Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law (2)
- Nova Scotia (2)
- Reform (2)
- Aboriginal Health (1)
- Abortion Access (1)
-
- Abortion Rights (1)
- Administrative Decision Making (1)
- Canada (1)
- Canada Health Act (1)
- Charles (1)
- Constitutional Justice (1)
- Correctness (1)
- Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd (1)
- Federalism (1)
- Government (1)
- Health System Governance (1)
- Judicial Review (1)
- Jurisdiction (1)
- Legal history (1)
- Medicare (1)
- Prince Edward Island (1)
- Reasonableness (1)
- Spending Power (1)
- Statutory commissons (1)
- Wilson v Atomic Energy of Canada Ltd (1)
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Foreword, Michael Macdonald
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
The Story Of Law Reform In Nova Scotia: A Perilous Enterprise, Bill Charles
Dalhousie Law Journal
The basic or overarching question addressed by the author is why institutional law reform in Nova Scotia has experienced such operational difficulties and challenges, particularly in relation to funding, to the point where it can be described as a perilous enterprise. In the process of searching for an answer to this question, the author examines the origins and development of organized law reform in Nova Scotia over the last 65 years, with special attention paid to the experience of Nova Scotia's two statutory commissions. As a backdrop to the discussion, the author examines the complicated process of law reform itself …
A Constitutional Future For Abortion Rights In Canada, Joanna Erdman
A Constitutional Future For Abortion Rights In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
In 2015, Abortion Access Now PEI legally challenged the restrictive abortion policy of Prince Edward Island. This article studies their challenge as a unique case in the building of a constitutional future for abortion rights in Canada. The article tracks how AAN PEI drew on classic rule of law arguments of transparency, accountability, and constitutional justice to shape and claim abortion rights as democratic rights, an entitlement to fully and equally participate in and benefit from the health care system as a fundamental social institution of the state.
Federalism And Health Care In Canada: A Troubled Romance?, Colleen M. M. Flood, William Lahey Prof., Bryan P. Thomas
Federalism And Health Care In Canada: A Troubled Romance?, Colleen M. M. Flood, William Lahey Prof., Bryan P. Thomas
Articles, Book Chapters, & Popular Press
Canadian federalism fragments health system governance. Although the Constitution has been interpreted as providing shared jurisdiction over health generally, with respect to health care, the courts have interpreted it as giving direct jurisdiction to the provinces. The federal role in health care is therefore indirect, but nevertheless potentially powerful. For example, the federal government has used its spending powers to establish the Canada Health Act (CHA), which commits funding to provinces on condition they provide first-dollar public coverage of hospital and physician services. However, in recent times, as federal contributions have declined, the CHA has been weakly enforced. …
Some Initial Thoughts On Wilson V. Atomic Energy Of Canada Ltd And Edmonton (City) V. Edmonton East (Capilano) Shopping Centres Ltd, Diana Ginn
Articles, Book Chapters, & Popular Press
Administrative law focusses on the way in which, and the extent to which, courts should oversee the exercise of administrative authority. The law on substantive review of administrative decision-making has changed drastically over the last several decades, particularly around choice of standard of review. In the words of the Honorable John M Evans, courts have returned to this issue “with almost monotonous regularity over the last 30 years”. Two Supreme Court of Canada decisions from 2016, Wilson v Atomic Energy of Canada Ltd and Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd, have regenerated discussion about standard of …