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Articles 1 - 13 of 13
Full-Text Articles in Law
Authors' Moral Rights: Reform Proposals In Canada: Charter Or Barter Of Rights For Creators?, David Vaver
Authors' Moral Rights: Reform Proposals In Canada: Charter Or Barter Of Rights For Creators?, David Vaver
Osgoode Hall Law Journal
No abstract provided.
The Rhetoric Of Rights: The Supreme Court And The Charter, Marc Gold
The Rhetoric Of Rights: The Supreme Court And The Charter, Marc Gold
Osgoode Hall Law Journal
The Supreme Court of Canada's initial interpretations of the Canadian Charter of Rights and Freedoms were as broad and liberal as could possibly have been expected. Invoking the metaphor of the constitution as a living tree and dismissing concerns about the legitimacy of its expanded role, the Court upheld the Charter arguments in the majority of the cases it decided during this first period. Even in those cases where the claim was denied, the Court made it clear that the Charter was to be taken very seriously. No one could mistake the Court's message: the Charter was to be liberally …
Understanding Aboriginal Rights, Brian Slattery
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
The Charter's Relevance To Private Litigation: Does Dolphin Deliver?, Brian Slattery
Articles & Book Chapters
The author critically examines the recent decision of the Supreme Court of Canada in Retail, Wholesale and Department Store Union, Local 580 v. Dolphin Delivery Ltd. This case holds that the Canadian Charter of Rights and Freedoms only applies to the relations between government and private persons and not to relations between private persons alone, with two exceptions. The author argues that the first exception - when a private person invokes a statute, rather than the common law, against another private person - is untenable because both the common law and the droit civil are grounded in legislative instruments, respectively …
Archival Research In The History Of The Law: A User's Perspective, Douglas Hay
Archival Research In The History Of The Law: A User's Perspective, Douglas Hay
Articles & Book Chapters
Legal history and the social history of law have become very active fields of research in Britain, the United States, and Canada in the past ten years. Moreover, they have begun to affect each other, so that social historians are now much more sensitive to doctrinal changes, shifts in legal rules, and legal concepts, while legal historians increasingly appreciate that explaining legal change – or the lack of it – may require extensive research outside the law library. In short, lawyers and historians are beginning to meet not only in law libraries, but also in archives. And, like all users, …
The Recent Expansion Of Fiduciary Obligation: Common Themes And Future Developments, John D. Mccamus
The Recent Expansion Of Fiduciary Obligation: Common Themes And Future Developments, John D. Mccamus
Articles & Book Chapters
It may reasonably be asked, of course, whether the fiduciary concept is one which can bear this workload without sustaining a work-related injury of some sort. Although, as I shall suggest below, the extension of the concept to new and intriguingly different fact situations should not be a cause for alarm, there is some evidence in the case law that the concept is drifting away from its moorings from time to time. As it is the view of the author that this latter development does bring with it the risk of some confusion, and he proposes to draw attention to …
In A Manner Of Speaking: Towards A Reconstitution Of Property In Mid-Nineteenth Century Quebec, Tom Johnson
In A Manner Of Speaking: Towards A Reconstitution Of Property In Mid-Nineteenth Century Quebec, Tom Johnson
Articles & Book Chapters
The author studies the Report of the 1843 Commission appointed to inquire into seigniorial tenure. The contrast with a previous report written in 1836 is striking and the author investigates the rupture in contemporary discourse which in less than a decade led to an official recommendation to abandon the seigniorial system. Of particular interest to the author is the way in which the 1843 Commission interpreted the answers to questionnaires it had sent to seigniors, censitaires, entrepreneurs and other interested parties. The author demonstrates how the information received by the Commission, especially from the censitaires, was recategorized with a view …
Understanding Aboriginal Rights, Brian Slattery
Understanding Aboriginal Rights, Brian Slattery
Articles & Book Chapters
The entrenchment of aboriginal rights in the Constitution Act, 1982 and the importance of aboriginal claims now reaching the courts highlight the need to understand these long-ignored rights. This article sets out a general theory of the subject, drawing on the leading cases and the complex history of relations between native peoples and the Crown. Aboriginal rights are based on a set of basic common law principles that operate uniformly across Canada, except where modified by treaty or legislation. Under those principles, native peoples presumptively hold full rights to lands in their possession, and retain their accustomed laws andpolitical institutions, …
The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams
The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams
Articles & Book Chapters
This article is devoted to the question of whether the extradition from Canada of a fugitive Canadian citizen charged with having committed an act that constitutes a criminal offence for which he or she may be prosecuted both in Canada and in the requesting state is a violation of his or her right as a citizen of Canada to remain in Canada, that is guaranteed by section 6( I ) of the Canadian Charter of Rights and Freedoms.' In analysing this question we shall ( i ) give a brief history of and rationale for extradition, with emphasis on the …
Unitary Taxation In The United States Of America, Jean-Gabriel Castel
Unitary Taxation In The United States Of America, Jean-Gabriel Castel
Articles & Book Chapters
No abstract provided.
Feminism And Legal Method: The Difference It Makes, Mary Jane Mossman
Feminism And Legal Method: The Difference It Makes, Mary Jane Mossman
Articles & Book Chapters
Prompted by questions raised in A Feminist Perspective in the Academy: The Difference It Makes, Mossman questions whether or not feminist theory, namely as it concerns equality and the impact of women as key actors, could impact the structure of legal inquiry.
Book Review: Equality Rights And The Canadian Charter Of Rights And Freedoms, Edited By Anne F. Bayefsky And Mary Eberts, Mary Jane Mossman
Book Review: Equality Rights And The Canadian Charter Of Rights And Freedoms, Edited By Anne F. Bayefsky And Mary Eberts, Mary Jane Mossman
Articles & Book Chapters
No abstract provided.
Copyright In Foreign Works: Canada's International Obligations, David Vaver
Copyright In Foreign Works: Canada's International Obligations, David Vaver
Articles & Book Chapters
It is anticipated that proposals for a complete overhaul of the copyright laws will be presented to the Canadian Parliament in the very near future. The new legislation will likely extend protection to works and grant rights beyond those existing under the current Copyright Act of 1924. This study examines the extent to which any new legislation must grant national treatment to foreign works, particularly technologies that have developed and rights that have been proposed since the 1924 Act. The focus is on Canada's obligations under the Berne Convention for the Protection of Literary and Artistic Works and under the …