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Full-Text Articles in Law
Palliative Care. An Enforceable Canadian Human Right?, Darcy L. Macpherson
Palliative Care. An Enforceable Canadian Human Right?, Darcy L. Macpherson
Darcy L MacPherson
This article lays out a series of approaches for establishing an enforceable human right to palliative care in Canada. The article first examines international human rights instruments to which Canada is a signatory, and concludes that they offer limited assistance to palliative care advocates. The article then examines two promising Charter challenges. The first, based on section 15, argues that since palliative care is provided unevenly to those who require it, the equality provisions of the Charter could compel equitable provision of palliative care to Canadians with life-limiting illnesses. The second is based on section 7, and argues that failure …
‘Organizational’ Criminal Liability Of Partnerships In Canada: Constitutional And Practical Impediments, Darcy Macpherson
‘Organizational’ Criminal Liability Of Partnerships In Canada: Constitutional And Practical Impediments, Darcy Macpherson
Darcy L MacPherson
No abstract provided.
The Legislature Strikes Back: The Effect Of Ontario’S Bill 152 On The Beneficiaries Of The Statutory Duty Of Care In The Peoples Decision, Darcy L. Macpherson
The Legislature Strikes Back: The Effect Of Ontario’S Bill 152 On The Beneficiaries Of The Statutory Duty Of Care In The Peoples Decision, Darcy L. Macpherson
Darcy L MacPherson
No abstract provided.
Disability Through The Eyes Of The Law: A Review Of Federalism, Democracy And Disability Policy In Canada, Darcy L. Macpherson
Disability Through The Eyes Of The Law: A Review Of Federalism, Democracy And Disability Policy In Canada, Darcy L. Macpherson
Darcy L MacPherson
This piece reviews Federalism, Democracy and Disability Policy in Canada, an edited collection of essays dealing with various aspect of disability policy issues through the lens of the relationship between the levels of government in Canada
A Judicial Loudmouth With A Quiet Legacy: A Review Of Emmett Hall: Establishment Radical, Darcy L. Macpherson
A Judicial Loudmouth With A Quiet Legacy: A Review Of Emmett Hall: Establishment Radical, Darcy L. Macpherson
Darcy L MacPherson
This is a review of the book Emmett Hall: Establishment Radical, 2nd ed.
The Supreme Court Restates Directors’ Fiduciary Duty – A Comment On Peoples Department Stores Inc. V. Wise, Darcy Macpherson
The Supreme Court Restates Directors’ Fiduciary Duty – A Comment On Peoples Department Stores Inc. V. Wise, Darcy Macpherson
Darcy L MacPherson
No abstract provided.
Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson
Extending Corporate Criminal Liability: Some Thoughts On Bill C-45, Darcy Macpherson
Darcy L MacPherson
On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (criminal liability of organizations). This legislation aims to broaden the criminal liability of corporations and other organizations in two significant ways. First, it expands the basis for corporate criminal liability beyond the existing common law; second, it extends to non-corporate organizations criminal liability previously limited to corporations. Bill C-45 will apply to all fault-based offences occurring on or after 31 March 2004, it does not apply to offences of either absolute or strict liability. This paper will discuss the most crucial changes …
“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson
“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson
Darcy L MacPherson
No abstract provided.