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Articles 1 - 28 of 28
Full-Text Articles in Law
The Alberta Legal Services Mapping Project: Report For The Fort Mcmurray Judicial District, Glynnis Lieb, Stephanie Abel, Diana Lowe
The Alberta Legal Services Mapping Project: Report For The Fort Mcmurray Judicial District, Glynnis Lieb, Stephanie Abel, Diana Lowe
Canadian Forum on Civil Justice
The Fort McMurray Judicial District is the second of eleven Alberta Judicial Districts to be mapped as part of the Alberta Legal Services Mapping Project (ALSMP). The ALSMP is a large-scale, 4.5 year endeavour, designed to gain an understanding of the legal needs of Albertans and of the legal services available in Alberta.
The Alberta Legal Services Mapping Project: Report For The Calgary Judicial District, Glynnis Lieb, Stephanie Abel, Mary Stratton, Diana Lowe
The Alberta Legal Services Mapping Project: Report For The Calgary Judicial District, Glynnis Lieb, Stephanie Abel, Mary Stratton, Diana Lowe
Canadian Forum on Civil Justice
The „justice system‟ is a fundamental and far-reaching component of our system of democracy in Alberta. It is not one united system but an institutionalized process to address criminal and civil conflicts. It is made up of a complexity of organizations with overlapping provincial and federal jurisdictions. There are substantive and procedural laws with four broad divisions: civil, family, criminal and administrative. Many of these laws and the legal services associated with them, function to avoid conflict and legal problems. Ideally, legal services work to resolve conflicts without resorting to the courts or tribunals, the purpose of which is to …
Réfugiés Écartés, Sean Rehaag, Francois Crepeau
Réfugiés Écartés, Sean Rehaag, Francois Crepeau
Editorials and Commentaries
No abstract provided.
Peeking In Cyberspace's Backdoor, James Stribopoulos
Peeking In Cyberspace's Backdoor, James Stribopoulos
Editorials and Commentaries
No abstract provided.
Alberta Legal Services Mapping Project: Action Plan Update, Glynnis Lieb
Alberta Legal Services Mapping Project: Action Plan Update, Glynnis Lieb
Canadian Forum on Civil Justice
In 2006, the Canadian Forum on Civil justice conducted the Self-Represented Litigant (SRL) Mapping Project. This Project aimed to gain a better understanding about SRLs in Alberta, what their legal needs are and what resources are available to them. Mapping for this project was conducted in three sites; Grand Prairie, Red Deer and Edmonton. Findings from this Project were strongly indicative of the lack of public understanding of the justice system and the need for easily accessible public legal information. Based on the recommendations from the SRL Mapping Project, Law Information Centres (LInCs) were established in all three jurisdictions.
Jurisdiction And Responsibility: Community And The Force Of Law Between Khadr And Amnesty, Craig M. Scott
Jurisdiction And Responsibility: Community And The Force Of Law Between Khadr And Amnesty, Craig M. Scott
All Papers
No abstract provided.
Kf Modified And The Classification Of Canadian Common Law, F. Tim Knight
Kf Modified And The Classification Of Canadian Common Law, F. Tim Knight
Librarian Publications & Presentations
This article was inspired by a previous article written by Vincent DeCaen in an earlier issue of CLLR. It explores classification, the different approaches taken by KF Modified and LC Class KE, and the role KF Modified has had in organizing collections in Canadian law libraries. It argues that there is no right or wrong way to classify legal resources and suggests that KF Modified can benefit cataloguing workflow and is well suited to both the Canadian and common law library environments.
The Administration Of Canada’S Transfer Pricing Rules: Issues And Recommendations, Jinyan Li, Pierre Barsalou, John Oatway, François Vincent
The Administration Of Canada’S Transfer Pricing Rules: Issues And Recommendations, Jinyan Li, Pierre Barsalou, John Oatway, François Vincent
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Book Review: The Human Rights System, Activist Forces And International Institutions By Obiora Chinedu Okafor, Yemisi Dina
Book Review: The Human Rights System, Activist Forces And International Institutions By Obiora Chinedu Okafor, Yemisi Dina
Librarian Publications & Presentations
No abstract provided.
International Mobility Of Highly Skilled Workers In The Canadian Context: Tax Barriers And Reform Options, Jinyan Li
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Reforming The Law Of Crossborder Litigation: Judicial Jurisdiction, Janet Walker
Reforming The Law Of Crossborder Litigation: Judicial Jurisdiction, Janet Walker
All Papers
This consultation paper prepared for the Law Commission of Ontario, in association with a Working Group of private international law specialists, considers the current state of the common law in Ontario and the options for codification.
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Lorne Sossin, Steven J. Hoffman
Evaluating The Impact Of Remedial Authority: Adjudicative Tribunals In The Health Sector, Lorne Sossin, Steven J. Hoffman
Articles & Book Chapters
Adjudicative tribunals play an important role in the health sector yet their actual influence, as part of the health system remains undetermined, Most of the studies that have evaluated their work have focused on measures of accountability and independence, rather than the indicators of societal impact. As efforts to reform health systems continue internationally, it is crucial that we understand the benefits and costs of adjudicative tribunals for providers and consumers of heath. In this regard, empirically evaluating the impact of adjudicative tribunals will help inform policymaking through the collection of objective data. A strong and accountable health care system …
Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson
Wrestling With Punishment: The Role Of The Bc Court Of Appeal In The Law Of Sentencing, Benjamin Berger, Gerry Ferguson
Articles & Book Chapters
This article, one in a collection of articles on the history and jurisprudential contributions of the British Columbia Court of Appeal on the occasion of its 100th anniversary, looks at the role and the work of the court in the area of sentencing since the court was first given jurisdiction to hear sentence appeals in 1921. In the three broad periods that we canvass, we draw out the sometimes surprising, often unique, and frequently provocative ways in which the BCCA has, over its history, wrestled with the practice of criminal punishment and, with it, the basic assumptions of our system …
The Medieval Hawale: The Legal Nature Of The Suftaj And Other Islamic Payment Instruments, Benjamin Geva
The Medieval Hawale: The Legal Nature Of The Suftaj And Other Islamic Payment Instruments, Benjamin Geva
Articles & Book Chapters
By the middle of the eighth century CE the Arabs established their dominion from the Atlantic Ocean to west of the Persian Gulf. In the process, they spread Islam and established Islamic law as the law of the land throughout this entire vast territory. Until the rise of the Turkish Ottoman Empire between the 13th the 16th centuries CE, that territory included North Africa (both Egypt and the Maghreb), Israel/Palestine, Lebanon, Syria, Iraq and Arabia. The era of the pre-Ottoman Arab domination of those lands roughly coincides with the Middle Ages. During that time, centres of economic and financial activity …
Reconceptualizing Law And Politics In The Transnational: Constitutional And Legal Pluralist Approaches, Ruth Buchanan
Reconceptualizing Law And Politics In The Transnational: Constitutional And Legal Pluralist Approaches, Ruth Buchanan
Articles & Book Chapters
Despite the apparent fluidity that characterizes this historical moment as well as this moment in legal scholarship, this paper argues that there is also an enduring rigidity that is found in the persistence of a modernist conception of law. It is revealed in debates surrounding transnational constitutionalism, which even as they purport to transcend the nation-state, cannot escape some forms of reinscription of the relation between law and a centralized sovereign authority.
Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva
Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva
Articles & Book Chapters
This article endeavours to analyse the provisions of Title IV governing rights and obligations in relation to the provision and use of payment services. Analysis is particularly from a US comparative perspective. Attention will be given to Uniform Commercial Code ("UCC") Article 4A, which governs U.S. wire and other credit transfers as well as federal laws governing consumer retail payment systems. A broader but related objective of the article is the assessment of the contribution of Title IV to the harmonization of funds transfer and payment law, not only by comparison to the U.S., but also by reference to a …
Irrigating The Famished Fields: The Impact Of Labour-Led Struggles On Policy And Action In Nigeria (1999-2007), Obiora Chinedu Okafor
Irrigating The Famished Fields: The Impact Of Labour-Led Struggles On Policy And Action In Nigeria (1999-2007), Obiora Chinedu Okafor
Articles & Book Chapters
Between 1999 and 2007, a broad-based labour-led movement which focused most of its energies on its struggle against unpopular fuel price hikes in Nigeria was able to exert considerable, though limited, influence on an Obasanjo-led executive arm of government that was at best quasidemocratic in its orientation. This article argues that, despite the very important roles played by other factors (notably the presence of more democratic space in Nigeria post-1999), the movement's adoption of a mass social movement approach facilitated its ability to exert such influence.
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Gender-Benders': Sex And Law In The Constitution Of Polluted Bodies, Dayna Nadine Scott
Articles & Book Chapters
This paper explores how law might conceive of the injury or harm of endocrine disruption as it applies to an aboriginal community experiencing chronic chemical pollution. The effect of the pollution in this case is not only gendered, but gendering: it seems to be causing the ‘production’ of two girl babies for every boy born on the reserve. This presents an opening to interrogate how law is implicated in the constitution of not just gender but sex. The analysis takes an embodied turn, attempting to validate the real and material consequences of synthetic chemicals acting on bodies — but uncovers …
Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson
Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson
Articles & Book Chapters
Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …
Reforming Intellectual Property Law: An Obvious And Not-So-Obvious Agenda, David Vaver
Reforming Intellectual Property Law: An Obvious And Not-So-Obvious Agenda, David Vaver
Articles & Book Chapters
No abstract provided.
"Everybody Knows What A Picket Line Means": Picketing Before The British Columbia Court Of Appeal, Judy Fudge, Eric Tucker
"Everybody Knows What A Picket Line Means": Picketing Before The British Columbia Court Of Appeal, Judy Fudge, Eric Tucker
Articles & Book Chapters
The general hostility of courts towards workers’ collective action is well documented, but even against that standard the restrictive approach of the British Columbia Court of Appeal stands out. Although this trend first became apparent in a series of cases before World War II in which the court treated peaceful picketing as unlawful and narrowly interpreted British Columbia’s Trade Union Act (1902), which limited trade unions’ common law liability, this study will focus on the court’s post-War jurisprudence. The legal environment for trade union activity was radically altered during World War II by PC 1003, which provided unions with a …
The Crown's Fiduciary Obligations In The Era Of Aboriginal Self-Government, Kent Mcneil
The Crown's Fiduciary Obligations In The Era Of Aboriginal Self-Government, Kent Mcneil
Articles & Book Chapters
This article confronts the contention that the Crown’s fiduciary obligations are incompatible with Aboriginal self-government. Relying on Supreme Court decisions, it argues instead that the Crown has a fiduciary duty to support Aboriginal autonomy. Consequently, past infringements of the inherent right of self-government by imposition of the band council system violated the Crown’s fiduciary obligations. The appropriate remedy for this breach is restitution, involving federal assistance to enable First Nations to restore and maintain their capacity to govern themselves in accordance with their own traditions and present-day aspirations.
Overview Article, Stephanie Ben-Ishai, Tony Duggan
Overview Article, Stephanie Ben-Ishai, Tony Duggan
Articles & Book Chapters
No abstract provided.
Improving Inter-Nation Equity Through Territorial Taxation And Tax Sparing, Jinyan Li
Improving Inter-Nation Equity Through Territorial Taxation And Tax Sparing, Jinyan Li
All Papers
The current international tax system allocates the taxation of cross-border income by reference to the residence of the taxpayer and/or the source of income. The governing rules are contained in domestic tax laws and bilateral tax treaties. As noted by Professor Easson, the current regime of allocation is not based on any real agreement between nations and cannot be rationalized by any “obvious principle of fairness”. In fact, it is biased in favour of the capital exporting nations that devised the rules of the game. In order to improve fairness, Professor Easson considered it desirable to have some “redistribution” in …
Bisexuals Need Not Apply: A Comparative Appraisal Of Refugee Law And Policy In Canada, The United States, And Australia, Sean Rehaag
Articles & Book Chapters
This paper offers an analysis of refugee claims on grounds of bisexuality. After discussing the grounds on which sexual minorities may qualify for refugee status under international refugee law, the paper empirically assesses the success rates of bisexual refugee claimants in three major host states: Canada, the United States, and Australia. It concludes that bisexuals are significantly less successful than other sexual minority groups in obtaining refugee status in those countries. Through an examination of selected published decisions involving bisexual refugee claimants, the author identifies two main areas for concern that may partly account for the difficulties that bisexual refugee …
The Canadian Legal Information Institute - Ten Years On, Yemisi Dina, Louise Hamel
The Canadian Legal Information Institute - Ten Years On, Yemisi Dina, Louise Hamel
Articles & Book Chapters
CanLII, the free virtual law library for Canada, has its roots in three separate developments. The first was the launch of the Legal Information Institute movement, with Cornell and Australia as the first models of these efforts. Second, in Canada, LexUM (Centre for Research at the Universit6 de Montreal's Faculty of Law) had a long history of supporting open access to law since it started publishing the case law of the Supreme Court of Canada. Third, the Director of the Law Society of Upper Canada at the time was advocating to the National Virtual Library Group of the Federation of …
Book Review: Christopher Nicholls' Corporate Law (Emp, 2006), Mary Condon
Book Review: Christopher Nicholls' Corporate Law (Emp, 2006), Mary Condon
Articles & Book Chapters
Professor Chris Nicholls is a distinctive voice in the Canadian corporate legal academy. A prolific scholar of corporate and securities law developments, he is one of a few Canadian corporate legal academics to have a wealth of legal practice experience to draw upon, and to understand from detailed first-hand experience of both realms how they differ in the questions that are asked and the way answers are formulated. These diverse experiences make him eminently qualified to prepare a text on Canadian corporate law for use not only by law students, but also legal practitioners wishing to understand the latest developments …
Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai
Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai
Articles & Book Chapters
During the Great Depression (1930-1933), over 9,000 banks failed in the United States, while not a single bank failed in Canada. In fact, there have been relatively few instances of bank bankruptcy proceedings in Canada from 1867 to present. Approximately eleven bank bankruptcies have been referenced in the case law to date. The first bank bankruptcy appears to be the Bank of Prince Edward Island (1882). Next came the Exchange Bank of Canada (1883), [FN3] followed by the Maritime Bank (1887), the Central Bank of Canada (1887), La Banque Ville Marie (1899), the Farmers Bank of Canada (1910), the Monarch …