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Articles 1 - 23 of 23
Full-Text Articles in Law
Breaking The Ice: The Canadian-American Dispute Over The Arctic's Northwest Passage, Nicholas Howson
Breaking The Ice: The Canadian-American Dispute Over The Arctic's Northwest Passage, Nicholas Howson
Nicholas Howson
No abstract provided.
Evidence: A Canadian Casebook, 2nd Edition, Hamish Stewart, Marilyn Pilkington, Renalda Murphy, Steven Penney, James Stribopoulos
Evidence: A Canadian Casebook, 2nd Edition, Hamish Stewart, Marilyn Pilkington, Renalda Murphy, Steven Penney, James Stribopoulos
Marilyn L. Pilkington
In most law school courses, the facts of the cases studied are taken as a given: the facts of they are presented as found by a trial court or tribunal or as understood by an appellate court. The law of evidence is concerned with how facts are established in legal proceedings. In most contested cases, the parties offer different versions of the facts. The law of evidence establishes rules and principles that govern how the parties may try to establish their versions of the facts, and the reasoning by which the trier may determine the facts. These materials are intended …
Evidence: A Canadian Casebook, 3rd Edition, Hamish Stewart, Renalda Murphy, Steven Penney, Marilyn Pilkington, James Stribopoulos
Evidence: A Canadian Casebook, 3rd Edition, Hamish Stewart, Renalda Murphy, Steven Penney, Marilyn Pilkington, James Stribopoulos
Marilyn L. Pilkington
Designed to meet the needs of second-year and third-year courses in evidence, the third edition of Evidence: A Canadian Casebook investigates the rules and principles that govern how facts are established in legal proceedings. The author team, consisting of well-respected scholars from a number of Canadian law schools, has developed a casebook that sets itself apart from other resources by weaving a single case study — inspired by an actual murder prosecution — throughout the entire text. At the end of each chapter, the authors introduce new developments in the case study, and students are asked to apply what they …
Copyright Law, David Vaver
Copyright Law, David Vaver
David Vaver
The explosive growth in communication technologies has put enormous strains on the law, no more so than on the law of copyright. In this book, David Vaver examines how the modern law of copyright and moral rights is coping with the new technologies. He provides a detailed, authoritative analysis of the most recent changes to the Copyright Act and their impact on copyright holders and users, including educational institutions, libraries, and archives. Copyright Law, like its companion volume Intellectual Property Law by the same author, is written in a lively non-technical style. It examines in greater depth than the earlier …
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos
François Tanguay-Renaud
In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …
Canadian Constitutional Law, Fourth Edition, Patrick Macklem, Carol Rogerson, Joel Bakan, Jean Leclair, John Borrows, Ian Lee, Sujit Choudhry, Richard Moon, Robin Elliot, R. C. B. Risk, Jean-François Gaudreault-Desbiens, Kent Roach, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Lorraine Weinrib
Canadian Constitutional Law, Fourth Edition, Patrick Macklem, Carol Rogerson, Joel Bakan, Jean Leclair, John Borrows, Ian Lee, Sujit Choudhry, Richard Moon, Robin Elliot, R. C. B. Risk, Jean-François Gaudreault-Desbiens, Kent Roach, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Lorraine Weinrib
Bruce B. Ryder
In its 4th edition, Canadian Constitutional Law continues to offer a truly national perspective — drawing on an editorial team that is rich with regional, linguistic, and scholarly diversity. This edition remains true to the structure and purposes of previous editions, especially with regard to the editors’ commitment to the idea that understanding constitutional history is critical to comprehending the present and future of Canadian constitutional law.
Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva
Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva
Benjamin Geva
No abstract provided.
The Politics Of Abortion, Janine Brodie, Shelley Gavigan, Jane Jenson
The Politics Of Abortion, Janine Brodie, Shelley Gavigan, Jane Jenson
Shelley A. M. Gavigan
The United States and Ireland are not the only places where the abortion rights debate currently exists. This book represents the collaboration of three established scholars (two political scientists and one lawyer) to document and analyze the abortion saga in Canada from the legalization of therapeutic abortions in 1969 to the debates over new legislation in 1990. Through the integration of political, legislative, and constitutional dimensions of the issue, this work examines the evolution of abortion policy in Canada.
Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan
Regulating Sex: An Anthology Of Commentaries On The Findings And Recommendations Of The Badgley And Fraser Reports, John Lowman, Margaret Jackson, Ted Palys, Shelley Gavigan
Shelley A. M. Gavigan
"This anthology contains 12 papers that explain and critique Canada's Badgley and Fraser Reports, which present research findings and recommendations pertaining to the definition and regulation of sexual behavior and sexual imagery in Canadian society. The opening paper reviews the Federal Government's formal reaction to the reports it commissioned, including an overview of the reports and a summary and evaluation of existing sexual-offense legislation. A paper by a member of the Badgley Committee discusses major criticisms of the report, and a paper by a member of the Fraser Committee describes the philosophy and procedures of the committee. Critiques of the …
The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos
The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos
Jamie Cameron
When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.
Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos
Unsettled Legacy: Thirty Years Of Criminal Justice Under The Charter, Benjamin Berger, James Stribopoulos
Benjamin L Berger
After thirty years, what effect has the Charter had on the justness of the Canadian criminal justice system? This thought-provoking collection of essays by a group of leading criminal law scholars explores that very question, critically examining the ways in which the Charter has shaped Canadian criminal law and its administration. Edited by Professors Benjamin L. Berger and James Stribopoulos of Osgoode Hall Law School, these essays offer insight into every facet of the Charter's influence over how crimes are defined, investigated and prosecuted. The result is an invaluable resource for scholars, practitioners and judges interested in criminal justice in …
The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck
The Grand Experiment Law And Legal Culture In British Settler Societies, Hamar Foster, Benjamin Berger, A. Buck
Benjamin L Berger
In the late nineteenth century, the English legal historians Frederick Pollock and F.W. Maitland coined the phrase "the grand experiment" to describe the spread of English law throughout the British Empire. For Pollock and Maitland, this was an unequivocally positive process that would uplift settler societies. The work of recent legal historians, however, has alerted us to the more complex impact English law had on the peoples, both settler and indigenous, of those colonial societies. This "new colonial legal history" has revealed subtle and more ambiguous understandings of "the grand experiment." The essays in this volume reflect the exciting new …
Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos
Criminal Law And Procedure: Cases And Materials, 10th Edition, Kent Roach, Benjamin Berger, Patrick Healy, James Stribopoulos
Benjamin L Berger
Building on Martin Friedland's acclaimed and innovative course materials, this new edition of Criminal Law and Procedure provides a valuable teaching tool for introductory courses on criminal law and criminal justice. Students are provided with an overview of the entire criminal process, from police investigation to sentencing.
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Bita Amani, Carys Craig
Trade-Marks And Unfair Competition Law In Canada: Cases And Commentary, Bita Amani, Carys Craig
Carys Craig
This text offers a thorough and accessible survey of the Canadian law of trade-marks and unfair competition. The legal protection afforded by statutory and common law to brands, logos, and "source-identifiers" in the marketplace is a significant and growing area of concern. Trade-marks are often among a business's most valuable assets, making trade-mark law a vital component of any corporate or commercial practice. The Amani-Craig collaboration produces a timely and current volume that comprehensively covers the law and jurisprudence on trade-mark protection in Canada, providing background and comparative discussion where relevant, and offering insightful commentary to facilitate reader comprehension.
Copyright: Cases And Commentary On The Canadian And International Law, Second Edition, Barry Sookman, Steven Mason, Carys Craig
Copyright: Cases And Commentary On The Canadian And International Law, Second Edition, Barry Sookman, Steven Mason, Carys Craig
Carys Craig
Copyright law grants exclusive rights for limited terms to the authors of musical, literary, dramatic and artistic works. With the shift towards an information economy and the rapid development of digital technologies, copyright is fast becoming one of the most dynamic, critical and controversial areas of Canadian law and policy. This casebook presents extracts from the leading cases from both Canadian and international jurisprudence to illustrate the legal concepts, doctrinal evolution and current approaches to copyright issues. The revised second edition reflects the important case law and statutory amendments that have taken place over the past five years, including the …
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by self-employed workers and create huge impediments for unions attempting to organize them. Through case studies of newspaper carriers, rural route mail couriers, personal care workers, and freelance editors - four groups who have …
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
Eric M. Tucker
On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to an Ontario statute on the grounds that it violated agricultural workers’ freedom of association and right to equality by excluding them from the statutory protection that is available to virtually all other private sector workers and by failing to provide them with alternative legislative support for meaningful and effective collective bargaining rights. Although the Court upheld the constitutionality of the legislation …
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Eric M. Tucker
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners …
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Eric M. Tucker
Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal …
Property On Trial: Canadian Cases In Context, James Muir, Eric Tucker, Bruce Ziff
Property On Trial: Canadian Cases In Context, James Muir, Eric Tucker, Bruce Ziff
Eric M. Tucker
Property on Trial is a collection of 14 studies of Canadian property law disputes — some well-known, some more obscure — that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to …
Canadian Constitutional Law, Fourth Edition, Patrick Macklem, Carol Rogerson, Joel Bakan, Jean Leclair, John Borrows, Ian Lee, Sujit Choudhry, Richard Moon, Robin Elliot, R. C. B. Risk, Jean-François Gaudreault-Desbiens, Kent Roach, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Lorraine Weinrib
Canadian Constitutional Law, Fourth Edition, Patrick Macklem, Carol Rogerson, Joel Bakan, Jean Leclair, John Borrows, Ian Lee, Sujit Choudhry, Richard Moon, Robin Elliot, R. C. B. Risk, Jean-François Gaudreault-Desbiens, Kent Roach, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Lorraine Weinrib
Sujit Choudhry
In its 4th edition, Canadian Constitutional Law continues to offer a truly national perspective — drawing on an editorial team that is rich with regional, linguistic, and scholarly diversity. This edition remains true to the structure and purposes of previous editions, especially with regard to the editors’ commitment to the idea that understanding constitutional history is critical to comprehending the present and future of Canadian constitutional law.
[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin
[Review Of The Book Unions And Workplace Change In Canada], Alexander Colvin
Alexander Colvin
[Excerpt] Some leading unions in Canada are notable for the diversity of their responses to workplace change. These unions' policies and strategies, which range from the Steelworkers' (USWA) bold experiment in employee ownership and co-determination at Algoma Steel to the Autoworkers' (CAW) activist response to the pressures of the Japanese production and management systems at the CAMI auto plant, have produced significant variation in change processes and outcomes. This range of activity by Canadian unions in response to workplace change provides a fertile area for study by industrial relations researchers, as well as important challenges for policy makers and practitioners …
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
The Protection Of Rights Management Information: Modernization Or Cup Half Full?, Mark Perry
Mark Perry
Many papers in this collection discuss the history and development of Bill C-32, An Act to Amend the Copyright Act, introduced into the Canadian Parliament on 2 June 2010, so that analysis will not be duplicated here. Among the failures of copyright reform has been the lack of addressing the required “balancing” of proprietary rights on the one hand, with user rights and the public domain on the other. Rights Management Information (RMI) can aid in this balancing. The RMI of a work is simply data that provide iden- tification of rights related to that work, either directly or indirectly. …