Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Family Law (15)
- Law and Society (14)
- Tax Law (5)
- Criminal Law (4)
- Human Rights Law (4)
-
- Law and Gender (4)
- Business Organizations Law (3)
- Constitutional Law (3)
- Environmental Law (3)
- Immigration Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Intellectual Property Law (2)
- International Law (2)
- International Trade Law (2)
- Privacy Law (2)
- Property Law and Real Estate (2)
- Securities Law (2)
- Sexuality and the Law (2)
- Administrative Law (1)
- Agriculture Law (1)
- Biodiversity (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Courts (1)
- Evidence (1)
- International Humanitarian Law (1)
- Legal Profession (1)
- Keyword
-
- Biodiversity (1)
- Canada; Charter of Rights and Freedoms; Section 15; Equality Rights (1)
- Canada; Criminal law; Homicide; Family violence; spousal homicide; femicide Sentencing (1)
- Canada; Securities law; Class actions; Comparative law; Director liability; Director & Officer Insurance (1)
- Canada; Uniform Electronic Evidence Act; Law of Evidence; Digital records (1)
-
- Canada; criminal law; sexual assault; intoxication; incapacity; involuntariness; consent; proof; sex equality (1)
- Character (1)
- Charities; Terrorism (1)
- China (1)
- Chinese taxation; permanent establishment; Enterprise Income Tax (1)
- Civil unions (1)
- Convention on Biological Diversity (1)
- Corporations (1)
- Destabilization rights; property; Unger; Berle; derivatives; legal theory (1)
- Environmental Contracts (1)
- Fair use; copyright; digital; Copyright Act; Bill C-32; expression; copyright infringement; transformative use (1)
- Fisheries; Indigenous people; Aboriginal and treaty rights; Canada (1)
- Forced marriage; human rights; refugee law; persecution; gender; sexuality (1)
- Foreign Entities (1)
- Gay rights (1)
- Human Trafficking; Canada; Slavery; Victims (1)
- Human rights (1)
- IP (1)
- ISO 26000; Sphere of Influence; John Ruggie; Social Responsibility; Business and Human Rights; International Organization for Standardization; United Nations Global Compact; ISO 14001 (1)
- Incrementalism (1)
- International Treaties (1)
- Investment Arbitration; Backlash; Discontent; Critiques (1)
- Land; Title registration; Torrens system; Legal history; Canada; Australia (1)
- Marriage (1)
- Mining (1)
- Publication Type
Articles 1 - 30 of 47
Full-Text Articles in Law
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly
Canadian Journal of Family Law
Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act ("AHRA") does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the …
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein
Canadian Journal of Family Law
This paper explores the impact of laws regarding assisted conception and the discriminatory effect these laws have in light of non-traditional family forms. Specifically, it considers the Processing and Distribution of Semen for Assisted Conception Regulations and how these regulations serve to exclude certain individuals who do not fit into the "traditional" nuclear family model. The author critiques the judgement of Susan Doe v. Attorney General of Canada and calls for legislative reform in order for the laws to accurately reflect realities of the family in the 21st century.
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Access Barred: The Effects Of The Cuts And Restructuring Of Legal Aid In B.C. On Women Attempting To Navigate The Provincial Family Court System, Jaime Sarophim
Canadian Journal of Family Law
Self-represented litigants are becoming an epidemic in the B.C. provincial court system. Litigants who lack legal training and knowledge about the formalities of the court often slow and disrupt the justice system. The cuts to legal aid and the Supreme Court of Canada decision in Christie have contributed to this epidemic. The purpose of this paper is to discuss some of the challenges that self-represented litigants pose to the family law justice system. The erosions to legal aid funding and services have had a disproportionately negative effect on women. It has forced women to become self-represented litigants, resulting in women's …
Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds
Towards A Right To Engage In The Fair Transformative Use Of Copyright‑Protected Expression, Graham Reynolds
All Faculty Publications
Networked digital technologies have given Canadians the opportunity to engage with culture in a way that has never before been possible. Empowered and inspired, individuals from Prince George to the Georgian Bay to George Street are rejecting their former role as passive consumers of culture in order to participate in a continuing process of cultural (re)creation, production, and dialogue. One way in which they are doing so is by engaging in the transformative use of existing expression, a type of creative activity in which previously existing expression is reworked for a new purpose, with new interpretations or with a new …
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Introduction To "Rethinking Assisted Conception", Fiona Kelly
Canadian Journal of Family Law
No abstract provided.
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Réponse Jurisprudentielle À La Pratique Des Meres Porteuses Au Québec; Une Difficile Reconciliation, Louise Langevin
Canadian Journal of Family Law
Le présent article propose une analyse des récentes décisions des tribunaux québécois en matière de maternité de substitution. La jurisprudence interprète de façon très différente l'article 541 du Code civil, qui déclare nulles les conventions de maternité pour autrui. Mais semble se dessiner un courant en faveur d'une telle pratique, ce qui rejoint l'état du droit dans les provinces canadiennes. Le législateur devra donc clarifier les paramètres de la pratique des mères porteuses, puisque trop de questions sont laissées en suspend par les décisions récentes. L'auteure dénonce le discours d'égalité et d'altruisme présenté comme fondement à cette pratique. À …
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Navigating Potentially Conflicting Political Rationalities: Discursive Strategies About “Family” In Alberta’S Child Welfare Law, Joshua Friedstadt
Canadian Journal of Family Law
This paper empirically investigates how lawmakers navigate family law's contested terrain. Using Alberta's newest child welfare law, the Child, Youth and Family Enhancement Act (2004) as a case, I explain the discursive strategies used to pass this unique law through a socio-political context dominated by political rationalities with partially divergent ideas of "family." Analysis reveals two dominant discursive strategies. The first creates a discursive framework that expels welfarist rationalities and centers tensional neoliberal and neoconservative logics. The second navigates the tensions between neoliberal and neoconservative images of family by constituting the content of families as autonomous and responsible while leaving …
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
The Best Interests Of Children: An Evidence-Based Approach By Paul Millar, Gene C. Coleman
Canadian Journal of Family Law
No abstract provided.
One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson
One Judge For One Family: Differentiated Case Management For Families In Continuing Conflict, Nicholas Bala, Rachel Birnbaum, Donna Martinson
Canadian Journal of Family Law
Understanding the differences between family cases and other types of litigation is essential for an appropriate response to family disputes. Judges have a role in family cases that markedly differs from the traditional judicial role. The authors argue that an effective and accessible family justice system requires pre-trial and post-trial case management by a single judge, an approach to family justice reflected in the slogan: "One judge for one family." Judges should have the necessary knowledge, skills, and training needed to resolve family disputes and to help effect changes in parental behaviours and attitudes, as well as the willingness to …
Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers
Newborn Adoption: Birth Mothers, Genetic Fathers, And Reproductive Autonomy, Lori Chambers
Canadian Journal of Family Law
Overwhelmingly, Canadian-born children relinquished for newborn adoption have been born to unmarried mothers. Under provincial adoption acts, in cases of "illegitimacy" only the mother's consent was necessary for a child to be eligible for adoption. Since adoption statutes were introduced, however, the distinctions between those born within and outside of marriage have been eliminated at law. Provincial legislation now recognizes a wide range of unmarried men as fathers, lists circumstances under which paternity will be presumed and provides for the use of genetic testing. But this raises significant questions in the context of newborn adoption. Whose consent is required to …
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Revisiting The Handmaid’S Tale: Feminist Theory Meets Empirical Research On Surrogate Mothers, Karen Busby, Delaney Vun
Canadian Journal of Family Law
After briefly reviewing laws on surrogate motherhood in Canada, the United States, and Britain, the authors consider nearly 40 empirical research studies on the characteristics and experiences of women who have been surrogate mothers. Empiricism meets feminist theory as we revisit arguments against surrogacy arrangements, including the inability to give informed consent, the inherently exploitative nature of the arrangements, and the dangers of commodification. In light of our observations based on the empirical research, we argue that it may be time to review Canadian surrogacy laws.
The Slave Trade Is Back: Confronting Human Trafficking In Canada And Beyond, Benjamin Perrin
The Slave Trade Is Back: Confronting Human Trafficking In Canada And Beyond, Benjamin Perrin
All Faculty Publications
Individual liberty is being systematically attacked in Canada and around the world with a resurgence in the last two decades of human trafficking — a modern-day form of slavery. Modern-day slavery is thriving in countries as diverse as Cambodia and Costa Rica, India and Italy, as well as the Ukraine and the United States itself. International policing agencies say that illegal profits from modern-day slavery rival that of drug and weapons trafficking. While countries around the world have been tackling the issue for over a decade, Canada’s response has been comparatively lethargic due to a lack of widespread awareness about …
Tax Classification Of Foreign Entities In China: The Current State Of Play, Wei Cui
Tax Classification Of Foreign Entities In China: The Current State Of Play, Wei Cui
All Faculty Publications
This article considers recent changes to the classification of foreign entities under Chinese tax law, the implications for China’s treaty partners in this regard and the general legal framework within which future changes may occur.
Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni
Incrementalism, Civil Unions, And The Possibility Of Predicting Legal Recognition Of Same-Sex Marriage, Erez Aloni
All Faculty Publications
Scholars who have examined the legal recognition of same-sex partnerships in European countries have concluded that the path to the legalization of same-sex marriage follows an incremental process involving specific stages. They suggest that it is possible to predict, based on certain visible social and legal processes or assessable parameters, which U.S. states will be the next to recognize same-sex marriage. These scholars argue that such small cumulative legal changes at the state level constitute the best means of legalizing same-sex marriage in the United States, and that civil unions are a necessary step in this process. This article shows …
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
De-Anonymising Sperm Donors In Canada: Some Doubts And Directions, Angela Cameron, Vanessa Gruben, Fiona Kelly
Canadian Journal of Family Law
This paper addresses whether sperm donor anonymity should continue in Canada and what the effects might be of abolishing anonymity, particularly for marginalized groups such as lesbian mothers. The first part of the paper outlines the legislative and historical context surrounding the donor anonymity debate in Canada. The second part of the paper addresses the interests of the various social and legal stakeholders, including donor conceived offspring, the social and biological parents of those offspring, and sperm donors. The final segment outlines a twofold law reform agenda. First, it is proposed that Canada prospectively abolish donor anonymity in an effort …
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Unheard Voices: Adoption Narratives Of Same-Sex Male Couples, Malcolm Dort
Canadian Journal of Family Law
This is the first legal study in Canada on same-sex adoption law, adoption administrative practice, and the social realities of parenting as experienced specifically by same-sex male couples. This paper identifies a gap in existing legal literature and jurisprudence with respect to the adoption narratives of same-sex male couples. Next, focusing on the province of Québec, it offers insight into how legal rules and social expectations construct families headed by such couples. It also highlights how, post-adoption, same-sex male couples conceive of their own families in a legal and social environment that continues to privilege heterosexual family models. Contradictorily, by …
The Market For Treaties, Natasha Affolder
The Market For Treaties, Natasha Affolder
All Faculty Publications
Corporations are consumers of treaty law. In this article, I empirically examine three biodiversity treaty regimes - the Convention on Biological Diversity, Ramsar Convention, and World Heritage Convention - to demonstrate that corporations implement or internalize treaty norms in a variety of ways that are not captured by the dominant model of treaty implementation – national implementation. As an exegetical model, I explore how corporations use biodiversity treaties as a source of private environmental standards. I focus on the interactions between mining and oil and gas companies and biodiversity treaties, as revealed through transactional documents, corporate reports, security law filings, …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
Establishment': A Core Concept In Chinese Inbound Income Taxation, Wei Cui
Establishment': A Core Concept In Chinese Inbound Income Taxation, Wei Cui
All Faculty Publications
Analogous with the concept of a US "trade or business" in US federal income tax law, the concept of "establishment" under Chinese tax law determines the boundary between net-income and gross-income taxation of inbound investments. As central as the concept is, it has received surprisingly little interpretation. As China increasingly opens to foreign portfolio investment and makes new non-corporate business forms available to foreigners, the term is urgently in need of clarification. This Article describes the recent regulatory and commercial developments in China that may rekindle interest in elaborating the meaning of "establishment." It then discusses the interpretations that have …
Responses To Tax Treaty Shopping: A Comparative Evaluation, David G. Duff
Responses To Tax Treaty Shopping: A Comparative Evaluation, David G. Duff
All Faculty Publications
Over the last 40 years, the world has experienced exponential growth in international trade and investment, as well as the number of bilateral tax treaties which now number roughly 3,000. As the globalization of economic activity has greatly increased opportunities for tax avoidance and evasion, so also has the expansion of the international tax treaty network increased opportunities for taxpayers to take advantage of domestic tax rules and bilateral tax treaties by arranging their affairs in ways that reduce taxes otherwise owing or eliminate them altogether. Regarding many of these arrangements as abusive treaty shopping, the OECD and several member …
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
Food Fish, Commercial Fish, And Fish To Support A Moderate Livelihood: Characterizing Aboriginal And Treaty Rights To Canadian Fisheries, Douglas C. Harris, Peter Millerd
All Faculty Publications
The Aboriginal peoples of Canada stand in a different legal relationship to the fisheries than non-Aboriginal Canadians. They do so by virtue of a long history with the fisheries that precedes non-Aboriginal settlement in North America, and because of the constitutional entrenchment of Aboriginal and treaty rights in Canadian law. This article describes the characterizations of Aboriginal and treaty rights to fish in Canadian law and discusses what it means for rights characterized in terms of food fishing, commercial fishing, and fishing to support a moderate livelihood, to receive constitutional protection. The article then problematizes these characterizations and suggests that …
The Backlash Against Investment Arbitration: Perceptions And Reality, Michael Waibel, Asha Kaushal, Kwo-Hwa Liz Chung, Claire Balchin
The Backlash Against Investment Arbitration: Perceptions And Reality, Michael Waibel, Asha Kaushal, Kwo-Hwa Liz Chung, Claire Balchin
All Faculty Publications
Commentators increasingly question whether a backlash against the foreign investment regime is underway. This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime. A diverse set of contributors reflect on the current state and the future direction of the international investment regime, and offer some tentative solutions for improvement: academics, practitioners, government officials and civil society. Contributors assess whether the current regime of investment arbitration is in crisis. They take a step back to look at the …
China, Wei Cui
China, Wei Cui
All Faculty Publications
The Chinese indirect tax system is on the eve of a major overhaul, with the integration of the VAT and business tax (BT) to start in select industries in Shanghai on January 1, 2012. This paper provides an overview of China's idiosyncratic VAT as well as the BT as they stood towards the end of 2010. BT law and practice are discussed only in connection with select conceptual issues such as the exclusion from the VAT/BT base, place of supply, etc. This decision is based on the considerations that many of the legal issues arising under the VAT cannot be …
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
Forced Marriage As A Harm In Domestic And International Law, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
This article reports on our analysis of 120 refugee cases from Australia, Canada, and Britain where an actual or threatened forced marriage was part of the claim for protection. We found that forced marriage was rarely considered by refugee decision makers to be a harm in and of itself. This finding contributes to understanding how gender and sexuality are analysed within refugee law, because the harm of forced marriage is experienced differently by lesbians, gay men and heterosexual women. We contrast our findings in the refugee case law with domestic initiatives in Europe aimed at protecting nationals from forced marriages …
Forced Marriage And The Exoticization Of Gendered Harms In United States Asylum Law, Jenni Millbank, Catherine Dauvergne
Forced Marriage And The Exoticization Of Gendered Harms In United States Asylum Law, Jenni Millbank, Catherine Dauvergne
All Faculty Publications
While claims of forced marriage or pressure to marry represent only a tiny portion of refugee claims overall, they provide an illuminating sliver reflecting the major recurring themes in gender and sexuality claims from recent decades. Refusal to marry is a flashpoint for expressing non-conformity with expected gender roles for heterosexual women, lesbians and gay men. This paper presents results from our study of 168 refugee decisions from Australia, Canada, the United Kingdom and the United States where part of the claim for refugee protection concerned actual or threatened forced marriage. In the present discussion, we highlight our findings from …
Charities And Terrorist Financing, David G. Duff
Charities And Terrorist Financing, David G. Duff
All Faculty Publications
A decade after the bombing of Air India Flight 182 in June 1985, many Canadians were shocked to learn that the Babbar Khalsa Society – a militant organization dedicated to the establishment of an independent state in northern India, members of which are believed to have planned the Air India bombing – had been granted charitable status in Canada. Although the organization’s charitable status was revoked in 1996, reports also suggested that funds collected to support Sikh temples in Canada may have been diverted to support Sikh militancy in India. This article examines the relationship between charities and terrorist financing …
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie Ford
All Faculty Publications
This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the …
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
All Faculty Publications
This paper was produced for “In Berle’s Footsteps,” a symposium marking the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society at the University of Seattle School of Law. It considers the light that the “derivatives revolution” sheds on the theoretical perspectives of Roberto Unger and Adolf Berle. While an unlikely pair, both Unger and Berle focused, in different ways, on the same issues: property, the power associated with property, and the impact of “smashing the atom” of traditional property rights. For Unger, breaking down consolidated property holding at the societal level was a pro-democratic move. …