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Full-Text Articles in Law

Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais Jun 2003

Application Of An Extended Collective Licensing Regime In Canada: Principles And Issues Related To Implementation, Daniel J. Gervais

Daniel J Gervais

The report examines the advantages, disadvantages and constraints of using an extended collective license in Canada (or extended repertoire) and concludes that the system would make sense in some areas. The use of this system in other countries is discussed.


Employee Privacy: The Need For Comprehensive Protection , Jeremy F. De Beer Jan 2003

Employee Privacy: The Need For Comprehensive Protection , Jeremy F. De Beer

Jeremy de Beer

Society has begun to pay more attention to privacy. This is especially true in the context of the employment relationship, where a power imbalance creates a greater need for privacy protection. Although some steps have been taken, Canadian lawmakers have fallen short in their efforts to safeguard the privacy of all employees. Employees are presently protected by a piecemeal scheme of legislative, common law and market-based mechanisms, which leaves a substantial gap in the Canadian privacy framework. The only tenable solution is for each province to enact laws that address privacy in the employment context, using recently enacted federal legislation …


The Secession Reference And The Limits Of Law, Richard Kay Dec 2002

The Secession Reference And The Limits Of Law, Richard Kay

Richard Kay

When the Supreme Court of Canada issued its judgment on the legality of "unilateral" Quebec secession in August 1998 many Canadians did not know what to make of it. The Court held that the only lawful way in which Quebec might depart the Canadian federation was through one of the amendment mechanisms provided in the Constitution Act 1982. It thus affirmed that Quebec could not secede without the agreement of at least the Houses of the federal Parliament and some number of provincial legislative assemblies. Prime Minister Chretien declared the next day that the judgement was a "victory for all …