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Criminality And Inequity Under Canada's Legalization Of Cannabis: A Study Of Vancouver's Downtown Eastside, Stephanie Lake, Margot Young
Criminality And Inequity Under Canada's Legalization Of Cannabis: A Study Of Vancouver's Downtown Eastside, Stephanie Lake, Margot Young
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The origin of this essay reminds us of the importance of interdisciplinary collaboration to the development and assessment of public policy. It also demonstrates the serendipitous beginnings of many interesting inquiries. This collaboration was thus fortuitous: authors Lake and Young met during Lake’s doctoral dissertation defence. Young was on the examining committee. Lake presented a series of epidemiological studies (three of which are summarized below) involving the use of cannabis for therapeutic and harm reduction purposes among marginalized people who use drugs (PWUD) in Vancouver. Young’s lines of questioning involving the legal implications of Lake’s findings spurred the idea to …
Freedom Of Expression: Values And Harms, Camden Hutchison
Freedom Of Expression: Values And Harms, Camden Hutchison
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When considering restrictions on socially disfavoured expression, the Supreme Court of Canada has often considered the targeted expression’s “value.” In the seminal cases of Ford v. Quebec and Irwin Toy Ltd. v. Quebec, the Supreme Court articulated the importance of expressive freedom by relating it to three core values: (1) seeking and attaining the truth; (2) participation in democratic institutions; and (3) diversity in forms of individual selffulfillment. Subsequent cases considering restrictions on expression have evaluated the extent to which the targeted expression advances these values. Ironically, although Ford and Irwin Toy embraced a broad conception of expressive freedom, the …
Un-Democratizing The City? Unwritten Constitutional Principles And Ontario's Strong Mayor Powers, Alexandra Flynn
Un-Democratizing The City? Unwritten Constitutional Principles And Ontario's Strong Mayor Powers, Alexandra Flynn
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Municipalities are a legal puzzle. Under the Constitution, they are subject to provincial jurisdiction as administrative bodies, like thousands of other tribunals, commissions, and government entities that make decisions on individuals’ daily lives. Local councils must heed the statutory constraints set by provincial governments, with their decisions subject to review by the courts. Yet Canadian cities create and deliver policies and services, with their leaders accountable to the public through regular elections, making them governments, too. They are essentially non-constitutionally protected governments that represent their citizens and are on the front lines of serious issues in their communities like homelessness …
New Crossroads And The Opportunity For A Crisis: The State Of Canadian Legal Education, Catherine Dauvergne
New Crossroads And The Opportunity For A Crisis: The State Of Canadian Legal Education, Catherine Dauvergne
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This article considers the challenges facing Canadian law schools and compares the current state of affairs to that analyzed in the 1983 Arthurs Report. The opening sections describe how Canadian legal education is globally unique because of the tacit agreement between law schools and the legal profession that limits the number of law school seats in Canada and helps ensure the success of law schools and law students. On the fortieth anniversary of the Arthurs Report, the article concludes that legal education in Canada is overdue for a new mapping of its strengths, challenges, and future directions that takes the …
Regulating The Concussion Crisis In Sports: Canada’S Initiative To Bring Prevention Into Focus, Marcus Moore
Regulating The Concussion Crisis In Sports: Canada’S Initiative To Bring Prevention Into Focus, Marcus Moore
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The twenty-first century has revealed the existence of a concussion crisis in sports. The crisis is of global reach, and Canada is no exception. In recent years, the Canadian government joined citizens in recognizing sports concussion as a major public health issue. A parliamentary committee investigated the crisis, reported findings, and made recommendations which the government accepted. As far as legal responses to the sport concussion crisis, new among the recommendations was a callto- action on prevention (Recommendation 13). Since there remains no medical cure for concussions, the government agreed with the view of injured former athletes and injury prevention …
To Whom Are Directors’ Duties Owed? Evidence From Canadian M&A Transactions, Camden Hutchison
To Whom Are Directors’ Duties Owed? Evidence From Canadian M&A Transactions, Camden Hutchison
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One of the most contentious issues in corporate law is the proper scope of fiduciary duties. Many scholars have argued that fiduciary duties are owed exclusively to shareholders, while others have advocated a broader conception of directors’ fiduciary obligations, potentially encompassing a wide variety of stakeholder and community interests. This debate has both normative and positive dimensions: Not only are there theoretical disagreements as to whom directors’ duties should be owed, there are also more basic disagreements as to what the law actually requires, including the extent to which business norms supplement (or undermine) legal rules. In Canada, at least, …