Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (15)
- Law and Society (14)
- Tax Law (5)
- Criminal Law (4)
- Human Rights Law (4)
-
- Law and Gender (4)
- Business Organizations Law (3)
- Constitutional Law (3)
- Environmental Law (3)
- Immigration Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Intellectual Property Law (2)
- International Law (2)
- International Trade Law (2)
- Privacy Law (2)
- Property Law and Real Estate (2)
- Securities Law (2)
- Sexuality and the Law (2)
- Administrative Law (1)
- Agriculture Law (1)
- Biodiversity (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Evidence (1)
- International Humanitarian Law (1)
- Legal Profession (1)
- Keyword
-
- Biodiversity (1)
- Canada; Charter of Rights and Freedoms; Section 15; Equality Rights (1)
- Canada; Criminal law; Homicide; Family violence; spousal homicide; femicide Sentencing (1)
- Canada; Securities law; Class actions; Comparative law; Director liability; Director & Officer Insurance (1)
- Canada; Uniform Electronic Evidence Act; Law of Evidence; Digital records (1)
-
- Canada; criminal law; sexual assault; intoxication; incapacity; involuntariness; consent; proof; sex equality (1)
- Character (1)
- Charities; Terrorism (1)
- China (1)
- Chinese taxation; permanent establishment; Enterprise Income Tax (1)
- Civil unions (1)
- Convention on Biological Diversity (1)
- Corporations (1)
- Destabilization rights; property; Unger; Berle; derivatives; legal theory (1)
- Environmental Contracts (1)
- Fair use; copyright; digital; Copyright Act; Bill C-32; expression; copyright infringement; transformative use (1)
- Fisheries; Indigenous people; Aboriginal and treaty rights; Canada (1)
- Forced marriage; human rights; refugee law; persecution; gender; sexuality (1)
- Foreign Entities (1)
- Gay rights (1)
- Human Trafficking; Canada; Slavery; Victims (1)
- Human rights (1)
- IP (1)
- ISO 26000; Sphere of Influence; John Ruggie; Social Responsibility; Business and Human Rights; International Organization for Standardization; United Nations Global Compact; ISO 14001 (1)
- Incrementalism (1)
- International Treaties (1)
- Investment Arbitration; Backlash; Discontent; Critiques (1)
- Land; Title registration; Torrens system; Legal history; Canada; Australia (1)
- Marriage (1)
- Mining (1)
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Law
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
Canadian Journal of Family Law
Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act ("AHRA") does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the …
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Canadian Journal of Family Law
This paper explores the impact of laws regarding assisted conception and the discriminatory effect these laws have in light of non-traditional family forms. Specifically, it considers the Processing and Distribution of Semen for Assisted Conception Regulations and how these regulations serve to exclude certain individuals who do not fit into the "traditional" nuclear family model. The author critiques the judgement of Susan Doe v. Attorney General of Canada and calls for legislative reform in order for the laws to accurately reflect realities of the family in the 21st century.
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Canadian Journal of Family Law
Self-represented litigants are becoming an epidemic in the B.C. provincial court system. Litigants who lack legal training and knowledge about the formalities of the court often slow and disrupt the justice system. The cuts to legal aid and the Supreme Court of Canada decision in Christie have contributed to this epidemic. The purpose of this paper is to discuss some of the challenges that self-represented litigants pose to the family law justice system. The erosions to legal aid funding and services have had a disproportionately negative effect on women. It has forced women to become self-represented litigants, resulting in women's …
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Canadian Journal of Family Law
No abstract provided.
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Canadian Journal of Family Law
Le présent article propose une analyse des récentes décisions des tribunaux québécois en matière de maternité de substitution. La jurisprudence interprète de façon très différente l'article 541 du Code civil, qui déclare nulles les conventions de maternité pour autrui. Mais semble se dessiner un courant en faveur d'une telle pratique, ce qui rejoint l'état du droit dans les provinces canadiennes. Le législateur devra donc clarifier les paramètres de la pratique des mères porteuses, puisque trop de questions sont laissées en suspend par les décisions récentes. L'auteure dénonce le discours d'égalité et d'altruisme présenté comme fondement à cette pratique. À …
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Canadian Journal of Family Law
This paper empirically investigates how lawmakers navigate family law's contested terrain. Using Alberta's newest child welfare law, the Child, Youth and Family Enhancement Act (2004) as a case, I explain the discursive strategies used to pass this unique law through a socio-political context dominated by political rationalities with partially divergent ideas of "family." Analysis reveals two dominant discursive strategies. The first creates a discursive framework that expels welfarist rationalities and centers tensional neoliberal and neoconservative logics. The second navigates the tensions between neoliberal and neoconservative images of family by constituting the content of families as autonomous and responsible while leaving …
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
Canadian Journal of Family Law
No abstract provided.
One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson
One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson
Canadian Journal of Family Law
Understanding the differences between family cases and other types of litigation is essential for an appropriate response to family disputes. Judges have a role in family cases that markedly differs from the traditional judicial role. The authors argue that an effective and accessible family justice system requires pre-trial and post-trial case management by a single judge, an approach to family justice reflected in the slogan: "One judge for one family." Judges should have the necessary knowledge, skills, and training needed to resolve family disputes and to help effect changes in parental behaviours and attitudes, as well as the willingness to …
Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers
Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers
Canadian Journal of Family Law
Overwhelmingly, Canadian-born children relinquished for newborn adoption have been born to unmarried mothers. Under provincial adoption acts, in cases of "illegitimacy" only the mother's consent was necessary for a child to be eligible for adoption. Since adoption statutes were introduced, however, the distinctions between those born within and outside of marriage have been eliminated at law. Provincial legislation now recognizes a wide range of unmarried men as fathers, lists circumstances under which paternity will be presumed and provides for the use of genetic testing. But this raises significant questions in the context of newborn adoption. Whose consent is required to …
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Canadian Journal of Family Law
After briefly reviewing laws on surrogate motherhood in Canada, the United States, and Britain, the authors consider nearly 40 empirical research studies on the characteristics and experiences of women who have been surrogate mothers. Empiricism meets feminist theory as we revisit arguments against surrogacy arrangements, including the inability to give informed consent, the inherently exploitative nature of the arrangements, and the dangers of commodification. In light of our observations based on the empirical research, we argue that it may be time to review Canadian surrogacy laws.
Forced Marriage And The Exoticization Of Gendered Harms In United States Asylum Law, Jenni Millbank, Catherine Dauvergne
Forced Marriage And The Exoticization Of Gendered Harms In United States Asylum Law, Jenni Millbank, Catherine Dauvergne
All Faculty Publications
While claims of forced marriage or pressure to marry represent only a tiny portion of refugee claims overall, they provide an illuminating sliver reflecting the major recurring themes in gender and sexuality claims from recent decades. Refusal to marry is a flashpoint for expressing non-conformity with expected gender roles for heterosexual women, lesbians and gay men. This paper presents results from our study of 168 refugee decisions from Australia, Canada, the United Kingdom and the United States where part of the claim for refugee protection concerned actual or threatened forced marriage. In the present discussion, we highlight our findings from …
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
All Faculty Publications
The Aboriginal peoples of Canada stand in a different legal relationship to the fisheries than non-Aboriginal Canadians. They do so by virtue of a long history with the fisheries that precedes non-Aboriginal settlement in North America, and because of the constitutional entrenchment of Aboriginal and treaty rights in Canadian law. This article describes the characterizations of Aboriginal and treaty rights to fish in Canadian law and discusses what it means for rights characterized in terms of food fishing, commercial fishing, and fishing to support a moderate livelihood, to receive constitutional protection. The article then problematizes these characterizations and suggests that …
Book Review Of The Law Of The Land: The Advent Of The Torrens System In Canada, By Greg Taylor (Toronto: Osgoode Society For Canadian Legal History, 2008), Douglas C. Harris
Book Review Of The Law Of The Land: The Advent Of The Torrens System In Canada, By Greg Taylor (Toronto: Osgoode Society For Canadian Legal History, 2008), Douglas C. Harris
All Faculty Publications
Systems for recording interests in land are not the subject of much public interest or concern in Canada. Occasionally a sympathetic victim of egregious fraud receives some media attention, but generally the land system operates quietly in the background. This has not always been so, and Greg Taylor's history of Torrens or title registration in Canada reveals a nineteenth century during which the merits and limitations of the common law, deeds registration, and title registration systems were vigorously and publicly debated. Eventually, title registration based on a model first developed in South Australia would prevail in the provinces and territories …
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
Religion-Based Claims For Impinging On Queer Citizenship, Bruce Macdougall, Donn Short
All Faculty Publications
Competing claims for legal protection based on religion and on sexual orientation have arisen fairly frequently in Canada in the past decade or so. The authors place such competitions into five categories based on the nature of who is making the claim and who is impacted, the site of the competition, and the extent to which the usual legal and constitutional norms applicable are affected. Three of the five categories identified involve a claim that a religion operate in some form in the public area so as to impinge on the usual protection of equality on the basis of sexual …
Electronic Records And The Law Of Evidence In Canada: The Uniform Electronic Evidence Act Twelve Years Later, Luciana Duranti, Corinne M. Rogers, Anthony F. Sheppard
Electronic Records And The Law Of Evidence In Canada: The Uniform Electronic Evidence Act Twelve Years Later, Luciana Duranti, Corinne M. Rogers, Anthony F. Sheppard
All Faculty Publications
This article analyzes the adequacy of The Uniform Electronic Evidence Act, twelve years after its adoption, in dealing with the complexity of the records created, used, or stored in the digital environment. In the face of rapidly changing technology, the authors believe that the nature and characteristics of electronic records cannot be accounted for by simple modifications to the existing law of evidence, but require a new enactment following upon a close collaboration among records professions, legal and law enforcement professions, and the information technology profession. The new rules, comprehensively encompassing issues of relevance, admissibility, and weight of electronic documentary …
The Psychology Of Good Character, Alice Woolley, Jocelyn Stacey
The Psychology Of Good Character, Alice Woolley, Jocelyn Stacey
All Faculty Publications
This paper explores the significance of the changing nature of the good character requirement for law society admission in Canada. It posits that good character has shifted from a philosophical concept into a psychological concept, with evidence of past bad acts claimed to be relevant for whether an applicant represents a future risk to the public. This shifting conception of character has, however, been only partial, and the decision-making processes of Canadian law societies have not kept pace with it. Instead, the decision-making process defines character generally and generically, with only occasional emphasis on character as a relevant predictor of …
The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan
The Olympic Games And The Triple Bottom Line Of Sustainability: Opportunities And Challenges, Joseph Weiler, Arun Mohan
All Faculty Publications
Growing public expectations that the Olympic Movement and Olympic Host City Organizing Committees be socially, environmentally and economically responsible has made a commitment to integrate sustainability principles and practices a common theme in the bids of cities competing to host the Games. To understand the growing role of sustainability as an Olympic theme, the authors trace the evolution of the sustainability aspirations of the Olympic Movement by looking at the key Olympic Games and bids in this process. The authors determine that unlocking the potential of the Olympic Games to use sport to attract new audiences to sustainable living cannot …
Witnessing Arbitrariness: Roncarelli V. Duplessis Fifty Years On, Mary Liston
Witnessing Arbitrariness: Roncarelli V. Duplessis Fifty Years On, Mary Liston
All Faculty Publications
In Canadian public law, the foundational case of Roncarelli v. Duplessis stands for the proposition that arbitrariness and the rule of law are conceptually antithetical values. This article examines multiple forms of arbitrariness in Roncarelli, going beyond the usual focus on discretionary power arbitrarily exercised by the executive branch of government. A close reading of the case not only brings to the surface other forms of arbitrariness, notably under-acknowledged forms of judicial arbitrariness, but also illuminates how legal actors attempt to constrain arbitrariness within the activity of judging. Furthermore, repositioning the case in its larger social and political context provides …
Rethinking Environmental Contracting, Natasha Affolder
Rethinking Environmental Contracting, Natasha Affolder
All Faculty Publications
Environmental contracts occupy an ill-defined middle ground between command and control regulation and voluntary initiatives. These agreements have captured the imagination of policymakers and scholars in the U.S. and Europe in particular. They are heralded as promising examples of “new governance.” This Article explores a little known example of environmental contracting which emerged in the context of a Canadian diamond mine — the Ekati Environmental Agreement. Through a fine-grained case study of the Ekati Agreement, this article challenges some of the assumptions that shape the “environmental contracting literature as well as the wider literature on “new governance.” By debunking the …
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
Canadian Journal of Family Law
This paper addresses whether sperm donor anonymity should continue in Canada and what the effects might be of abolishing anonymity, particularly for marginalized groups such as lesbian mothers. The first part of the paper outlines the legislative and historical context surrounding the donor anonymity debate in Canada. The second part of the paper addresses the interests of the various social and legal stakeholders, including donor conceived offspring, the social and biological parents of those offspring, and sperm donors. The final segment outlines a twofold law reform agenda. First, it is proposed that Canada prospectively abolish donor anonymity in an effort …
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Canadian Journal of Family Law
This is the first legal study in Canada on same-sex adoption law, adoption administrative practice, and the social realities of parenting as experienced specifically by same-sex male couples. This paper identifies a gap in existing legal literature and jurisprudence with respect to the adoption narratives of same-sex male couples. Next, focusing on the province of Québec, it offers insight into how legal rules and social expectations construct families headed by such couples. It also highlights how, post-adoption, same-sex male couples conceive of their own families in a legal and social environment that continues to privilege heterosexual family models. Contradictorily, by …
China, Wei Cui
China, Wei Cui
All Faculty Publications
The Chinese indirect tax system is on the eve of a major overhaul, with the integration of the VAT and business tax (BT) to start in select industries in Shanghai on January 1, 2012. This paper provides an overview of China's idiosyncratic VAT as well as the BT as they stood towards the end of 2010. BT law and practice are discussed only in connection with select conceptual issues such as the exclusion from the VAT/BT base, place of supply, etc. This decision is based on the considerations that many of the legal issues arising under the VAT cannot be …
The Market For Treaties, Natasha Affolder
The Market For Treaties, Natasha Affolder
All Faculty Publications
Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
The Sexual Assault Of Intoxicated Women, Janine Benedet
The Sexual Assault Of Intoxicated Women, Janine Benedet
All Faculty Publications
This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing social understandings …
Establishment': A Core Concept In Chinese Inbound Income Taxation, Wei Cui
Establishment': A Core Concept In Chinese Inbound Income Taxation, Wei Cui
All Faculty Publications
Analogous with the concept of a US "trade or business" in US federal income tax law, the concept of "establishment" under Chinese tax law determines the boundary between net-income and gross-income taxation of inbound investments. As central as the concept is, it has received surprisingly little interpretation. As China increasingly opens to foreign portfolio investment and makes new non-corporate business forms available to foreigners, the term is urgently in need of clarification. This Article describes the recent regulatory and commercial developments in China that may rekindle interest in elaborating the meaning of "establishment." It then discusses the interpretations that have …
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages …
Responses To Tax Treaty Shopping: A Comparative Evaluation, David G. Duff
Responses To Tax Treaty Shopping: A Comparative Evaluation, David G. Duff
All Faculty Publications
Over the last 40 years, the world has experienced exponential growth in international trade and investment, as well as the number of bilateral tax treaties which now number roughly 3,000. As the globalization of economic activity has greatly increased opportunities for tax avoidance and evasion, so also has the expansion of the international tax treaty network increased opportunities for taxpayers to take advantage of domestic tax rules and bilateral tax treaties by arranging their affairs in ways that reduce taxes otherwise owing or eliminate them altogether. Regarding many of these arrangements as abusive treaty shopping, the OECD and several member …