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Articles 1 - 8 of 8
Full-Text Articles in Law
Creating "Shelf Space": Nafta's Experience With Cultural Protection, Chios Carmody
Creating "Shelf Space": Nafta's Experience With Cultural Protection, Chios Carmody
Law Publications
The relatively swift negotiation and implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (CCD) invites us to consider what came before it and what may follow. This article reviews experience with the creation of cultural “shelf space” under the North American Free Trade Agreement (NAFTA) through the use of a cultural “exception” and how this experience served as an important impetus for Canadian leadership in the negotiation and conclusion of the CCD. The article goes on to consider the CCD’s potential impact as custom and process in the creation of cultural “shelf …
Preliminary Background Paper On The Canada Interest Act, Thomas G. W. Telfer
Preliminary Background Paper On The Canada Interest Act, Thomas G. W. Telfer
Law Publications
No abstract provided.
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Charter Dialogue Revisited – Or Much Ado About Metaphors, Wade Wright, Allison Thornton, Peter Hogg
Law Publications
This article is a sequel to the 1997 article “The Charter Dialogue Between Courts and Legislatures (Or Perhaps The Charier of Rights Isn't Such A Bad Thing After All).” In the present article, the authors review various academic critiques of their “dialogue” theory, which postulates that Charter decisions striking down laws arc not the last word, but rather the beginning of a “dialogue,” because legislative bodies are generally able to (and generally do) enact sequel legislation that accomplishes the main objective of the unconstitutional law. The authors also examine the Supreme Court of Canada's dicta on the “dialogue” phenomenon, and …
Reply To Charter Dialogue Revisited, Wade Wright, Allison Thornton, Peter Hogg
Reply To Charter Dialogue Revisited, Wade Wright, Allison Thornton, Peter Hogg
Law Publications
No abstract provided.
The Case For Tribunal Standing In Canada, Noel Semple
The Case For Tribunal Standing In Canada, Noel Semple
Law Publications
The "tribunal standing" question arises when an administrative body whose decision is being subjected to judicial review seeks standing rights before the reviewing court. After summarizing current law, I argue for a more liberal approach to tribunal standing. There is convincing evidence that the counsel for the tribunal= under review can contribute productively to the process. The traditional objections to tribunal standing do not withstand scrutiny. Nor does the recent proposal to apply the "pragmatic and functional approach" to the issue seem fruitful. Only two objections to tribunal participation in judicial review seem compelling - protection of procedural rights when …
Reconciling Tort And Administrative Law Concepts Of Justice: The Case Of Historical Wrongs, Laverne Jacobs
Reconciling Tort And Administrative Law Concepts Of Justice: The Case Of Historical Wrongs, Laverne Jacobs
Law Publications
The first part of this article provides an overview of the most dominant private and public law approaches that have been attempted in the courts by plaintiffs seeking redress for historical wrongs and outlines why these approaches have been unsuccessful. It also defines the notion of historical wrongs and provides background on the two historical wrongs used as a case study in this paper – Aboriginal residential schools and sexual sterilization in Alberta. In the second part, I turn to discuss the phenomenon of creating compensation schemes as an alternative to traditional court action. Two illustrative examples are the outcry …
Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple
Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple
Law Publications
This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination— including discrimination based on …
Developments In Administrative Law: The 2005-2006 And 2006-2007 Terms, Laverne Jacobs
Developments In Administrative Law: The 2005-2006 And 2006-2007 Terms, Laverne Jacobs
Law Publications
The 2005-2006 and 2006-2007 terms produced several noteworthy decisions in the area of administrative law, furthering administrative law jurisprudence in three key areas: the relationship between constitutional and administrative law, especially with respect to judicial review of exercises of administrative discretion that affect Charter rights and freedoms (Multani v. Commission scolaire Marguerite Bourgeoys); exclusive and concurrent jurisdiction (Tranchemontagne v. Ontario (Director, Disability Support Program) and Bisaillon v. Concordia University) and standard of review (Livis (City) v. Fraternite des policiers de Livis Inc. and Council of Canadians with Disabilities v. Via Rail Canada Inc.). Overall, there was a strong synergy between …