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The Supreme Court Of Canada And The Doctrines Of Mens Rea, Paul C. Weiler
The Supreme Court Of Canada And The Doctrines Of Mens Rea, Paul C. Weiler
Articles & Book Chapters
My objective in this study is two-fold. First, I want to examine the decision-making operations of the Supreme Court in the period 1949-1969 by analyzing the reasons and votes in a sequence of related cases. Second, I want to present a critical review of the doctrinal pattern which has emerged in Canadian law in the field in which I have chosen to assess the work of the court. The family of legal problems which I have singled out involve the various excuses to criminal conviction for prohibited conduct -defences which flow from the lack of mens rea, responsibility, or blameworthiness. …
Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel
Exemption From The Jurisdiction Of Canadian Courts, Jean-Gabriel Castel
Articles & Book Chapters
This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian courts.
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Articles & Book Chapters
Although it is hardly necessary to stress the advantages to international relations and international trade which may result from universal recognition and enforcement of foreign judgments, it appears that the increasing volume of international and inter- provincial trade and business has not been followed by a com- parable development of the facilities granted to creditors to recover on their claims. Each country has a tendency to protect itself against the intrusion of foreign judgments, to the prejudice of creditors in whose favour the judgments lie. The principle of territorial sovereignty is said to prevent foreign judgments from having any direct …