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- Canada; Baker v. Canada; Public Law; Administrative Law; Rule of Law; Procedural Fairness; Ethos of Justification; Duty to Give Reasons (1)
- Children; (1)
- Corporate governance; Africa; King II Report (1)
- Criminal law; De minimis principle; Charter section 7; Charter section 15; Corporal punishment; Drugs (1)
- Forgotten; forest; peri-urban; protection; federal; government (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Targeting Workplace Harassment In Quebec: On Exporting A New Legislative Agenda, Debra Parkes
Targeting Workplace Harassment In Quebec: On Exporting A New Legislative Agenda, Debra Parkes
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For over twenty-five years, Canadian law has prohibited sexual harassment and other forms of discriminatory harassment (meaning harassment that relates to the target's race, disability, sexual orientation, or other similar characteristic). Recent amendments to the Quebec Labour Standards Act aim to fill a gap in the law that currently provides a remedy (under human rights legislation) for discriminatory harassment, but not for harassment that is not obviously linked to the target's membership in a protected class such as that based on race, sex, religion, disability or sexual orientation. This paper takes a preliminary look at this new legislative initiative. It …
Canada’S 'Forgotten Forests': Or, How Ottawa Is Failing Local Communities And The World In Peri-Urban Forest Protection, Stepan Wood
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The forests found in Canada’s rapidly expanding urban fringes have been decimated by agricultural settlement and urban growth, yet they have been largely overlooked in Canadian forest policy debates. While these “peri-urban” forests fall mainly under provincial jurisdiction, this paper argues that the federal government has the authority and opportunity to negotiate a more active role for itself in this area. The paper assesses the federal government’s track record of international commitments and domestic action on peri-urban forests, canvassing developments in six policy areas: general principles; forest conservation and management; biodiversity and endangered species; land securement and ecological gifts; climate …
Tax Treatment Of Charitable Contributions In Canada: Theory, Practice, And Reform, David G. Duff
Tax Treatment Of Charitable Contributions In Canada: Theory, Practice, And Reform, David G. Duff
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Tax recognition for charitable contributions in Canada takes the form of a deduction where the contribution is made by a corporation or for the purpose of gaining or producing income from a business, a nonrefundable credit where individuals make qualifying gifts to eligible recipients, and a reduction or exemption from capital gains tax on gifts to eligible recipients of qualifying cultural property, publicly traded securities, or ecologically sensitive land. This article reviews different rationales for the tax recognition of charitable contributions, concluding that the most persuasive rationale is to indirectly subsidize the quasi-public goods and services that charities provide and …
The Legally Queer Child, Bruce Macdougall
The Legally Queer Child, Bruce Macdougall
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This article explores the various presumptions and arguments of Canadian courts in largely denying queer children a legal presence. An analysis of the intersection of homosexuality and children is explored with a view to arguing that legally, queer children deserve a voice. The author begins by outlining the development of the legal conceptualization of the "child". This conceptualization led to the notion of the child as innocent, and thus in need of protection. In comparison, homosexuals came to be characterized as "aberrant" and "predatory". Protecting children from homosexuals then became a simple step of logic, which ultimately led to the …
‘Alert, Alive And Sensitive’: Baker, The Duty To Give Reasons, And The Ethos Of Justification In Canadian Public Law, Mary Liston
‘Alert, Alive And Sensitive’: Baker, The Duty To Give Reasons, And The Ethos Of Justification In Canadian Public Law, Mary Liston
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This chapter argues that the remarkable phrase ‘alert, alive and sensitive’ – coined by Madame Justice L’Heureux-Dubé in the major Supreme Court of Canada decision, Baker v. Canada (Minister of Citizenship and Immigration) – signifies two important jurisprudential developments. First, the phrase ‘alert, alive and sensitive’ indicates a set of attributes connoting good judgment which can be used to evaluate the quality of judicial and administrative decisions. Second, the phrase comports with an emergent understanding of Canadian public law as an ‘ethos of justification’ in which citizens and non-citizens are democratically, and often constitutionally, entitled to participate in decisions made …
Challenging Nation, Catherine Dauvergne, W. Wesley Pue
Challenging Nation, Catherine Dauvergne, W. Wesley Pue
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This paper introduces a project on the role of the "nation" as symbol, construct, event and actor, drawing on historical insights and postcolonial perspectives as well as focusing on urgent contemporary issues. It forms the introduction to a symposium issue of Law Text Culture on that theme. The idea of nation that has suffused the history of "the west" and its colonies for four hundred years is at once deeply political, raced, gendered and spaced. Nation stands at once as a positive, encompassing symbol of solidarity transcending the fractiousness of smaller groups but also as a force for exclusion, xenophobia, …
Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes
Queering Legal Education: A Project Of Theoretical Discovery, Kim Brooks, Debra Parkes
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The article has two parts. Part II discusses the materials we reviewed to inform the development of a queer legal pedagogy. In particular, it examines the categories of queer legal scholarship and highlights the contributions of other outsider scholars to legal education debates. Early in our research, we found limited material on queer legal pedagogy, and we discovered nothing that posited a theoretical approach. We did, however, find rich resources written by other outsiders to law from which some design principles for queer legal pedagogy might be drawn. We should note at the outset that our goal in this Part …
Strengthening Domestic Corporate Activity In Global Capital Markets: A Canadian Perspective On South Africa's Corporate Governance, Janis P. Sarra
Strengthening Domestic Corporate Activity In Global Capital Markets: A Canadian Perspective On South Africa's Corporate Governance, Janis P. Sarra
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As a Canadian corporate law scholar who recently had the opportunity to visit South Africa, I was humbled by both the profound challenges and the immutable positive spirit of the South African people when it comes to thinking about their economic and social future. Hence while this paper is a reflective discussion on the kinds of challenges that exist and the strategies that could be deployed to enhance corporate governance in South Africa, it must be emphasized at the outset that it is for Sub-Saharan African nations to develop their own governance models. They are best positioned to adopt strategies …
Hierarchies Of Harm In Canadian Criminal Law: The Marijuana Trilogy And The Forcible 'Correction' Of Children, Janine Benedet
Hierarchies Of Harm In Canadian Criminal Law: The Marijuana Trilogy And The Forcible 'Correction' Of Children, Janine Benedet
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The author examines the seemingly contradictory Supreme Court of Canada decisions which upheld the prohibition on possession of marijuana (R. v. Malmo-Levine), yet allowed the defence of “reasonable correction” for parents and teachers charged with assaulting a child (Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)). She argues that these two decisions speak to the limits of the criminal law and the role that section 7 of the Canadian Charter of Rights and Freedoms plays in setting those limits. These decisions are also linked by the attempt by some members of the Court to establish a …