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Articles 1 - 7 of 7
Full-Text Articles in Law
A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs
A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs
Law Publications
In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are transparent, accountable and efficient in their operations while preserving their decision-making independence. This approach aims to bring the executive branch of government and tribunals together in achieving effective and accountable internal tribunal governance. Through the use of illustrative cases, the author argues, however, that the statute does not address many of the contemporary concerns about administrative independence and accountability that tribunals experience on the ground. She …
Cost-Benefit Analysis Of Family Service Delivery: Disease, Prevention, And Treatment, Noel Semple
Cost-Benefit Analysis Of Family Service Delivery: Disease, Prevention, And Treatment, Noel Semple
Law Publications
Family relationships are both a source of profound satisfaction, and a source of profound challenges for Ontarians. All family relationships end eventually, and it is not always death which does them part. At least 40% of intimate relationships between adults are eventually terminated by the choice of one or both parties.1 Some intimate relationships dissolve painlessly. Many others, however, create serious challenges when they end, both for the individuals involved and for Ontario as a whole. From the province’s point of view, these family challenges can be analogized to a public health problem. The malady in question is not generally …
Whose Best Interests? Custody And Access Law And Procedure, Noel Semple
Whose Best Interests? Custody And Access Law And Procedure, Noel Semple
Law Publications
Custody and access disputes arise when separated parents cannot agree about how to divide the ongoing rights and responsibilities of parenting. “Custody” usually means the right to make decisions on behalf of a child, and the right to have care and control of a child. “Access” refers to the right to be with or communicate with a child, and may also include the right to obtain information about a child. While most parents resolve custody and access disputes privately, a substantial number also pass through our courts. In 1998, proposals to amend the Divorce Act triggered a heated debate about …
The Silent Child: A Quantitative Analysis Of Children’S Evidence In Canadian Custody And Access Cases, Noel Semple
The Silent Child: A Quantitative Analysis Of Children’S Evidence In Canadian Custody And Access Cases, Noel Semple
Law Publications
There are two possible forms of evidence in a custody or access (visitation) case which is determined through adjudication. First, the judge may hear from the adult parties and the witnesses whom they choose to call. Second, the judge may hear “children’s evidence,” which comes either directly from the child, or from a neutral professional with child-related expertise. To determine the prevalence of children’s evidence in Canadian custody and access litigation, the author conducted a quantitative survey of 181 reported decisions from 2009. The central finding was that only 45% mentioned any form of children’s evidence. Among the various varieties …
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part One), Pascale Chapdelaine
Living In The Shadow Of The Intangible: The Nature Of The Copy Of A Copyrighted Work (Part One), Pascale Chapdelaine
Law Publications
Copyright laws throughout the world are copyright holder centric and present a very fragmented source to comprehend the rights of users, and in particular of consumers owning copies of copyrighted works. Although in recent years, a growing number of commentators have worked towards defining the place of users in copyright law, little attention has been devoted to the nature and justifications of copy ownership of copyrighted works. This paper applies property and copyright theory to define and justify the existence of copy ownership of copyrighted works. It seeks to carve out in clearer terms the place of copy ownership legally …
Sri Lankan Presidential Commission Of Inquiry (2007): Did It Amount To A Fair Hearing?, Sujith Xavier
Sri Lankan Presidential Commission Of Inquiry (2007): Did It Amount To A Fair Hearing?, Sujith Xavier
Law Publications
In this paper, the aim is to assess the procedure of the recent Sri Lankan Presidential Commission of Inquiry and to provide a substantive legal critique of the conflict of interest that troubled the Commission.
History In The Balance: Copyright And Access To Knowledge, Myra Tawfik
History In The Balance: Copyright And Access To Knowledge, Myra Tawfik
Law Publications
No abstract provided.