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Articles 331 - 360 of 746
Full-Text Articles in Entire DC Network
To Serve Some And Protect Fewer: The Toronto Police Services' Policy On Non-Status Victims And Witnesses Of Crimes, Abigail Deshman
To Serve Some And Protect Fewer: The Toronto Police Services' Policy On Non-Status Victims And Witnesses Of Crimes, Abigail Deshman
Journal of Law and Social Policy
No abstract provided.
"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer
Journal of Law and Social Policy
Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as "democracies" and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court …
Osgoode Syllabus Of Courses And Seminars: 2009 - 2010, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2009 - 2010, Office Of Student Services
Syllabi
No abstract provided.
The Alberta Legal Services Mapping Project: Pilot District Interim Report, Glynnis Lieb
The Alberta Legal Services Mapping Project: Pilot District Interim Report, Glynnis Lieb
Canadian Forum on Civil Justice
Our justice system is a fundamental and far-reaching component of Canada=s system of democracy. It is complex with four broad divisions of law: civil, family, criminal and administrative. Lack of public understanding of our justice system is therefore a key and fundamental concern for the administration of justice.
Peer Review In Canada: Results From A Promising Experiment, Frederick Zemans, James Stribopoulos
Peer Review In Canada: Results From A Promising Experiment, Frederick Zemans, James Stribopoulos
Osgoode Hall Law Journal
The end point in the access to justice debate often focuses on expanding the availability of legal services for the poor. This article argues that true access to justice requires greater focus on the quality of legal services provided. It tells the story of the introduction of peer review in Canada as a quality assurance tool for evaluating the legal work of a group of criminal lawyers. The article chronicles the various obstacles encountered in making even a very limited form of peer review a reality in Canada, where historically there has been skepticism about the peer review process in …
Law Commissions And Access To Justice: What Justice Should We Be Talking About?, Patricia Hughes
Law Commissions And Access To Justice: What Justice Should We Be Talking About?, Patricia Hughes
Osgoode Hall Law Journal
In addition to their explicit mandates, law reform commissions have a generic mandate to make recommendations that are designed to increase access to justice. Moreover, contemporary commissions ought to interpret the concept of access to justice broadly. Even though they undertake topics of 'lawyers' law,' or at times limit their focus to the narrower legal system, commissions should also consider how law can be employed to realize economic or social justice. In order to make pragmatic recommendations to increase access to justice, commissions must study the non-legal realm and incorporate into their work the insights of other disciplines and the …
Community-Based Mapping: A Research Tool For Justice System Research, Mary Stratton
Community-Based Mapping: A Research Tool For Justice System Research, Mary Stratton
Canadian Forum on Civil Justice
Mapping research is a form of collaborative needs assessment or environmental scan that recognizes, includes and values local knowledge as essential to understanding communities.
Access To Justice: Report On Selected Reform Initiatives In Canada, Canadian Judicial Council
Access To Justice: Report On Selected Reform Initiatives In Canada, Canadian Judicial Council
Canadian Forum on Civil Justice
When the Sub-committee on Access to Justice (Trial Courts) first met we confirmed that we are concerned with access to justice, and in particular with mounting costs in the justice system. While Subcommittee members are aware of important initiatives designed to respond to the issue of costs at the trial level, it was felt that it would be helpful to know more about what is happening across the country so that we can identify promising practices to reduce costs. To that end we agreed that the starting point for the work of the Subcommittee is to develop a focused inventory …
The Civil Justice System And The Public Justice For Nunavummiut: Partnerships For Solutions, Travis Anderson, Mary Stratton
The Civil Justice System And The Public Justice For Nunavummiut: Partnerships For Solutions, Travis Anderson, Mary Stratton
Canadian Forum on Civil Justice
As part of the Civil Justice System and the Public (CJSP), a national collaborative research project, we first visited Iqaluit in June 2003. At that time the Research Coordinator met with key contacts in the Nunavut justice and social service community to talk about the research and make plans for conducting the field research. As a result of these initial meetings, the CJSP team made contact with Inuit services in Ottawa. In July 2003, during the Ontario phase of the CJSP research, we met Inuit service providers and several Nunavummiut who were at that time living in Ottawa.1 In September …
Reaching Out With Research: Engaging Community In Mapping Legal Service Accessibility, Effectiveness And Unmet Needs, Mary Stratton
Reaching Out With Research: Engaging Community In Mapping Legal Service Accessibility, Effectiveness And Unmet Needs, Mary Stratton
Canadian Forum on Civil Justice
Emerging international research demonstrates that high economic and social costs accrue when individuals cannot access timely and effective resolutions to legal problems. Canadian research also shows that most people lack knowledge and understanding of legal rights, legal processes and services, and experience significant barriers when attempting to seek legal information and assistance. Within the Canadian justice community there is strong interest in engaging all relevant stakeholders in collaborative processes of research and policy development. This paper discusses how community-based mapping research can facilitate such engagement in compiling evidence that informs the development of legal processes and services that are more …
Evaluation Of Criminal Law Offices - Third Year, Robert Hann, Frederick H. Zemans, Joan Nuffield
Evaluation Of Criminal Law Offices - Third Year, Robert Hann, Frederick H. Zemans, Joan Nuffield
Commissioned Reports, Studies and Public Policy Documents
Report submitted to Legal Aid Ontario.
The Right To Counsel: Policy Reasons For Fundamental Reforms To Promote Access To Justice, Adrian Scotchmer
The Right To Counsel: Policy Reasons For Fundamental Reforms To Promote Access To Justice, Adrian Scotchmer
Osgoode Hall Review of Law and Policy
This article argues that it is highly undesirable that legal costs impede, and often preclude access to counsel. Even if access to counsel is not a constitutional right in itself, as the Supreme Court of Canada held in Christie, the arguments advanced by the plaintiff in Christie when supplemented by other considerations, establish the importance of access to counsel as a matter of policy. As such, the law societies and the governments of Canada ought to do more to promote access to counsel. Specifically, the law societies ought to reduce market-entry and market-conduct restrictions and increase the use of existing …
Research In Action: Understanding Civil Justice In The Everyday World: Developing Networks For Evidence Based Socio-Legal Research Workshops, Mary Stratton
Canadian Forum on Civil Justice
The overall objective of the Supporting Civil Justice Reform Through Research grant was to increase the focus and capacity for research on the civil justice systems. The Research in Action - Developing Networks for Evidence Based Socio-legal Research workshop series was an integral component in meeting that objective.
Book Notes: Law Firm Strategy: Competitive Advantage And Valuation, By Stephen Mayson, Michael Shour
Book Notes: Law Firm Strategy: Competitive Advantage And Valuation, By Stephen Mayson, Michael Shour
Osgoode Hall Law Journal
No abstract provided.
Continuum: Volume 32 (Winter 2008), Osgoode Hall Law School Of York University
Continuum: Volume 32 (Winter 2008), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
Ignoring The Golden Principle Of Charter Interpretation?, David M. Tanovich
Ignoring The Golden Principle Of Charter Interpretation?, David M. Tanovich
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
One consistent and disturbing trend since the birth of the Charter in 1982 is that race has been and continues to be, with a few notable exceptions, erased from the factual narratives presented to the Supreme Court of Canada and from the constitutional legal rules established by the Court in criminal procedure cases. Understanding the etiology of this erasing is not easy. In earlier pieces, the author has explored the role of trial and appellate lawyers. This paper focuses on principles of judicial review and the failure of the Supreme Court to consistently consider the impact of the constitutional rules …
“Contextualizing” Bertha Wilson: Wilson As A Woman In Law In Mid-20th Century Canada, Mary Jane Mossman
“Contextualizing” Bertha Wilson: Wilson As A Woman In Law In Mid-20th Century Canada, Mary Jane Mossman
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Justice Bertha Wilson was well known for her attentiveness to context. Indeed, her biographer, Ellen Anderson, reported that “Wilson’s characteristic stance [was] one of principled contextuality.” This paper explores the context in which Wilson became a lawyer in the 1960s and 1970s before her appointments to the Ontario Court of Appeal and later to the Supreme Court of Canada. By situating Justice Wilson as one of a small minority of women lawyers prior to the mid-1970s, when the numbers of women in law began to increase dramatically, it is possible to explore the kinds of opportunities and choices available to …
Indigenous Self-Determination And The State, Shin Imai
Indigenous Self-Determination And The State, Shin Imai
Comparative Research in Law & Political Economy
The right of indigenous self-determination is now accepted at both the national and international level, but the exercise of the right to self-determination does not connote any specific institutional arrangement. This chapter, from the forthcoming book, "Indigenous Peoples and the Law: Comparative and Critical Perspectives", (Hart Publishing, Oxford), describes a variety of arrangements in Australia, Canada, New Zealand and the United States. Indigenous people have the greatest political autonomy in the sovereignty/self-government model found in the United States and in the latest self government agreements from Canada. The self-administration/self-management model provides for indigenous entities to deliver social services and educational …
Supreme Court Of Canada Constitutional Cases 2007: Defining Access To Justice, Patricia Hughes
Supreme Court Of Canada Constitutional Cases 2007: Defining Access To Justice, Patricia Hughes
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Taking a broad approach to the meaning of “access to justice”, to include not only physical and financial access to courts and tribunals, and capacity to enforce or establish rights, but also the use of the legal system to claim a share in the “goods” and realization of the values that are said to characterize Canadian society, the author analyzes several decisions of the Supreme Court of Canada in 2007 that relate to access to justice in different ways. Christie and Little Sisters (No. 2) involve the question of financial barriers to accessing the legal system; the result in both …
Parliament’S Response To Charkaoui: Bill C-3 And The Special Advocate Regime Under Irpa, David Dunbar, Scott Nesbitt
Parliament’S Response To Charkaoui: Bill C-3 And The Special Advocate Regime Under Irpa, David Dunbar, Scott Nesbitt
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The Supreme Court of Canada’s decision in Charkaoui and Parliament’s subsequent enactment of Bill C-3 demonstrate how the Charter dialogue between the judiciary and legislatures can enhance the protection of constitutional rights and freedoms while preserving the ability of elected officials to pursue legitimate policy objectives.The notion of constitutional dialogue suggests that Charkaoui be read as setting parameters for future legislative action, recognizing not only those aspects of the security certificate scheme where the Court found constitutional deficiencies, but also those where it found the scheme to be constitutionally sound. The Court’s conclusion that the in camera, ex parte hearing …
Aboriginal Over-Representation And R. V. Gladue: Where We Were, Where We Are And Where We Might Be Going, Jonathan Rudin
Aboriginal Over-Representation And R. V. Gladue: Where We Were, Where We Are And Where We Might Be Going, Jonathan Rudin
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
The most significant development in the criminal law for Aboriginal people over the last 25 years was the decision by the Supreme Court of Canada in R. v. Gladue. This paper looks at the background and history behind the Gladue decision, the impact or lack of impact of the decision on Aboriginal rates of over-representation and the role that the Charter, notably section 15, has played and might play in this issue over the coming years.
Constitutional Cases 2007: An Overview, Patrick J. Monahan, James Gotowiec
Constitutional Cases 2007: An Overview, Patrick J. Monahan, James Gotowiec
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper examines the major constitutional decisions of the Supreme Court of Canada in the 2007 calendar year. The Court decided just 58 cases in 2007, the lowest number since 1975, and only 63 per cent of judgments were unanimous, a departure from the McLachlin Court’s overall average of 75 per cent. The Court’s decisions averaged 44.8 pages per appeal in 2007, the longest in 20 years, while the time from the hearing of an appeal to the release of the judgment increased to 6.6 months. Only 25 per cent of Charter claims were successful in calendar 2007. This is …
A Charter Reality Check: How Relevant Is The Charter To The Justness Of Our Criminal Justice System?, Kent Roach
A Charter Reality Check: How Relevant Is The Charter To The Justness Of Our Criminal Justice System?, Kent Roach
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Although the Charter has made many important improvements to the criminal justice system, this paper argues that there is a need for a greater sense of perspective on the importance of the Charter to the criminal justice system. This paper critically examines the impact of the Charter on rates of imprisonment, rates of pre-trial imprisonment, rates of Aboriginal overrepresentation in prison and among crime victims, rates of crime victimization, national security activities, wrongful convictions, trial delay and complexity, and the Criminal Code. It concludes that the Charter has likely not been a major factor in explaining why Canadian rates of …
Searching For The Constitutional Core Of Access To Justice, Melina Buckley
Searching For The Constitutional Core Of Access To Justice, Melina Buckley
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper posits that access to justice is both a large multifaceted concept with broad policy implications and also a constitutional commitment central to our legal system. It contends that the process of refining and giving contemporary meaning to the legal principle of access to justice is obfuscated by debate surrounding the broader policy concept because the duality plays into concerns over the respective roles of governments and the courts to ensure access to justice, which brings the justiciability of access to justice claims into question. The woeful state of civil legal aid programs across Canada is attributable in part …
Representative Negotiation, Trevor C. W. Farrow
Representative Negotiation, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson
New Trends In Procedural Law: New Technologies And The Civil Litigation Process, Janet Walker, Garry D. Watson
Articles & Book Chapters
The impact of new techonologies in the US, the UK, Canada, Australia, Singapore and Israel are compared.
Future Of Administrative Justice, Lorne Sossin
Future Of Administrative Justice, Lorne Sossin
Articles & Book Chapters
This is the introductory talk, programme, and keynote to the "Future of Administrative Justice" Symposium.
Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs
Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs
Articles & Book Chapters
External changes - in demography and economy, in the domestic and global organization of power - are transforming the knowledge base of Canada's legal profession, the relations amongst lawyers and between lawyers and their "relevant others, " and indeed the very notion oflegal professionalism. This article explores the implication of these changes for the future of the profession 's governing bodies.
Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek
Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek
Osgoode Hall Law Journal
This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the …
Sustainable Professionalism, Trevor C. W. Farrow
Sustainable Professionalism, Trevor C. W. Farrow
Osgoode Hall Law Journal
This article challenges traditional visions of lawyering by building on current alternative narratives and articulating a new discourse of professionalism that is personally, politically, ethically, economically, and professionally sustainable. It is a discourse that makes space for lawyers' principles, interests, and life preferences by balancing them with other important interests (including, but not dominated by, those of clients). It is a discourse that seeks to make good on aspirational promises of equality, access to justice, and protecting the public interest. And it is a discourse that takes seriously obligations to, as well as benefits from, the culturally complicated makeup of …