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Articles 1 - 13 of 13

Full-Text Articles in Law

Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk Nov 2002

Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.


The Canadian Forum On Civil Justice: Project Evaluation: Final Report, Réjeanne Lalonde Beals Sep 2002

The Canadian Forum On Civil Justice: Project Evaluation: Final Report, Réjeanne Lalonde Beals

Canadian Forum on Civil Justice

The Department of Justice has funded the Canadian Forum on Civil Justice (CFCJ, or the Forum) in its start-up phase, from 1998/99 to 2000/01. The Forum is now seeking funding for its on-going operations. As part of its decision-making process, the Department determined that an evaluation of the Forum’s activities to-date would be desirable. This evaluation was therefore undertaken to determine whether the Forum has added value to the Canadian civil justice community. This report describes the Forum and its activities, and presents answers to the evaluation questions addressed.


National Post, James Stribopoulos Jul 2002

National Post, James Stribopoulos

Editorials and Commentaries

No abstract provided.


The Charter And Health Care: Guaranteeing Timely Access To Health Care For Canadians, Patrick Monahan, Stanley H. Hartt May 2002

The Charter And Health Care: Guaranteeing Timely Access To Health Care For Canadians, Patrick Monahan, Stanley H. Hartt

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.


Talking With The Public: The Public, Communication And The Civil Justice System, Diana Lowe, Mary Stratton Jan 2002

Talking With The Public: The Public, Communication And The Civil Justice System, Diana Lowe, Mary Stratton

Canadian Forum on Civil Justice

The Canadian Forum on Civil Justice is a non-profit, independent organization dedicated to bringing together the public, the courts, the legal profession and government in order to promote a civil justice system that is accessible, effective, fair and efficient. One initiative of the Forum is the Civil Justice System and the Public, a multi-disciplinary, collaborative research program that begins with the widely accepted belief that there are significant barriers which prevent access to the justice system. One significant barrier is a lack of effective communication between the system and the public. While discussion has now started about how to improve …


Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap Jan 2002

Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap

Articles & Book Chapters

This chapter will identify and examine the major legal issues raised by the development and proliferation of technologies involved in assisted reproduction. It will review the application of existing legal principles, statutes and common law rules to these issues, and will illustrate the uncertainty present in the current legal regime in Canada. The chapter will then evaluate the need for a unified regulatory framework for reproductive technologies ("RTs").' While the focus of the chapter is an identification and review of the legal issues, it should be understood that these are shaped in a moral, ethical and social context.


Canada's Position On A Multilateral Judgments Convention, Janet Walker Jan 2002

Canada's Position On A Multilateral Judgments Convention, Janet Walker

Articles & Book Chapters

This article outlines the key concerns for Canadians in the prospective Hague Multilateral Judgments Convention.


Legal Aid, Frederick H. Zemans Jan 2002

Legal Aid, Frederick H. Zemans

Articles & Book Chapters

No abstract provided.


Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare Jan 2002

Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare

Articles & Book Chapters

The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960s and 1970s, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …


Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker Jan 2002

Beals V. Saldanha: Striking The Comity Balance Anew, Janet Walker

Articles & Book Chapters

With the willingness to enforce foreign default judgments against defendants who did not consent to the jurisdiction of the foreign court and were not local persons there, Canadian courts may need to reconsider the narrowly framed defences so as to strike the comity balance anew.


A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger Jan 2002

A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger

Articles & Book Chapters

The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a …


Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil Jan 2002

Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil

Articles & Book Chapters

Aboriginal title to land, as defined by the courts, has a number of sui generis aspects. Prominent among these is its inalienability, other than by surrender to the Crown. Two explanations are usually given for this: the need to protect Aboriginal peoples from exploitation by unscrupulous European settlers, and the incapacity of the settlers to obtain title to land otherwise than by Crown grant. While acknowledging that the need for protection of Aboriginal lands was important historically, this article argues that it is paternalistic to rely on this explanation for inalienability today. The incapacity of settlers is a more satisfactory …


Book Review: Bankruptcy, Insolvency And Family Law, Stephanie Ben-Ishai Jan 2002

Book Review: Bankruptcy, Insolvency And Family Law, Stephanie Ben-Ishai

Articles & Book Chapters

This is a review of Bankruptcy, Insolvency and Family Law, 2d ed by Robert A. Klotz.