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Articles 1 - 30 of 47
Full-Text Articles in Law
The Jurisdiction Of Inherent Right Aboriginal Governments, Kent Mcneil
The Jurisdiction Of Inherent Right Aboriginal Governments, Kent Mcneil
All Papers
Since the recognition of Aboriginal and treaty rights in Canada by section 35(1) of the Constitution Act, 1982, the inherent right of the Aboriginal peoples to govern themselves has become a generally accepted aspect of Canadian constitutional law. But what is the scope of the governmental authority, or jurisdiction, that is exercisable by inherent right Aboriginal governments? And how does the jurisdiction of Aboriginal governments interact with the jurisdiction of other governments in Canada, especially the federal and provincial governments? This research paper will attempt to answer these questions in a general way, without attempting to determine or assess the …
Law And Feminism: Foreword, Mary Jane Mossman
Law And Feminism: Foreword, Mary Jane Mossman
Osgoode Hall Law Journal
No abstract provided.
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
In Memoriam: Honourable Gerald Eric Le Dain, 1924-2007, Patrick J. Monahan, Harry W. Arthurs, Bruce B. Ryder
Osgoode Hall Law Journal
No abstract provided.
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
From Mothers' Allowance To Mothers Need Not Apply: Canadian Welfare Law As Liberal And Neo-Liberal Reforms, Shelley A. M. Gavigan, Dorothy E. Chunn
Osgoode Hall Law Journal
In this paper we examine changes in the form and content of Canadian welfare law through a historical, feminist lens using the exemplar of mother-headed families. Our analysis of how the state dealt with sole support mothers in several provinces throughout the twentieth century reveals important continuities, as well as discontinuities, between the past and the present that have shaped and reshaped the lives and experiences of poor women and their children. In doing so, it helps to illuminate how they have been rendered "undeserving" or "never deserving" with the neo-liberal (re)formation of the Keynesian state in Canada.
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes
Osgoode Hall Law Journal
In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …
The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust
The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust
Osgoode Hall Law Journal
Despite the fact that women comprise well over 50 per cent of law graduates in many parts of the world, women lawyers continue to be clustered disproportionately in the lower echelons of the profession. This paper considers the role of flexible work as a gender equity strategy and is illuminated by interviews with lawyers in elite corporate firms in Australia. It is argued that far from being a panacea, flexible work is being invoked to confine women to subordinate roles and to restrict access to partnerships. Not only is there a residual suspicion of the feminine in positions of authority …
Law And Feminism: Editor's Note, Jamie Cameron
Law And Feminism: Editor's Note, Jamie Cameron
Osgoode Hall Law Journal
No abstract provided.
Canadian Federal And Provincial Administrative Legislation Containing Adr Processes, Trevor C. W. Farrow, Ada Ho
Canadian Federal And Provincial Administrative Legislation Containing Adr Processes, Trevor C. W. Farrow, Ada Ho
Canadian Forum on Civil Justice
This document provides a sampling of Canadian federal and provincial legislation dealing with various forms of Alternative Dispute Resolution. The legislation was found by using search terms such as “Alternative Dispute Resolution”, “Mediation” and “Arbitration” etc., and searching through federal and provincial legislation using the research tool Lexis/Nexis Quicklaw.
Adjudication Lottery For Refugees, Sean Rehaag
Adjudication Lottery For Refugees, Sean Rehaag
Editorials and Commentaries
No abstract provided.
Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby
Constitutional Questions About Canada's New Political Finance Regime, Colin Feasby
Osgoode Hall Law Journal
The Supreme Court of Canada has considered the constitutionality of some aspects of the political finance regime that has been in place since 1974. Recent political finance reforms raise new and challenging constitutional questions. This article examines whether the political finance reforms introduced in the 2003 Elections Act and 2006 Accountability Act-limits on political contributions by individuals and an outright prohibition on union and corporate political contributions-are contrary to Charter guarantees of freedom of expression and freedom of association. Parliament's conflict of interest in regulating the democratic process and the implications that this conflict has for Charter analysis of the …
Prescribed By Law/Une Règle De Droit, Robert Leckey
Prescribed By Law/Une Règle De Droit, Robert Leckey
Osgoode Hall Law Journal
In Multani, the Supreme Court of Canada's kirpan case, judges disagree over the proper approach to reviewing administrative action under the Canadian Charter of Rights and Freedoms. The concurring judges questioned the leading judgment, Slaight Communications, on the basis that it is inconsistent with the French text of section I. This disagreement stimulates reflections on language and culture in Canadian constitutional and administrative law. A reading of both language versions of section 1, Slaight, and the critical scholarship 'reveals a linguistic dualism in which scholars read one version of the Charter and of the judgment and write about them in …
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz
Osgoode Hall Law Journal
The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …
Administrative Tribunals Using Adr, Trevor C. W. Farrow, Ada Ho
Administrative Tribunals Using Adr, Trevor C. W. Farrow, Ada Ho
Canadian Forum on Civil Justice
This document provides a sampling of administrative tribunals available in Canada, many of which use some form of ADR. The primary focus areas of the tribunals are Health, Environment, Labour and Human Rights.
The Charter 25 Years Later: The Good, The Bad, And The Challenges, Beverley Mclachlin
The Charter 25 Years Later: The Good, The Bad, And The Challenges, Beverley Mclachlin
Osgoode Hall Law Journal
This year, as we celebrate the 25th anniversary of the adoption of the Charter, journals and newspapers are replete with evaluations. Some are positive, some less so. Some are downright critical. Today, I would like to offer my reflections on the good news and the bad news about the Charter,a quarter-century on.
The Social Significance Of The World's First Women Lawyers, Fiona M. Kay
The Social Significance Of The World's First Women Lawyers, Fiona M. Kay
Osgoode Hall Law Journal
No abstract provided.
Beyond Self-Congratulations: The Charter At 25 In An International Perspective, Louise Arbour, Fannie Lafontaine
Beyond Self-Congratulations: The Charter At 25 In An International Perspective, Louise Arbour, Fannie Lafontaine
Osgoode Hall Law Journal
On the occasion of the 25th anniversary of the Canadian Charter of Rights and Freedoms, the authors situate the Canadian human rights evolution in an international context. They look first at the context of the Charters adoption and the characteristics that make it an agent of positive social change in Canada. Secondly, they discuss three areas where interaction between international legal values and our domestic human rights system can be rendered more effective: a) the use of international law in defining the content and possible limitations of Charter rights; b) the increased necessity for a better implementation of international human …
Does A Judge's Party Of Appointment Or Gender Matter To Case Outcomes?: An Empirical Study Of The Court Of Appeal For Ontario, James Stribopoulos, Moin A. Yahya
Does A Judge's Party Of Appointment Or Gender Matter To Case Outcomes?: An Empirical Study Of The Court Of Appeal For Ontario, James Stribopoulos, Moin A. Yahya
Osgoode Hall Law Journal
A recent study by Cass Sunstein identified ideological differences in the votes cast by judges on the United States Courts of Appeals in certain types of cases. He found that these patterns varied depending on the ideology of an appellate judge's co-panelists. In this study, we undertake a similar examination of the busiest appellate court in Canada, the Court of Appeal for Ontario. This study collects data on the votes cast by individual judges in every reported decision between 1990 and 2003. Each case was cod6d by type, for example "criminal law," "constitutional law," or "private law." In addition, the …
The First Women Lawyers: "Piecemeal Progress And Circumscribed Success", Mary Jane Mossman
The First Women Lawyers: "Piecemeal Progress And Circumscribed Success", Mary Jane Mossman
Osgoode Hall Law Journal
This paper explores the context in which women gained admission to the bar at the end of the nineteenth century, discusses the stories of some of the first women lawyers in different parts of the world, and reflects on their challenges and choices as members of the legal professions.
Law's Religion: Rendering Culture, Benjamin L. Berger
Law's Religion: Rendering Culture, Benjamin L. Berger
Osgoode Hall Law Journal
This article argues that constitutional law's inability to deal with religion in a satisfying way flows, in part, from its failure to understand religion as, in a robust sense, culture. Once one begins to understand the Canadian constitutional rule of law itself as a cultural form, it becomes apparent that law renders religion in a very particular fashion, and that this rendering is a product of law's symbolic categories and interpretive horizons. This article draws out the elements of Canadian constitutionalism's unique rendering of religion and argues that, although Canadian constitutionalism claims to understand religion as a culture, this is …
Evaluation Of Criminal Law Offices - Second Year, Robert Hann, Frederick H. Zemans, Joan Nuffield
Evaluation Of Criminal Law Offices - Second Year, Robert Hann, Frederick H. Zemans, Joan Nuffield
Commissioned Reports, Studies and Public Policy Documents
Report submitted to Legal Aid Ontario.
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator As Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Comparative Research in Law & Political Economy
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. Current accounts of the representative negotiator do not paint …
Alberta Legal Services Mapping Project: Brief Overview, Glynnis Lieb, Stephanie Abel
Alberta Legal Services Mapping Project: Brief Overview, Glynnis Lieb, Stephanie Abel
Canadian Forum on Civil Justice
The Alberta Legal Services Mapping Project is a collaborative action research initiative undertaken by the Canadian Forum on Civil Justice in association with a broad partnership of justice community representatives. The research will lead to the creation of a province-wide “map” of legal services that provide to the Alberta public - information, education, legal advice, legal representation and/or other support or assistance related to legal problems. The map will include the central services provided by pro bono initiatives, clinics, public legal education services, courts, legal aid, the private Bar and social services relevant to the needs of users of the …
Alberta Legal Services Mapping Project: Research Proposal, Canadian Judicial Council
Alberta Legal Services Mapping Project: Research Proposal, Canadian Judicial Council
Canadian Forum on Civil Justice
The purpose of this proposal is to set out a preliminary research plan to create a province-wide ‘map’ or atlas of legal services that provides to the Alberta public information, education, legal advice, legal representation and/or other support or assistance related to legal problems. The map will include the central services provided by pro bono initiatives, clinics, public legal education services, courts, legal aid, the private Bar and social services relevant to the needs of users of the justice system. The map will extend to civil, family, criminal and administrative justice programs. For the purposes of simplicity, in this document …
The Legal Problems Of Everyday Life: The Nature, Extent And Consequences Of Justiciable Problems Experienced By Canadians, Ab Currie
Canadian Forum on Civil Justice
The purpose of this project is to inform policy makers about the incidence of civil justice problems and the extent of unmet need for assistance that justiciable problems in civil matters might represent. The study assumes a broad view of civil justice problems and unmet need. The broad view looks at the problem of civil justice and access to justice in terms of the prevalence of civil justice problems in the population. This involves identifying, by means of a sample survey, civil justice problems people have experienced that meet some reasonable threshold of seriousness. The broad view contrasts with the …
Alberta Self-Represented Litigants Mapping Project: Final Re, Mary Stratton
Alberta Self-Represented Litigants Mapping Project: Final Re, Mary Stratton
Canadian Forum on Civil Justice
The “Self-Represented Litigants Access to Justice Mapping Project” (hereafter referred to as the Mapping Project) is designed to document the range of government and nongovernment services and supports currently available to self-represented litigants (SRLs) in Alberta. The mapping process also reveals issues surrounding current service delivery including gaps in present services and possible ways of bringing existing services more closely in-line with the needs of SRLs.
Legal Information Institutes (Llls) - Free Legal Stuff, Yemisi Dina
Legal Information Institutes (Llls) - Free Legal Stuff, Yemisi Dina
Librarian Publications & Presentations
Multi-disciplinary and comparative approach to legal studies implies that research should go outside the conventional research sources and consult a variety of options. Open access to legal information is made possible by legal information institutes worldwide. In the early 1990s, the Australian Legal Information Institute (AustiLII) initiated this unique medium of disseminating free legal information.
Use Of The Elizabeth Moys Classification Scheme For Legal Materials In The Caribbean, Janice A. Modeste, Yemisi Dina
Use Of The Elizabeth Moys Classification Scheme For Legal Materials In The Caribbean, Janice A. Modeste, Yemisi Dina
Librarian Publications & Presentations
This chapter will give an historical background and account of the use of the Elizabeth Moys Classification Scheme in law libraries in the Caribbean. A questionnaire was administered to librarians and library staff of law libraries. Twenty-four questionnaire responses were received from participants. One of the results of the study is the suggestion that a separate number should be assigned for the entire Caribbean in the Moys Classification scheme because of the problems being encountered by librarians in assigning numbers.
'Prisoner Never Gave Me Anything For What He Done:' Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan
'Prisoner Never Gave Me Anything For What He Done:' Aboriginal Voices In The Criminal Court, Shelley A. M. Gavigan
Articles & Book Chapters
Aboriginal people participated in different ways in the criminal process in the early years of the North-West Territories region of Canada, including, as accused persons, as Informants, and as witnesses. Their physical participation was often mediated by interpreters, both linguistic and cultural, and their signatures invariably marked “X” on their depositions. Scholarship that has examined the relationship of Aboriginal peoples to the criminal law has tended to interrogate the criminalization and moral regulation strategies implicit in the process of colonization and domination of the First Peoples. This paper will discuss less visible aspects of the legalized processes of colonization: (1) …
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Is There An Emerging Fiduciary Duty To Consider Human Rights?, Cynthia A. Williams, John M. Conley
Articles & Book Chapters
No abstract provided.