Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (7)
- Dispute Resolution and Arbitration (6)
- Human Rights Law (4)
- Law and Society (4)
- Civil Rights and Discrimination (3)
-
- Criminal Law (2)
- Health Law and Policy (2)
- International Law (2)
- Judges (2)
- Law and Race (2)
- Legal History (2)
- Legal Profession (2)
- Legislation (2)
- Administrative Law (1)
- Comparative and Foreign Law (1)
- Courts (1)
- Environmental Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Jurisprudence (1)
- Legal Ethics and Professional Responsibility (1)
- Medical Jurisprudence (1)
- Transnational Law (1)
- Keyword
-
- Assisted Suicide (2)
- Discharge (2)
- Euthanasia (2)
- Extradition (2)
- International Law (2)
-
- Legal Assistance (2)
- Supreme Court of Canada (2)
- Suspension (2)
- Transnational Crime (2)
- Affirmative Action (1)
- Allan Hutchinson (1)
- Apology (1)
- Appeal (1)
- Assignment (1)
- Black (1)
- Breach of Trust (1)
- Canada (1)
- Cause (1)
- Charter of Rights and Freedoms (1)
- Colour blindness (1)
- Committee (1)
- Decriminalization (1)
- Defamation (1)
- Democratic norms (1)
- Discipline (1)
- Discriminatory Grounds (1)
- Diversity (1)
- Diversity of respresentation (1)
- Enumerated Grounds (1)
- Environmental ethics (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Re Abt Building Products Canada Ltd. And Cep, Local 434, Innis Christie
Re Abt Building Products Canada Ltd. And Cep, Local 434, Innis Christie
Innis Christie Collection
This is a policy grievance to determine the work the Spare Boiler Operator may perform. The Employer stated that it intended to assign duties to the Spare Boiler Operator as it saw fit, in order to keep him employed. These duties were not related to steam and boiler operation; they were jobs properly performed by a labourer. It is the position of the Employer that it may assign whatever maintenance duties it wishes to those in the Maintenance Department, so long as no senior employee is displaced. The Union's position is that the function of the Spare Boiler Operator is …
Re Canada Post Corp And Cupw (Smith), Innis Christie
Re Canada Post Corp And Cupw (Smith), Innis Christie
Innis Christie Collection
The Employer called a temporary worker in to cover hours for a sick temporary letter carrier filling in the absence of the permanent carrier on that route, thus going "temp to temp". The Union claims that the Employer should have offered the overtime to a regular employee. It asks that the Employee who should have been offered extended hours or overtime be compensated. The Employer's position is that the relevant position is that of the permanent employee, not the temporary workers'.
Nova Scotia (Minister Of Education & Culture) V Nstu, Innis Christie
Nova Scotia (Minister Of Education & Culture) V Nstu, Innis Christie
Innis Christie Collection
Supplementary award with respect to a Union grievance dated April 23, 1998, alleging breach Article 43.01 and Schedules D1, D2, D3 and D4 of the Collective Agreement between the Minister and the Union made February 3, 1998 for the term November 1, 1997-October 31, 1999 in that all school boards in Nova Scotia have refused to pay at the salary levels set out in the Schedules following the end of the effect of the Public Sector Compensation (1994-97) Act on October 31, 1997. The parties agreed that the Halifax Regional School Board would be used as an example …
Re Canada Post Corp And Cupw (Bedford), Innis Christie
Re Canada Post Corp And Cupw (Bedford), Innis Christie
Innis Christie Collection
The Grievor was suspended, then terminated for stealing taxi chits for his own use. The Union claims that discharge was excessive in this case, considering the personal stresses on the Grievor at the time, and the Grievor's previous good record. The Union also grieves that the suspension was imposed without written notice as required by the Agreement. The Employer argues that the Grievor's act is a breach of trust such that the Employer-Employee relationship is broken beyond repair.
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Fostering Equity And Diversity In The Nova Scotia Legal Profession, Douglas G. Ruck, Craig M. Garson, Robert G. Mackeigan, Carol A. Aylward, Innis Christie, Cora States, Candy Palmater, Douglas Keefe, Margaret Macdonald, Burnley A. (Rocky) Jones, Heidi Marshall, Heather Mcneill, Kelvin Gilpin, Judith Ferguson
Innis Christie Collection
The Province of Nova Scotia has, for many years, attempted, through a variety of means, to address issues of diversity and affirmative action. However, despite the lessons of history there are still those who question the need for programs and policies that promote, encourage and enforce equality. Even though significant advances have been made on many fronts Nova Scotia continues to struggle with issues of inequality. As with many problems faced by society acknowledging the existence of the problem is the first step towards developing solutions.
Re Abt Building Products Canada Ltd And Cep, Loc 434 (Shatford), Innis Christie
Re Abt Building Products Canada Ltd And Cep, Loc 434 (Shatford), Innis Christie
Innis Christie Collection
Employee grievance alleging breach of the Collective Agreement between the parties effective March 9, 1998 — December 15, 2002 in that the Employer breached Article 3 and Appendix "C" of the Collective Agreement by suspending the Grievor for five days without sufficient cause and breached the Collective Agreement by defaming the Grievor. The Grievor seeks reimbursement for the five days of wages and consequent benefits lost, and damages and a written apology for defamation.
Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie
Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie
Innis Christie Collection
The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability …
Connecting Grounds Of Discrimination To Real People's Real Experiences, Dianne Pothier
Connecting Grounds Of Discrimination To Real People's Real Experiences, Dianne Pothier
Dianne Pothier Collection
From the outset, the prevailing approach to human rights statutes in Canada has been predicated on a closed list of prohibited grounds of discrimination. The early drafts of s. 15 of the Canadian Charter of Rights and Freedoms likewise had a closed list of enumerated grounds, but the final version qualifies those grounds as "in particular", opening the door for a broader application of s. 15. Nonetheless, the Supreme Court of Canada, with the exception of Justice L'Heureux-Dube, has insisted that establishing a prohibited ground, either enumerated or analogous, is a requisite condition to a s. 15 breach. In the …
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
The Ocean And International Environmental Law: Swimming, Sinking, And Treading Water At The Millennium, Douglas M. Johnston, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable …
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Egregious Inaction: Five Years After 'Of Life And Death', Jocelyn Downie
Articles, Book Chapters, & Popular Press
In November 1999, the Standing Senate Committee on Social Affairs, Science and Technology was authorized to examine and report upon developments since the release of Of Life and Death, the final report of the Special Senate Committee on Euthanasia and Assisted Suicide. A subcommittee to update Of Life and Death was therefore established. On February 14, 2000, I participated in the first panel of witnesses before this subcommittee. In light of the subcommittee's mandate, I set myself the following two tasks: first, to update the legal status sections of Of Life and Death by reporting on any changes to the …
The Law And Politics Of "Might": An Internal Critique Of Hutch's Hopeful Hunch, Richard Devlin Frsc
The Law And Politics Of "Might": An Internal Critique Of Hutch's Hopeful Hunch, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
Some of my friends tell me that, as a general proposition, as men get older they become more conservative, but as women get older they become more radical. Allan Hutchinson's new book, It's All in the Game, tells us little about the latter, but it does seem to confirm the former. For almost twenty five years, Allan Hutchinson has been a very high profile "North American crit." There is little doubt that he has been Canada's most prolific and outspoken critical legal scholar. He has been a master trasher, combining powerful critical analytical skills with a wicked wit and …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Human Rights And International Mutual Legal Assistance: Resolving The Tension, Robert Currie
Articles, Book Chapters, & Popular Press
If indeed, as has been said, "it is fashionable nowadays to discuss the problems that arise from the application of general human rights to extradition", then it is also true that human rights concerns are increasingly being raised with regard to other forms of international criminal co-operation as well. As compliance with international human rights norms has become the subject of greater scrutiny by both States and international adjudicative bodies, concerns have been raised regarding their application to the various processes by which States aid each other in combating transnational crime. Prosecuting authorities are presented with problems of how the …
Redressing The Imbalances: Rethinking The Judicial Role After R. V. R.D.S., Richard Devlin Frsc, Dianne Pothier
Redressing The Imbalances: Rethinking The Judicial Role After R. V. R.D.S., Richard Devlin Frsc, Dianne Pothier
Articles, Book Chapters, & Popular Press
The decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about the interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on evidence and decision based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with …
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
The Contested Lessons Of Euthanasia In The Netherlands, Jocelyn Downie
Articles, Book Chapters, & Popular Press
In this paper, while I will conclude that the Dutch experience should give us some concern about a slippery slope, I will, more importantly, also conclude that it should not give us the level of concern suggested by some commentators. I will argue that it does not provide a basis on which to conclude that assisted suicide and voluntary active euthanasia should not be decriminalized in Canada. Rather, it provides a basis for proceeding with caution and developing a permissive regime that places barriers on the slope and contains mechanisms by which slippage down the slope can be detected (and, …
Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim
Reducing The Democratic Deficit: Representation, Diversity, And The Canadian Judiciary, Or Towards A "Triple P" Judiciary, Richard Devlin Frsc, A. Wayne Mackay, Natasha Kim
Articles, Book Chapters, & Popular Press
The authors review the current structures for judicial appointments in Canada and provide statistical information about the results of these mechanisms in respect to diversity of representation on the courts. They are also critical of the fairness and openness of judicial appointments processes. After examining several variants of the dominant liberal view of law and of judges, the authors proffer and articulate a neo-realist theory of law and what they term a "bungee cord theory of judging." According to the former, law is inevitably a form of politics; according to the latter, judges are unavoidably political actors. In consequence, the …