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Full-Text Articles in Law

Palliative Care. An Enforceable Canadian Human Right?, Darcy L. Macpherson Aug 2011

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 Dec 2009

‘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 Dec 2008

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 Dec 2008

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 Dec 2007

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 Dec 2004

The Supreme Court Restates Directors’ Fiduciary Duty – A Comment On Peoples Department Stores Inc. V. Wise, Darcy Macpherson

Darcy L MacPherson

No abstract provided.


“The Relevance Of Prior Record In The Criminal Law: A Response To The Theory Of Professor Von Hirsch”, Darcy Macpherson Dec 2001

“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.