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Articles 1 - 30 of 61
Full-Text Articles in Law
Playing Politics With Refugees, Sean Rehaag, Audrey Macklin
Playing Politics With Refugees, Sean Rehaag, Audrey Macklin
Editorials and Commentaries
No abstract provided.
Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken
Legislation Won't Stop Asylum Seekers Using Human Smugglers, Sean Rehaag, Sharryn Aiken
Editorials and Commentaries
No abstract provided.
Some Facts And Figures From The Civil Justice System And The Public, Mary Stratton, James Cresswell, Scot Sehested
Some Facts And Figures From The Civil Justice System And The Public, Mary Stratton, James Cresswell, Scot Sehested
Canadian Forum on Civil Justice
The Civil Justice System and the Public (CJSP) was a collaborative research program founded on the belief that a lack of effective communication, both within the system and between the system and the public, is a significant barrier interfering with access to justice. The research involved both the public and the justice community in identifying changes in communication practice that will improve the system. The project goal was to make specific and clear recommendations for effective change that will ultimately improve access to the civil justice system by increasing the ability of the system to hear, involve, and respond to …
The Alberta Legal Services Mapping Project: Report For The Grande Prairie Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Grande Prairie Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
The Grande Prairie Judicial District is the tenth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
Public Legal Education And Information- The Challenging Mission To Create What The Public Needs, Mary Stratton
Public Legal Education And Information- The Challenging Mission To Create What The Public Needs, Mary Stratton
Canadian Forum on Civil Justice
Providing people with easy access to well designed and effective forms of information and education about legal rights and processes is essential to ensuring access to justice.
The Alberta Legal Services Mapping Project: Report For The Drumheller Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Drumheller Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
The Drumheller Judicial District is the ninth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The Wetaskiwin Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Wetaskiwin Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
The Wetaskiwin Judicial District is the eighth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multi-year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
The Alberta Legal Services Mapping Project: Report For The Edmonton Judicial District, Glynnis Lieb
The Alberta Legal Services Mapping Project: Report For The Edmonton Judicial District, Glynnis Lieb
Canadian Forum on Civil Justice
Edmonton is the sixth of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, multiyear endeavor, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather Mcleod-Kilmurray
Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather Mcleod-Kilmurray
Osgoode Hall Law Journal
The vast universe of chemicals in the Canadian environment is presently understood only poorly by science. For many thousands of chemicals, important data regarding chronic toxicity are lacking. As a result, the requirement that the plaintiff in a negligence action prove causation of illness on a but-for standard has frequently been unattainable. In Resurfice Corp. v. Hanke, the Supreme Court of Canada articulated an important exception to the but-for test. In circumstances where but-for causation is unprovable due to limits in scientific knowledge, proof that a defendant materially contributed to the plaintiff's risk of incurring the type of injury that …
From Scanning To Sexting: The Scope Of Protection Of Dignity-Based Privacy In Canadian Child Pornography Law, Andrea Slane
From Scanning To Sexting: The Scope Of Protection Of Dignity-Based Privacy In Canadian Child Pornography Law, Andrea Slane
Osgoode Hall Law Journal
The Canadian approach to privacy rights in one's body is embedded in the relationship between interests in privacy, bodily integrity, and human dignity. Clarifying these interests is complicated by Canada's middle-ground stance between the European "dignity-based" approach to privacy and the US "liberty-based" orientation. The Canadian approach is closer to the European model when intrusions upon the body are conceived as wholly or mostly non-consensual (e.g., strip searches, voyeurism, and most child pornography). However, once consent plays a potentially determinative rote, the US liberty-based approach gains ground. This reluctance to fully align dignity with privacy results in confusion about the …
Book Review: The Disenchantment Of Secular Discourse, By Steven D. Smith, Lorne Neudorf
Book Review: The Disenchantment Of Secular Discourse, By Steven D. Smith, Lorne Neudorf
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth
Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth
Osgoode Hall Law Journal
No abstract provided.
Book Review: From Coexistence To Conquest: International Law And The Origins Of The Arab-Israeli Conflict, 1891- 1949, By Victor Kattan, Michael Lynk
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple
Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Lawscape: Property, Environment, Law, By Nicole Graham, Maggie Chien
Book Notes: Lawscape: Property, Environment, Law, By Nicole Graham, Maggie Chien
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley
Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley
Osgoode Hall Law Journal
No abstract provided.
Book Notes: No Need Of A Chief For This Band: The Maritime Mi'kmaq And Federal Electoral Legislation, 1899-1951, By Martha Elizabeth Walls, Bronwyn Roe
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt
Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul
Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag
Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell
Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell
Osgoode Hall Law Journal
No abstract provided.
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Osgoode Hall Law Journal
Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a …
Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze
Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze
Osgoode Hall Law Journal
No abstract provided.
Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters
Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters
Osgoode Hall Law Journal
No abstract provided.
Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green
Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green
Osgoode Hall Law Journal
Interveners make submissions in about half of the cases heard by the Supreme Court of Canada, but the motivations for and consequences of the practice are not clearly understood. Considered broadly, there are at least three functions that the practice of intervention might perform. The first possibility is that hearing from interveners might provide objectively useful information to the Court (i.e., interveners might promote the "accuracy" of the Court's decision making). A second possibility is that the practice of intervention allows interveners to provide the "best argument" for certain partisan interests that judges might want to "affiliate" with. A third …
Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman
Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman
Osgoode Hall Law Journal
How extensive should the liability of an attorney acting under a "continuing power of attorney" be? Where the donor is capable, the question is not unduly complicated. However, where the donor is incapable and the attorney has an interest in the donor's estate, the question is more difficult. Attorneys acting on behalf of incapable donors should conduct themselves according to the highest standards of probity and fidelity in addition to performing their duties competently. Unexcused breach of the duty of care should result in compensation. For breach of fiduciary duty, restitution should be the norm rather than compensation. In the …
Chasing Reputation: The Argument For Differential Treatment Of Public Figures In Canadian Defamation Law, Bob Tarantino
Chasing Reputation: The Argument For Differential Treatment Of Public Figures In Canadian Defamation Law, Bob Tarantino
Osgoode Hall Law Journal
When comparing the seminal Supreme Court of Canada defamation decisions of the 1990s and 2000s, it is apparent that the Court's view on the importance of protecting reputation has changed. Recent decisions hail the importance of using freedom of expression as a countervailing interest against the oft-criticized strictures of the common law of defamation. Fundamental alterations in the nature of mass and interactive media and in the nature of reputation are two phenomena informing this change. Increased attention to the theorizing of "reputation," the interest whose protection animates the entire tort of defamation, reveals that reputation is itself a highly …
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Osgoode Hall Law Journal
There is a growing debate as to the relative merits and consequences of a shift to a more shareholder-centric corporate governance framework. How much "direct democracy" makes sense in corporate decision making? If power is to be transferred to shareholders, should responsibilities be imposed (and, if so, how)? These issues have long been addressed by courts and regulators in the context of unsolicited control transactions. In its recent Air Products & Chemicals v. Airgas decision, the Delaware Chancery Court canvassed the evolution of its law on this point and concluded that implicit in the power (and responsibility) of the board …
Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi
Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi
Osgoode Hall Law Journal
No abstract provided.