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Articles 1 - 30 of 45
Full-Text Articles in Law
Migrant Smuggling: Canada's Response To A Global Criminal Enterprise: With An Assessment Of The Preventing Human Smugglers From Abusing Canada's Immigration System Act (Bill C-4), Benjamin Perrin
All Faculty Publications
Migrant smuggling is a dangerous, sometimes deadly, criminal activity which cannot be rationalized, justified, or excused. From both a supply and demand side, failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel; endangers the lives and safety of smuggled migrants, undermines border security, with consequences for the Canada/U.S. border, and undermines the integrity and fairness of Canada’s mmigration system. Introduced in Parliament in June, 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration …
Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert
Donor Unknown: Assessing The Section 15 Rights Of Donor-Conceived Offspring, Vanessa Gruben, Daphne Gilbert
Canadian Journal of Family Law
No abstract provided.
“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi
“Putting The Child First”: A Necessary Step In The Recognition Of The Right To Identity, Michelle Giroux, Mariana De Lorenzi
Canadian Journal of Family Law
In recent years, the number of nations which have banned the anonymous character of gamete donations has increased, including nations that once strongly supported such a position. This shift in national legislative policy worldwide has aided a growing recognition of the right to know one's origins in international law and gives a wider effect to this fundamental right. In Canada, while there has been discussion about the importance of the right to know one's biological origins, this right has not been universally guaranteed through legislation, either to adoptees or to the donor-conceived. This article refers mostly to Québec legislation, but …
Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single
Mothers Wishing To Relocate With Children: Actual And Perceived Reasons, Patrick Parkinson, Judy Cashmore, Judi Single
Canadian Journal of Family Law
Thirty-eight mothers in Australia who wanted to move with their children were interviewed about their reasons for wanting to relocate. Forty men, all of whom opposed the mother's move, were also interviewed about what they perceived the mother's reasons were. There were nine former couples in the study. Most women had more than one reason for wanting to relocate, and there were quite often disparate reasons. Women's reasons mainly focused on relationships with family or potential new partners. Conversely, men were more likely to perceive the real reasons as being related to financial issues, jobs, and lifestyle. The article explores …
Introduction To Schreyer V Schreyer
Introduction To Schreyer V Schreyer
Canadian Journal of Family Law
No abstract provided.
Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra
Out In The Cold: Schreyer V Schreyer’S Call For Law Reform, Susan Boyd, Janis Sarra
Canadian Journal of Family Law
No abstract provided.
Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter
Introducing The Next Class Of Bastard: An Assessment Of The Definitional Implications Of The Succession Law Reform Act For After-Born Children, Courtney Retter
Canadian Journal of Family Law
After-born children are anachronistic aberrations. Defying any commonsense notion of procreation, an after-born child is conceived after the death of its parent. While a remarkable feat for reproductive medical science, posthumously conceived children push the boundaries of existing laws, creating problems previous generations of lawmakers did not need to consider. This article examines the challenges posed by after-born children in the area of intestate succession law. More specifically, using the province of Ontario as a case study, this article argues that the definitions of "child" and "issue" in the Succession Law Reform Act ["SLRA"] subject after-born children to …
"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet
"See You On Skype!": Relocation, Access, And Virtual Parenting In The Digital Age, Christine E. Doucet
Canadian Journal of Family Law
Since its emergence in the 1990s, the Internet has been celebrated as a tool for connecting people from all corners of the globe. Electronic communication tools, such as the Internet, now have a significant role in daily life, particularly with young people. While the legal field traditionally lags behind in integrating technological advancements into practice, these developments are increasingly, albeit somewhat slowly, being incorporated in family law disputes. Courts are now considering the use of virtual visitation to facilitate access between noncustodial parents and their children, particularly in contested relocation cases. This paper will examine the use of virtual visitation …
Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood
Share The Wealth? Kerr V Baranow And The "Joint Family Venture", Jennifer Flood
Canadian Journal of Family Law
No abstract provided.
The Direct Voice In Legal Discussions On Equality: An Essay, Bruce Macdougall
The Direct Voice In Legal Discussions On Equality: An Essay, Bruce Macdougall
All Faculty Publications
There are certain areas of law where it assists a scholar (and perhaps to an extent a lawyer) to have an overtly and directly personal stake in the legal discussion or debate in which he or she engages. When engaging in such a discussion in this personal way, the participant uses a "direct" voice. To be distinguished from this type of participant is a person who, while interested intellectually or politically, does not have the same personal stake in the outcome of the discussion or debate. This person has an "indirect" voice; in fact, in most legal discussions, most participants …
Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay
Schreyer V Schreyer: Should British Columbia Care?, Mark R. Slay
Canadian Journal of Family Law
No abstract provided.
Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan
Book Review: Transforming Law’S Family: The Legal Recognition Of Planned Lesbian Motherhood By Fiona Kelly, Shelley A.M. Gavigan
Canadian Journal of Family Law
No abstract provided.
Responsive Regulation In Context, Circa 2011, Cristie Ford, Natasha Affolder
Responsive Regulation In Context, Circa 2011, Cristie Ford, Natasha Affolder
All Faculty Publications
In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state and evolution of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite, the faculty's inaugural Fasken Martineau Senior Visiting Scholar.' Given that we are on the cusp of the twentieth anniversary of Ian Ayres and John Braithwaite's seminal book, Responsive Regulation: Transcending the Deregulation Debate,' it is appropriate that this issue begins with John Braithwaite's own reflections on the responsive regulation project. On one level, the set …
Introduction: Changing Dimensions Of The Canada-China Relations, Pitman B. Potter, Thomas Adams
Introduction: Changing Dimensions Of The Canada-China Relations, Pitman B. Potter, Thomas Adams
All Faculty Publications
Bilateral relations with the People’s Republic of China involve matters of great strategic interest to Canada. Recent changes in the frequency of high level visits; the effect, style and content of bilateral communications; and perspectives held by various sectors in each country about the other all suggest that the Canada-China relationship has changed significantly in recent years. China remains vitally important to Canada for a variety of reasons and in a variety of sectors. Political and diplomatic cooperation on issues of direct bilateral concern and also on issues of global import remains critically important. Commercial and trade ties linking Canada …
The Tax Consequences Of Corporate Reorganisations In China, Wei Cui, Richard Krever
The Tax Consequences Of Corporate Reorganisations In China, Wei Cui, Richard Krever
All Faculty Publications
The story of China’s income taxation of corporate reorganisations falls into four distinct periods. The first years of the development of a market economy were a period of benign neglect as tax authorities came to grips with a new tax system and some domestic taxpayers exploited unintended exemptions for reorganisation transactions. A dialectic emerged during the second period of reform with a shift towards a more conventional company tax system based on widely-accepted normative tax principles, while at the same time concessional rules were enacted for transactions favoured by the economic planners. The third stage saw a winding back of …
Tax Expenditures To Limit The Growth Of Carbon Emissions In Canada: Identification And Evaluation, David G. Duff, E. Ian Wiebe
Tax Expenditures To Limit The Growth Of Carbon Emissions In Canada: Identification And Evaluation, David G. Duff, E. Ian Wiebe
All Faculty Publications
Unlike the U.S., which relies heavily on tax expenditures as instruments of energy and climate change policy, Canada has introduced very few such tax expenditures, relying instead on voluntary initiatives, direct subsidies, and limited regulatory measures to limit carbon emissions. This paper identifies and evaluates the most prominent tax expenditures in Canada to limit the growth of carbon emissions. As background to this inquiry, Part II reviews Canadian experience with carbon emissions over the last two decades and the limited government response to this growing problem. Part III identifies the most prominent tax expenditures that Canadian governments have introduced in …
The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant
The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant
All Faculty Publications
The author of this article argues that Canada’s current approach to the criminalization of HIV transmission is deeply flawed and cries out for clarification. The article first considers the risk of transmission of HIV under various conditions, as determined by recent scientific studies, and concludes that HIV is not easily transmissible through sexual activity. It next examines several crucial factors that contribute to the significance, or lack of significance, of sexual activity by HIV-positive individuals, concluding that the current law creates a “numbers game” for triers of fact. The article then proceeds to a comparative analysis of other Commonwealth countries, …
A Cooperative Conundrum? The Naalc And Mexican Migrant Workers In The United States, Robert Russo
A Cooperative Conundrum? The Naalc And Mexican Migrant Workers In The United States, Robert Russo
All Faculty Publications
Since its adoption in 1993 at the insistence of U.S. President Bill Clinton's administration, the labor side accords to the North American Free Trade Agreement (NAFTA) have been extensively examined, occasionally ridiculed, and often dismissed as irrelevant. Most analysis tends to focus on the disappointing results of the North American Agreement on Labor Cooperation (NAALC) in affecting meaningful changes in the conditions of workers in Mexico. In this article, I aim to take a different approach. My analysis focuses instead primarily on the efficacy of the NAALC process when complaints are made about alleged labor law violations in the United …
Temporarily Unchained: The Drive To Unionize Foreign Seasonal Agricultural Workers In Canada – A Comment On Greenway Farms And Ufcw, Robert Russo
All Faculty Publications
A Case Comment on Greenway Farms and UFCW
Current Jurisdictional And Recognitional Issues In The Conflict Of Laws, Vaughan Black, Joost Blom
Current Jurisdictional And Recognitional Issues In The Conflict Of Laws, Vaughan Black, Joost Blom
All Faculty Publications
In honour of the 40th Consumer and Commercial Law Workshop and the 50th volume of the Canadian Business Law Journal we have been asked to provide a retrospective of developments in the conflict of laws that highlights emerging issues. We have chosen to present it in a conversational fashion in which each of us presents a perspective and the other two offer their comments.
Indigeneity And Sovereignty In Canada's Far North: The Arctic And Inuit Sovereignty, Gordon Christie
Indigeneity And Sovereignty In Canada's Far North: The Arctic And Inuit Sovereignty, Gordon Christie
All Faculty Publications
As the Arctic “opens up” to exploration and economic development, a new stage in colonization looms. This essay builds toward a vision of Arctic nation-states meeting with the Inuit to work out how they might together come to an understanding of how decisions about the future of the Arctic may be appropriately made. The Inuit are currently actively resisting the new wave of colonization within a framework built on the bedrock of nation-state sovereignty. The notion of “sovereignty” serves as a keystone in a system of controlling narratives, functioning to generate and police ways of thinking about decision-making processes, a …
What Is The 'Law' In Chinese Tax Administration?, Wei Cui
What Is The 'Law' In Chinese Tax Administration?, Wei Cui
All Faculty Publications
In December 2009, in just weeks of proximity to the issuance of several controversial, arguably ultra vires tax circulars by the Ministry of Finance and by the State Administration of Taxation (SAT), the latter agency promulgated a seminal regulation governing informal rulemaking activities of all tax authorities in China. This regulation took effect on July 1, 2010, and promises to significantly improve the clarity, transparency, predictability, and quality of tax rulemaking. Ironically, it can also be seen as a rebuke to a cynical view that is rather prevalent among Chinese tax practitioners and reinforced by the recent problematic tax circulars. …
Fiscal Federalism In Chinese Taxation, Wei Cui
Fiscal Federalism In Chinese Taxation, Wei Cui
All Faculty Publications
The recent policy literature on fiscal federalism in China has concentrated on the large “vertical fiscal gap” resulting in inadequate local provision of public goods and services. Thus there is an evident interest in giving local governments more taxing powers. After a brief historical survey, the article discusses a 1993 State Council directive that centralized taxing power. This has led local governments to make use of their control over tax administration to alter effective tax rates, and to the practice of “refund after collection”, whereby local governments disguise tax cuts as expenditures, following a logic opposite to tax expenditures. This …
Corporate Monitorships And New Governance Regulation: In Theory, In Practice, And In Context, Cristie Ford, David Hess
Corporate Monitorships And New Governance Regulation: In Theory, In Practice, And In Context, Cristie Ford, David Hess
All Faculty Publications
This paper was prepared for a conference on "New Governance and the Business Organization" at the University of British Columbia in May 2009. It considers government agencies' increasingly common strategy of resolving corporate criminal law and securities regulations violations by way of settlement agreements that require corporations to improve their compliance programs and hire independent monitors to oversee the changes. Based on our interviews with corporate monitors, regulators, and others in the United States and Canada, we identify the ways in which these monitorships in practice fall substantially short of the ideal new governance model we describe. These failings are …
Macro- And Micro-Level Effects On Responsive Financial Regulation, Cristie Ford
Macro- And Micro-Level Effects On Responsive Financial Regulation, Cristie Ford
All Faculty Publications
We are approaching the 20th anniversary of Ian Ayres’ and John Braithwaite’s 1992 book, Responsive Regulation. This paper, which was prepared for a September 2010 workshop at UBC, considers the implications of the recent financial crisis for Ayres’ and Braithwaite’s concept of “enforced self-regulation.” Its main thesis is that flexible and iterative regulatory strategies, such as enforced self-regulation and its progeny, are more porous to influence from different planes of action than prescriptive regulation would be. When focusing on technical regulatory design strategies, scholars should therefore be cautious about bracketing or underestimating the problem of power operating at the “macro …
Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon
Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon
All Faculty Publications
In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state, and evolution, of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite as UBC Law’s inaugural Fasken Martineau Senior Visiting Scholar. This paper is an introductory essay to the special edition of the UBC Law Review devoted to the workshop’s resulting work products. The volume begins with John Braithwaite’s own reflections on the responsive regulation project. On one level, the set of essays that follows his can …
Protecting Information Privacy, Charles D. Raab, Benjamin J. Goold
Protecting Information Privacy, Charles D. Raab, Benjamin J. Goold
All Faculty Publications
This report for the Equality and Human Rights Commission (the Commission) examines the threats to information privacy that have emerged in recent years, focusing on the activities of the state. It argues that current privacy laws and regulation do not adequately uphold human rights, and that fundamental reform is required. It identifies two principal areas of concern: the state’s handling of personal data, and the use of surveillance by public bodies. The central finding of this report is that the existing approach to the protection of information privacy in the UK is fundamentally flawed, and that there is a pressing …
We Are The (National) Champions: Understanding The Mechanisms Of State Capitalism In China, Li-Wen Lin, Curtis J. Milhaupt
We Are The (National) Champions: Understanding The Mechanisms Of State Capitalism In China, Li-Wen Lin, Curtis J. Milhaupt
All Faculty Publications
While China appears to present a new variety of capitalism, frequently labeled "state capitalism," the features of this system - particularly the organizational structure surrounding China’s most important state-owned enterprises (the national champions) - remains a black box. Corporate governance scholarship on China has focused on listed firms, but listed SOEs in China are nested in vertically integrated corporate groups, and the groups are strategically linked to other business groups, as well as to the Communist Party and to governmental organs. While the parent company of the listed firms has a governmental controlling shareholder in the form of an agency …
Prudential, Pragmatic And Prescient, Reform Of Bank Resolution Schemes, Janis P. Sarra
Prudential, Pragmatic And Prescient, Reform Of Bank Resolution Schemes, Janis P. Sarra
All Faculty Publications
The 2008-2009 global financial crisis highlighted the interdependency of financial institutions and markets worldwide. Globally, fiscal support packages totaling 3 trillion USD were introduced, placing enormous strain on the public finances of a number of countries. Even in jurisdictions such as Canada, with relatively well-managed banking systems, a generalized loss of confidence led to a sharp rise in funding costs. The largest negative effects of the financial crisis on the Canadian economy stemmed from crises originating in other countries, with adverse contagion effects on the Canadian banking system, making it very difficult for Canadian banks to fund themselves in foreign …
Risk Management, Responsive Regulation, And Oversight Of Structured Financial Product Markets, Janis P. Sarra
Risk Management, Responsive Regulation, And Oversight Of Structured Financial Product Markets, Janis P. Sarra
All Faculty Publications
Globally, regulators, supervisory authorities, and governments are grappling with what have now been identified as systemic risk factors that contributed to the recent global financial crisis. Internationally, the Basel Committee on Banking Supervision and other organizations are developing standards to identify and address systemic risk, suggesting that the extent of regulation or exemption from it can serve as a mechanism by which risk is transferred within the financial system. The Cross-border Bank Resolution Group of the Basel Committee has developed ten recommendations as a result of its stocktaking of lessons learned from the financial crisis.' The Financial Stability Board (FSB), …