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The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn Oct 2014

The Judicial Regulation Of Lawyers In Canada, Amy Salyzyn

Dalhousie Law Journal

The question of whether Canadian lawyers ought to be trusted to govern themselves has been repeatedly raised by the public, policy-makers and the academy over the past several decades. The legal profession has responded on a number of fronts, adopting what has been characterized as a "regime of defensive self-regulation." The analysis in this article complements and complicates this account by arguing that, alongside the profession's efforts at defensive self-regulation, there has been a steady stream of aggressive judicial regulation. The central argument of this article is two-fold: first, that courts have come to occupy an increasingly active role as …


Fake It Till You Make It: Policymaking And Assisted Human Reproduction In Canada, Jocelyn Downie, Francoise Baylis, Dave Snow Jul 2014

Fake It Till You Make It: Policymaking And Assisted Human Reproduction In Canada, Jocelyn Downie, Francoise Baylis, Dave Snow

Research Papers, Working Papers, Conference Papers

The Assisted Human Reproduction Act AHR Act came into effect in 2004 The AHR Act stipulates in s12 that no reimbursement of expenditures incurred in the course of donating gametes maintaining or transporting in vitro embryos or providing surrogacy services is permitted except in accordance with the regulations and with receipts Ten years later Health Canada still has not drafted the regulations governing reimbursement Section 12 is therefore still not in force Health Canada and others have asserted that there is a Health Canada policy on reimbursement and that reimbursement with receipts is legally permissible We dispute the existence of …


Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens Apr 2014

Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens

Dalhousie Law Journal

This paper explores the relationship between the public's right to access records in the custody or under the control of the government with the oil and gas industry's need to protect its confidential information from disclosure. Focusing on practical issues, the authors review the law of confidence, the structure of the access to information legislation and related case law, the public policy considerations supporting same, and some of the risks and pitfalls that organizations can avoid if they consider such legislation when interacting with public bodies.