Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Access to Health Care (1)
- Administration of Justice (1)
- Assisted Suicide (1)
- Attorney General (1)
- British North America Act (1)
-
- CEAA (1)
- Canada (1)
- Canadian Charter of Rights and Freedoms (1)
- Conscientious Refusal (1)
- Criminal Code (1)
- Division of Powers (1)
- Divorce Act (1)
- End-of-Life Care (1)
- Environmental Assessment (1)
- Euthanasia (1)
- Federal Environmental Assessment Processes (1)
- Freedom of Conscience (1)
- Health Care (1)
- Health Care Legislation (1)
- Medical Services (1)
- Of Life and Death (1)
- Professional Policies and Guidelines (1)
- Quebec Courts (1)
- Reproductive Medicine (1)
- Senate Report (1)
- Special Senate Committee on Euthanasia and Assisted Suicide (1)
- Spousal Support Advisory Guidelines (1)
- Testimony (1)
Articles 1 - 5 of 5
Full-Text Articles in Legal History
Spousal Support In Quebec: Resisting The Spousal Support Advisory Guidelines, Jodi Lazare
Spousal Support In Quebec: Resisting The Spousal Support Advisory Guidelines, Jodi Lazare
Articles, Book Chapters, & Popular Press
Since 2005, the Spousal Support Advisory Guidelines have become an essential part of the practice of family law throughout Canada. Aimed at structuring discretionary spousal support determinations under the Divorce Act and increasing the fairness of awards, the Advisory Guidelines have been embraced by appellate courts across jurisdictions. Quebec is the exception to that trend. Despite that marriage and divorce fall under federal jurisdiction, Quebec courts resist the application of these non-binding rules, written by two family law scholars. This article responds to Quebec's resistance to the Advisory Guidelines and suggests that concerns about them may be misplaced. By reviewing …
A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis
A Test For Freedom Of Conscience Under The Canadian Charter Of Rights And Freedoms: Regulating And Litigating Conscientious Refusals In Health Care, Jocelyn Downie, Francoise Baylis
Articles, Book Chapters, & Popular Press
Conscientious refusal to provide insured health care services is a significant point of controversy in Canada, especially in reproductive medicine and end-of-life care. Some provincial and territorial legislatures have developed legislation or regulations, and some professional regulatory bodies have developed policies or guidelines, to better reconcile tensions between health care professionals’ conscience and patients’ access to health care services. As other groups attempt to draft standards and as challenges to existing standards head to court, the fact that the meaning of “freedom of conscience” under the Canadian Charter of Rights and Freedoms is not yet settled will become ever more …
The Evolution Of Federal Ea In Canada: One Step Forward, Two Steps Back?, Meinhard Doelle
The Evolution Of Federal Ea In Canada: One Step Forward, Two Steps Back?, Meinhard Doelle
Research Papers, Working Papers, Conference Papers
This working paper provides a brief history of federal EA in Canada, and then offers an overview of the federal environmental assessment process (CEAA) before and after major changes introduced in 2012. The paper concludes with a brief summary of issues raised in two judicial review applications recently filed with respect to the application of CEAA 2012.
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Articles, Book Chapters, & Popular Press
In November 1999, the Standing Senate Committee on Social Affairs, Science and Technology was authorized to examine and report upon developments since the release of Of Life and Death, the final report of the Special Senate Committee on Euthanasia and Assisted Suicide. A subcommittee to update Of Life and Death was therefore established. On February 14, 2000, I participated in the first panel of witnesses before this subcommittee. In light of the subcommittee's mandate, I set myself the following two tasks: first, to update the legal status sections of Of Life and Death by reporting on any changes to the …
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Articles, Book Chapters, & Popular Press
In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …