argues that these differences stemmed from the unique social conditions of each country. The emergence of legal formalism-with its emphasis on certainty and predictability in the law-affected the development of jury challenges, though the result of formalist thinking had very different effects in all three jurisdictions. In addition, Canadian law regarding jury challenges reveals the influence of both American and English legal trends.
Book Review: Race And Canadian Legal History - Reviews Of: "Race," Rights And The Law In The Supreme Court Of Canada, By James W. St. G. Walker; Colour-Coded: A Legal History Of Racism In Canada, 1900-1950, By Constance Backhouse, Benjamin Berger
Osgoode Hall Law Journal
No abstract provided.
Preface, Janet Walker
Jean-Gabriel Castel: An Appreciation, Harry W. Arthurs
Jean-Gabriel Castel: An Appreciation, Harry W. Arthurs
Osgoode Hall Law Journal
No abstract provided.
Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black
Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black
Osgoode Hall Law Journal
A notable omission from the legal apparatus for international free trade is a multilateral agreement on court jurisdiction and enforcement of foreign country judgments. However, negotiations toward such an international convention are in progress. This paper explores the background to those discussions. It examines the current draft of the proposed judgments convention with particular reference to the way in which implementation of that draft would affect Canadians engaged in the practice of international commercial litigation. It concludes with a discussion of current sticking points in the negotiations, and with commentary on the judgment enforcement scene and the implications of failure …
Réflexions Sur La Codification Du Droit Privé, Paul-A. Crepeau
Réflexions Sur La Codification Du Droit Privé, Paul-A. Crepeau
Osgoode Hall Law Journal
Within the framework of a broader research into the sources of the civil law of obligations, the author starts, here, from the historical fact that, on the one hand, the private law of Québec constitutes, since 1866, and contrary to the common law, an essentially legislated system, in the form of a Civil Code enacted in the French civilian tradition, and that, on the other hand, that form was maintained in the 1994 new Civil Code of Quebec. In reflecting on the method of codification, on the basis of various definitions of the term code, the author presents and analyzes …
The Rome Statute On The International Criminal Court: From 1947-2000 And Beyond, Sharon A. Williams
The Rome Statute On The International Criminal Court: From 1947-2000 And Beyond, Sharon A. Williams
Osgoode Hall Law Journal
On 17 July 1998 the International Criminal Court Statute was adopted in Rome by the United Nations Diplomatic Conference of Plenipotentiaries. It will become operative once sixty states have ratified. It will have subject matter jurisdiction over genocide, war crimes, crimes against humanity and in the future aggression once an appropriate definition has been agreed upon. It is the culmination of work that began in United Nations history in 1947. Its intent is to replace the cycle of impunity for some of the most heinous international crimes with accountability. The philosophical and practical underpinnings of the ICC are deterrence, prosecution …
"Are We There Yet?": Towards A New Rule For Choice Of Law In Tort, Janet Walker
"Are We There Yet?": Towards A New Rule For Choice Of Law In Tort, Janet Walker
Osgoode Hall Law Journal
The Supreme Court's effort to establish certainty in this area by basing a firm rule on a clear theory has failed. The intention was laudable but the proposed theory bore little relation to the courts' adjudicative concerns; and the rule sometimes produced injustice, prompting courts to circumvent it. This article considers the brief history of choice of law in tort and recent developments in common law and civil law jurisdictions, and suggests a new theory and a new rule (based on principles of tort law rather than public international law) which are likely to increase certainty by promoting fairness.
2000-2005 Strategic Plan: Osgoode Plan For The Law School, Peter W. Hogg
2000-2005 Strategic Plan: Osgoode Plan For The Law School, Peter W. Hogg
Strategic Plans
No abstract provided.
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
The Gender Of Genetic Futures: The Canadian Biotechnology Strategy, Women And Health, Roxanne Mykitiuk, Fiona Miller, Lorna Weir
All Papers
No abstract provided.
Doing The Rules: An Assessment Of The Federal Clarity Act In Light Of The Quebec Secession Reference, Patrick Monahan
Doing The Rules: An Assessment Of The Federal Clarity Act In Light Of The Quebec Secession Reference, Patrick Monahan
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Brian Slattery
No abstract provided.
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Making Sense Of Aboriginal And Treaty Rights, Brian Slattery
Articles & Book Chapters
This paper proposes a basic framework for understanding the decisions of the Supreme Court of Canada relating to aboriginal and treaty rights. It argues that the foundations of these rights lie in the common law doctrine of aboriginal rights, which originated in ancient custom generated by historical relations between the Crown and indigenous peoples, as informed by basic principles of justice. This sui generis doctrine is par t of the common law of Canada and operates uniformly across the country, it also provides the context for interpreting section 35(1) of the Constitution Act, 1982. The doctrine of aboriginal rights has …
Aboriginal Title And Section 88 Of The Indian Act, Kent Mcneil
Aboriginal Title And Section 88 Of The Indian Act, Kent Mcneil
Articles & Book Chapters
No abstract provided.
Adjudicating Constitutional Priorities In A Transnational Context: A Comment On Soobramoney’S Legacy And Grootboom’S Promise, Craig Scott, Philip Alston
Adjudicating Constitutional Priorities In A Transnational Context: A Comment On Soobramoney’S Legacy And Grootboom’S Promise, Craig Scott, Philip Alston
Articles & Book Chapters
This article discusses the first two social rights cases to go to the Constitutional Court under the 1996 Constitution. Soobramoney v Minister of Health, KwaZulu-Natal 1998 (I) SA 765 (CC) involved a claim ofa breach of the right to health care brought by one person pursuant to s 27 of the Bill of Rights. Grootboom v Oostenburg Municipality 2000 (3) BCLR 277 (C) involves a claim of breaches of rights to housing or shelter brought by some 900 persons under ss 26 and 28. The article seeks to demonstrate why the Court's judgment in Soobramoney would be problematic if replicated …
Panhandling For Change In Canadian Law, Dina Graser
Panhandling For Change In Canadian Law, Dina Graser
Journal of Law and Social Policy
No abstract provided.
Baker V. Canada (Minister Of Citizenship And Immigration) And The Rights Of Children, Sharryn Aiken, Sheena Scott
Baker V. Canada (Minister Of Citizenship And Immigration) And The Rights Of Children, Sharryn Aiken, Sheena Scott
Journal of Law and Social Policy
No abstract provided.