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Articles 1 - 13 of 13
Full-Text Articles in Law
Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty
Constituent Assemblies: The Canadian Debate In Comparative And Historical Context, Patrick Monahan, Lynda Covello, Jonathan Batty
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Constitutional Jurisdiction Over Transportation: Recent Developments And Proposals For Change, Patrick Monahan
Constitutional Jurisdiction Over Transportation: Recent Developments And Proposals For Change, Patrick Monahan
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
A New Division Of Powers For Canada, Patrick Monahan, Lynda Covello, Nicola Smith
A New Division Of Powers For Canada, Patrick Monahan, Lynda Covello, Nicola Smith
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Political And Economic Integration: The European Experience And Lessons For Canada, Patrick Monahan
Political And Economic Integration: The European Experience And Lessons For Canada, Patrick Monahan
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Transportation Obligations And The Canadian Constitution, Patrick Monahan
Transportation Obligations And The Canadian Constitution, Patrick Monahan
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Following Up On Interests: The Private Agreement Exemption In Ontario Securities Law, Mary Condon
Following Up On Interests: The Private Agreement Exemption In Ontario Securities Law, Mary Condon
Articles & Book Chapters
This paper uses insights from cultural theories of regulation and critical legal studies to argue that regulatory outcomes are not adequately explained by the activities of dominant interest groups. A more dynamic conception of the relationship between interests and ideas, especially legal ones, is required. Discursive shifts among languages of entrepreneurship, ownership, fairness, and market credibility are shown to be consequential for the outcome of the reform debate examined, not least because of the importance of these ideas, variously interpreted, in shaping the positions of interest groups.
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron
Articles & Book Chapters
This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …
First Nations And The Constitution: A Question Of Trust, Brian Slattery
First Nations And The Constitution: A Question Of Trust, Brian Slattery
Articles & Book Chapters
This article argues that the fiduciary relationship between Aboriginal peoples and the Crown is a special instance of a general doctrine of collective trust that animates the Canadian Constitution as a whole. This doctrine sheds light on the federal structure of Canada the unique status of Quebec, and the position of First Nations as a self-governing polities within Confederation. The article explores the origins and character of the constitutional trust, and considers its application to issues surrounding the inherent Aboriginal right ofself-government and Aboriginal land rights.
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
Articles & Book Chapters
The recent decision of the British Columbia Court of Appeal in Smyth v. Szep once again canvasses the validity of releases signed by injured victims in favour of insurance companies and once again plunges into the murky waters of contractual unconscionability. Both issues have become more or less permanent squatters on judicial calendars throughout North America, and it seems worthwhile to consider why this is so and whether something can be done to reduce their tenure at least in Canada.
The Legal Basis Of Aboriginal Title, Brian Slattery
The Legal Basis Of Aboriginal Title, Brian Slattery
Articles & Book Chapters
This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.
The Myth Of Retributive Justice, Brian Slattery
The Myth Of Retributive Justice, Brian Slattery
Articles & Book Chapters
In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but takes pity and spares him. These tales of retribution and mercy, even reduced to their barest bones, seem to …
The Last Emperor?, Allan C. Hutchinson
Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin
Welfare State Crime In Canada: The Politics Of Tax Evasion In The 1980s, Lorne Sossin
Articles & Book Chapters
This paper considers the phenomenon of tax evasion in the 1980s in Canada as an outgrowth of a crisis in the welfare state. The lack of social protest over the high incidence of tax evasion among the wealthiest stratum of Canadian individuals and corporations is, on this view, linked to the transformation of politicized citizens into depoliticized clients. Tax evasion, along with legal tax avoidance both proliferated in the 1980s which reflects the convergence of a number of events including the increase in use of tax expenditures, the decreasing emphasis on enforcement in tax administration, the rise of neoconservatism and, …