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Full-Text Articles in Law
Can A Tribunal’S Former Counsel Appear Before The Tribunal? A Comment On Certain Container Chassis, Andrew Martin
Can A Tribunal’S Former Counsel Appear Before The Tribunal? A Comment On Certain Container Chassis, Andrew Martin
Articles, Book Chapters, & Popular Press
Lawyer mobility has been recognized as an important but not determinative consideration in legal ethics, particularly when it comes to conflicts of interest. Mobility poses particular issues for counsel to a tribunal. Those counsel may well at some point leave that position and pursue other opportunities. Prospective opportunities may sometimes involve appearing as counsel for a party before the same tribunal – especially where the tribunal operates in a highly specialized area of law. Can a lawyer appear before a tribunal if they were previously counsel to that tribunal? This discrete issue, though it rarely arises in the case law, …
Administrative Law, Diana Ginn, Sheila Wildeman
Administrative Law, Diana Ginn, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Administrative law is concerned with the relationship between courts and those who make decisions in the course of exercising administrative powers. In particular, administrative law focuses on the way in which and the extent to which courts review or oversee administrative decision making. Administrative powers are largely created by statute. Such legislation is often referred to as the "enabling legislation”. An action taken under the Crown's prerogative powers is also considered to be administrative action; however, the focus of these materials is on action taken under enabling legislation.
Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald
Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Restorative approaches to criminal justice can be reconciled with fundamental notions of the rule of law through a relational understanding of rights. Firstly, the paper demonstrates how theories of rights have evolved from a liberal understanding in representative democracies, where individual rights holders can trump the interests of others, to a relational theory where rights embody values which structure appropriate relationships among citizens. Second, the paper shows that relational theory can explain how formal criminal justice and restorative justice in a deliberate democracy interrelate, while embodying different, though compatible, rights, duties and remedies among wrongdoers, victims, communities and justice system …
Tribunal Jurisdiction Over Charter Remedies: Now You See It, Now You Don't, Steve Coughlan
Tribunal Jurisdiction Over Charter Remedies: Now You See It, Now You Don't, Steve Coughlan
Articles, Book Chapters, & Popular Press
The Supreme Court's decision in R. v. Conway (reported ante p. 201) simplifies the test for deciding whether an administrative tribunal has jurisdiction to grant Charter remedies. At least in principle, it heralds a broader approach to allowing litigants to seek such remedies at the earlier stage of a proceeding, rather than waiting for a review before a court or pursuing a parallel action. The attitude behind Conway signals a greater willingness to allow administrative tribunals to grant Charter remedies. The test on the key question of whether a tribunal has jurisdiction over a particular remedy is still essentially the …
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Fairness After The Charter: A Rose By Any Other Name?, A. Wayne Mackay
Articles, Book Chapters, & Popular Press
On at least a short term basis the Charter of Rights and Freedoms has made a significant dent in the Canadian legal landscape. Not only has it produced a veritable cottage industry for practising lawyers and legal academics - it has raised some of the most fundamental questions about which institutions should shape public policy in Canada. The courts have a bold new mandate to measure the acts of the legislative and executive branches of the government against the new standards of the Charter. When these agencies are found wanting, they are to be checked and their illegal actions invalidated. …