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Articles 1 - 22 of 22
Full-Text Articles in Law
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
San Diego International Law Journal
There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …
Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly
Enforcing A Parent/Child Relationship At All Cost?: Supervised Access Orders In The Canadian Courts, Fiona Kelly
Osgoode Hall Law Journal
Supervised access has become a key component of Canadian custody and access decision making in recent years, in large part due to a shift in attitudes towards post-separation contact between non-custodial parents, typically fathers, and their children. While the sole criterion upon which an access decision can be made is the “best interests of the child,” the increased emphasis on ensuring that children have “maximum contact” with each of their parents post-separation, and the particular focus on maintaining paternal contact, has meant that orders for “no access” have almost disappeared. In an effort to unpack the themes underlying supervised access …
No Longer "Naked And Shivering Outside Her Gates": Establishing Law As A Full-Time On-Campus Academic Discipline At Mcgill University Inthe Nineteenth Century, A J. Hobbins
Dalhousie Law Journal
Although Canada was a single province (1763-1791), subsequently divided into Upper and Lower Canada, legal education developed very differently in the two components. The Law Society of Upper Canada controlled legal education in Ontario until the second half of the twentieth century, while in Quebec, where the legal system was based on both civil and common law, university-based legal education began in the first half of the nineteenth century. This study examines how legal education developed at McGill University, moving from part-time teaching by professionals off-campus to an on-campus faculty taught by full-time academics by the end of the century …
Living In Perfect Harmony: Harmonizing Sub-Artic Co-Management Through Judicial Review, Sari Graben
Living In Perfect Harmony: Harmonizing Sub-Artic Co-Management Through Judicial Review, Sari Graben
Osgoode Hall Law Journal
To foster the participation of Aboriginal peoples in resource governance, the Government of Canada has recently restructured a number of administrative regimes, converting them into institutions of co-management. Despite this restructuring, the degree to which Aboriginal peoples’ participation can influence the regulatory output of co-management boards remains uncertain in law. This article deconstructs one interpretive method that can impact participation in co-management regimes: harmonization. Drawing on a trilogy of cases, I argue that recent judicial efforts to harmonize the Mackenzie Valley Resource Management Act with its predecessor, the Canadian Environmental Assessment Act, can limit the regional interpretive differences that Aboriginal …
Revising Canada's Ethical Rules For Judges Returning To Practice, Stephen Ga Pitel, Will Bortolin
Revising Canada's Ethical Rules For Judges Returning To Practice, Stephen Ga Pitel, Will Bortolin
Dalhousie Law Journal
It has recently become more common for retired Canadian judges to return to the practice of law This development raises an array of ethical considerations and potential threats to the integrity of the administration of justice. Although most codes of legal ethics contemplate the possibility of former judges returning to practice, the rules on this particular topic are dated, under-analyzed, and generally inadequate. This article reviews the Canadian ethical rules that specifically relate to former judges and identifies their shortcomings. In doing so, the authors consider, for comparative purposes, Canadian ethical rules directed at former public officers who return to …
The Justiciability Of Climate Change: Acomparison Of Us And Canadian Approaches, Hugh Wilkins
The Justiciability Of Climate Change: Acomparison Of Us And Canadian Approaches, Hugh Wilkins
Dalhousie Law Journal
Climate change-related disputes, which often include novel, complex,or politically sensitive matters, have experienced a mixed reception by the courts. Defendants both in Canada and the United States have raised the issue of justiciabilitythe question of whether a matter is of the quality or state of being appropriate or suitable for review by a court-with some success in attempts to have these cases summarily dismissed. The author reviews the types ofclimate change cases that have been launched, examines the US and Canadian laws of justiciability analyzes the.paths in which the caselaw regarding justiciability in these countries is headed, and suggests how …
Employee Free Choice: Amplifying Employee Voice Without Silencing Employers - A Proposal For Reforming The National Labor Relations Act, Amy Livingston
Employee Free Choice: Amplifying Employee Voice Without Silencing Employers - A Proposal For Reforming The National Labor Relations Act, Amy Livingston
University of Michigan Journal of Law Reform
This Note investigates the effectiveness of the National Labor Relations Act (NLRA) in balancing unions, employers', and employees' rights during the course of union organizing drives. After reviewing case law and commentary, it concludes that the NLRA's certification regime is ineffective and permits pressures that inhibit employees from expressing their real desires about whether or not to be represented by a union. This Note then examines proposed alternatives for certifying unions, and takes note of Canada's federal and ten provincial certification regimes. Finally, it concludes that the NLRA must be amended to protect worker free choice, and proposes reforms including …
Xvi Litigating How We Fight, Ashley S. Deeks
Xvi Litigating How We Fight, Ashley S. Deeks
International Law Studies
No abstract provided.
Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein
Xviii Concluding Remarks: Loac And Attempts To Abuse Or Subvert It, Yoram Dinstein
International Law Studies
No abstract provided.
Canadian Medical Malpractice Law In 2011: Missing The Mark On Patient Safety, Colleen M. Flood, Bryan Thomas
Canadian Medical Malpractice Law In 2011: Missing The Mark On Patient Safety, Colleen M. Flood, Bryan Thomas
Chicago-Kent Law Review
This paper surveys the current state of medical malpractice law in Canada, along with current evidence on adverse events in Canadian hospitals, medical clinics, and long-term care facilities. Though there is currently no "burning platform" to reform Canadian medical malpractice law, the authors raise concerns about the law's failure to deter medical malpractice, as well as concerns about access to justice issues facing victims of medical malpractice. Federal and provincial governments have tried to promote patient safety through various prevention strategies—for example, through the creation of Health Quality Councils, the dissemination of information on best practices, and tighter regulation of …
Breaking Patents, Daniel R. Cahoy
Breaking Patents, Daniel R. Cahoy
Michigan Journal of International Law
In the 1970s and 1980s, the Boeing aircraft company worked to address the rising cost of jet fuel by inventing lighter metal alloys for use in aerospace materials. Among its discoveries was a method of producing aluminum-lithium alloys with high "fracture toughness," and in 1989, Boeing received a patent for the process. Five years later, another aerospace company working as a National Aeronautics and Space Administration (NASA) contractor, Lockheed Martin, was attempting to solve a similar problem related to materials used in the space shuttle. Lighter materials were necessary for future shuttle missions to transport components of the International Space …
The Canadian Criminal Jury, Regina Schuller, Neil Vidmar
The Canadian Criminal Jury, Regina Schuller, Neil Vidmar
Chicago-Kent Law Review
The Canadian criminal jury system has some unique characteristics. In contrast to American law, that gives precedent to free speech over fair trial, and English law, that favors fair trial over free speech, Canadian law occupies a middle ground balancing these competing values. Jury selection procedure in most trials is similar to that of England: jurors are assumed to be "impartial between the Queen and the accused" and are selected without voir dire. However, in cases involving exceptional pretrial publicity or involving accused persons from racial or ethnic minority groups, jurors are vetted by a "challenge for cause" process in …
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
The Role Of Counsel In Canada's Refugee Determinations System: An Empirical Assessment, Sean Rehaag
Osgoode Hall Law Journal
This article examines the role of counsel in Canada's refugee determination process through an investigation of over 70,000 refugee decisions from 2005 to 2009. The article demonstrates that counsel is a key factor driving successful outcomes. The article also shows that legal aid programs are increasingly restrictive in funding legal representation for refugee claimants. The author argues that these restrictions put the lives of refugees at risk. The article also demonstrates that claimants represented by immigration consultants are less likely to succeed than claimants represented by lawyers. This, combined with evidence that the immigration consulting industry has not established adequate …
Assessing The Regulation Of Temporary Foreign Workers In Canada, Sarah Marsden
Assessing The Regulation Of Temporary Foreign Workers In Canada, Sarah Marsden
Osgoode Hall Law Journal
There has been an increase in the number of incoming temporary migrant workers to Canada over the past decade. In this article, I critically assess recent changes in the law governing temporary migration to Canada by using theoretical tools from the fields of sociology, geography, and legal geography. A multidisciplinary framework to understand Canada's labour migration policies is provided. Within the socio-historical context of migrant labour regulation in Canada, I argue that political and regulatory developments function to further entrench segregation and exclusion of foreign workers by maintaining a subclass of flexible labour. Specifically, I show that Canada's current temporary …
Police Independence And The Military Police, Kent Roach
Police Independence And The Military Police, Kent Roach
Osgoode Hall Law Journal
This article examines police independence in the context of the military police. The author concludes that the independence of the military police to investigate both Criminal Code and Code of Service Discipline offences should be recognized as part of the unwritten constitutional principle associated with the rule of law and as a principle of fundamental justice under section 7 of the Charter. The author examines the increased recognition of the importance of police investigative independence since the Somalia Inquiry, including the recent expansion of the command authority of the Canadian Forces Provost Marshal over all military police. The relation between …
Ifit's Reusable Why Not Reuse It? The Reuse Of Single Use Medical Devices, Brian Wilson
Ifit's Reusable Why Not Reuse It? The Reuse Of Single Use Medical Devices, Brian Wilson
Dalhousie Law Journal
The reprocessing and subsequent reuse of medical devices labelled by the manufacturer as 'single-use only' is a cost cutting strategy employed by many healthcare centres. However, attempting to extend the life of a device labelled as 'single-use only' raises a number of unique concerns surrounding the issue of legal liability specifically who should bear responsibility if someone suffers harm as a result of a reprocessed single-use device. Following an overview of the current regulatory environment, the potential tortious liability attaching to those who may be implicated in the reprocessing chain is discussed. Specifically, this paper examines the duty and standard …
Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi
Peter Aucoin, Mark D.Jarvis &Lori Turnbull, Democratizing The Constitution: Reforming Responsible Government, Gregory Tardi
Dalhousie Law Journal
In the aftermath of the Prorogation of Parliament on December 4, 2008, upon the advice of Prime Minister Stephen Harper to then Governor General Michaelle Jean, a particular theme in Canadian literature about governance has flourished. This theme is the influence ofconstitutionalism, democracy and legitimacy on government and politics. In the view of many scholars there is a serious imbalance between the executive branch on one hand and the legislative branch on the other. The sense ofimbalance has generated proposals for changes to the practice of Westminster-style parliamentary democracy in the service of democratic legitimacy.
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee
Standing On A Spectrum: Third Party Standing In The United States, Canada, And Australia, Gwendolyn Mckee
Barry Law Review
This article examines third party standing cases in the United States, Canada, and Australia. It demonstrates that third party standing can only be understood with reference to the role of modern courts in broad-based, constitutional style rights protection. This type of protection has been the main factor driving courts to create exceptions to the traditional standing requirements. It is only once these exceptions have been established that a court begins to consider allowing third party standing in cases that do not involve rights. The effects of this theory can be seen in the three countries examined in this article.
Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec
Canada And Investment Treaty Arbitration: Three Prominent Issues - Icsid Ratification, Constituent Subdivisions, And Health And Environmental Regulation, Barry Leon, Andrew Mcdougall, John Siwiec
South Carolina Journal of International Law and Business
No abstract provided.
I'M Still Your Baby: Canada's Continuing Support Of U.S. Linkage Regulations For Pharmaceuticals, Ron A. Bouchard
I'M Still Your Baby: Canada's Continuing Support Of U.S. Linkage Regulations For Pharmaceuticals, Ron A. Bouchard
Marquette Intellectual Property Law Review
Canada's linkage regime for pharmaceuticals, modeled after the originating U.S. Hatch-Waxman regime, was brought in under intense political pressure to balance effective patent enforcement over new and innovative drugs with the timely market entry of lower-priced generic competitors. It has been almost two decades since the regulations were enacted, and to date, there has been little objective assessment as to whether the regulations have, in fact, stimulated innovation and timely generic entry. We recently completed three empirical studies on the linkage between drug approval and drug patenting under the Patented Medicines (Notice of Compliance) Regulations (NOC Regulations). Of particular interest …
Intellectual Property Colloquium Series: Canada And The Three-Step Test: A Step In Which Direction?, Ysolde Gendreau
Intellectual Property Colloquium Series: Canada And The Three-Step Test: A Step In Which Direction?, Ysolde Gendreau
Marquette Intellectual Property Law Review
In her lecture, Prof. Gendreau discusses the relationship between Canada and the United States when it comes to Copyright law. More specifically, Prof. Gendreau discusses the concept of fair dealing in education in Canada, and then discusses the Canadian provision in the context of international treaties, in particular the TRIPS Agreement and the Berne Convention.
Recent Decisions Under The Investment Canada Act: Is Canada Changing Its Stance On Foreign Direct Investment?, Simone Collins
Recent Decisions Under The Investment Canada Act: Is Canada Changing Its Stance On Foreign Direct Investment?, Simone Collins
Northwestern Journal of International Law & Business
With the globalization of the world’s economy, countries have relied heavily on foreign direct investment within their borders to spur domestic economic growth and compete in the global marketplace. Canada, historically a leading destination for foreign investors, has seen its share of global foreign direct investment decline steadily over the past several decades. Most recently, Canada has made waves in the global community by taking positive actions to interfere with foreign acquisitions of Canadian entities, despite the Canadian government’s declarations to global competitors advocating free market principles and denouncing protectionist policies. This article discusses Canada’s procedures governing foreign direct investment …