Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 11 of 11
Full-Text Articles in Law
Interim Relief: National Report For Canada, Trevor C. W. Farrow, Jonathan Silver
Interim Relief: National Report For Canada, Trevor C. W. Farrow, Jonathan Silver
Articles & Book Chapters
Evolving litigation poses many challenges to litigants and their counsel before final adjudication. Canadian courts have fashioned various remedies to meet these challenges in order to preserve and maintain the court's authority to secure a just result.
Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond
Prolegomenon To A Pedestrian Cartography Of Mixed Legal Jurisdictions: The Case Of Israel/Palestine, Susan G. Drummond
Articles & Book Chapters
The relationship between cartography and law provides a unique focus through which to examine mixed legal jurisdictions. Through an exploration of the various uses of law, cartography, and nation building, the author postulates that mixed legal jurisdictions are created through the subtle incorporation of the originally unfamiliar “Other”. In Canada, European settlers asserted sovereignty through the mapping and naming of territory in ways that did not accord with traditional Aboriginal patterns of usage or conceptualizations of space. The eventual creation of a legal middle ground between these peoples, as articulated by Richard White, is the basis of the author’s analysis …
The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker
The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker
Articles & Book Chapters
The Supreme Court of Canada's decision in The Canmar Fortune endorses the "strong cause test" for determining when to give effect to exclusive jurisdiction agreements.
A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger
A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger
Articles & Book Chapters
The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a …
Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare
Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare
Articles & Book Chapters
The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960s and 1970s, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …
The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel
The Internet In Light Of Traditional Public And Private International Law Principles And Rules Applied In Canada, Jean-Gabriel Castel
Articles & Book Chapters
In general, the jurisdiction of a state to prescribe, to adjudicate, and to enforce' is related to physical location. Yet, physical location is foreign to the Internet, which can be defined as the electronic medium of worldwide computer networks within which online communication takes place. The absence of physical location calls into question the applicability of the traditional public and private international law principles and rules that are based primarily on territoriality, in order to delineate the jurisdiction of states and their courts over the Internet and its users.
Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker
Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker
Articles & Book Chapters
The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?
Corruption And Organized Crime: Lessons From History, Margaret E. Beare
Corruption And Organized Crime: Lessons From History, Margaret E. Beare
Articles & Book Chapters
The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960's and 1970's, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …
The Demise And Rise Of The Classical Paradigm In Canadian Federalism: Promoting Autonomy For The Provinces And The First Nations, Bruce Ryder
Articles & Book Chapters
The author explores the possibility of employing Canadian consitutional doctrine to develop a more flexible approach that would allow for greater provincial autonomy and First Nation self-government within the existing scheme of ss 91 and 92 jurisprudence. Canadian constitutional doctrine is first interpreted through the competing models of the classical and modem paradigms. The former emphasizes a sharp division of powers and has traditionally been used, the author argues, to invalidate legislation seen to interfere with the market economy. The modem paradigm, on the other hand, recognizes competing jurisdictions and has been used to uphold legislation focusing on morals. The …
Recognition Of Provincial Divorces In Canada, Jean-Gabriel Castel
Recognition Of Provincial Divorces In Canada, Jean-Gabriel Castel
Articles & Book Chapters
At present, the federal Parliament has exclusive jurisdiction over divorce under section 91:26 of the British North America Act, 1867.However, the desirability of integrating divorce law with the aspects of family and property law already within provincial jurisdiction has prompted the suggestion in recent years that the divorce jurisdiction be transferred to the provincial legislatures. The implementation of this suggestion would require modification of sections 91 and 92 of the British North America Act, 1867 and repeal of the 1968 Divorce Act. Each province would then be free to adopt divorce legislation which would reflect the social and ethical values …
Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel
Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel
Articles & Book Chapters
This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian courts.