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The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
The Attorney General's Forgotten Role As Legal Advisor To The Legislature: A Comment On Schmidt V Canada (Attorney General), Andrew Martin
Articles, Book Chapters, & Popular Press
In Schmidt v Canada (Attorney General), the Federal Court of Appeal interpreted a series of provisions requiring the Minister of Justice to inform the House of Commons if government bills or proposed regulations are “inconsistent with” the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights. The Federal Court of Appeal, like the Federal Court below, held that these provisions are triggered only where there is no credible argument for consistency. In doing so, both Courts relied, in part, on a separation of powers argument. They stated that the Minister of Justice and Attorney General is not …
Train Wrecks: 3m National Teaching Fellows Explore Creating Learning And Generative Responses From Colossal Failures, William B. Strean, Patrick T. Maher, Kim Brooks
Train Wrecks: 3m National Teaching Fellows Explore Creating Learning And Generative Responses From Colossal Failures, William B. Strean, Patrick T. Maher, Kim Brooks
Articles, Book Chapters, & Popular Press
We all fail. We also like to look good and avoid looking bad. So, even though we know that taking risks and trying new approaches are important for enhancing our teaching and students’ learning (Strean, 2017), we rarely talk about our failures. Our claim in this paper is that our insecurities create a substantial barrier to improving and enriching our teaching practices. If we do not find time to take big risks, and then to explore and critically reflect on failures that result sometimes from those risks, we lose out on the chance to become better teachers; more fundamentally, we …
The Canadian Legal System: An Introduction For Regulated Professions, Steve Coughlan, Dale Darling
The Canadian Legal System: An Introduction For Regulated Professions, Steve Coughlan, Dale Darling
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To understand the influence of law on any regulated profession, one must first understand the influences on the creation of law. This introductory paper sets the context for that discussion of law by explaining the structural aspects of the legal system. Those aspects include the sources of law in Canada, the forms that law can take, and the parties who are primarily responsible for creating and shaping the law. This paper is structured around the discussion of four things: constitutional law, non-constitutional law, decision-makers in the legal system and, finally, a case study illustrating those features in action.
Legal Ethics And Canada's Military Lawyers, Andrew Martin
Legal Ethics And Canada's Military Lawyers, Andrew Martin
Articles, Book Chapters, & Popular Press
English Abstract: Military lawyers—lawyers who are legal officers in the Canadian Forces— are virtually ignored in the Canadian legal literature. This article assesses what appear to be the most striking potential legal ethics issues facing military lawyers. Several of these issues arise because military lawyers are both lawyers and military officers at the same time, and therefore face two sets of obligations that interact in complex ways. Some issues, however, arise because of the special practice contexts of military lawyers, for example, advising military commanders on the law of armed conflict. As context for this discussion, the article examines the …