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Full-Text Articles in Law
A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher
A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher
LLM Theses
This thesis concentrates on the question of whether or not voluntary, treatment incapable patients who have had their treatment consented to by a substitute decision-maker can be involuntarily treated. It is my opinion that under the current legislative scheme in Ontario the restraint of a voluntary, treatment incapable patient for the purposes of treatment is illegal subject to the following exceptions: (a) a guardianship order exists that contains authority to restrain and detain; or (b) a Power of Attorney for Personal Care has been executed by the now treatment incapable individual authorizing his substitute decision-maker to have him detained and …
Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul
Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul
LLM Theses
Canadian immigration law has traditionally relied upon broad grants of discretionary authority as a tool for immigrant application processing. Such authority has had two facets--a procedural aspect allowing for flexibility in methods and processes for handling applications, and a substantive aspect relating to actual decision making. This thesis examines such discretion in the particular context of the Independent category of migration that is provided for under the current Immigration Act and Regulations. This thesis argues that discretionary power has recently been significantly affected by two evolving trends. Hampered by fiscal constraints, the bureaucracy has sought to reduce usage of positive …