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In Pursuit Of Better Myth: Lawyers' Histories And Histories Of Lawyers, W. Wesley Pue
In Pursuit Of Better Myth: Lawyers' Histories And Histories Of Lawyers, W. Wesley Pue
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This paper explores the mythologies contemporary lawyers generate in defence of existing professional structures. Drawing on the history of legal professions, the paper engages critically with professional apologetics, from a perspective influenced by diverse contemporary writings on legal professions including those associated with Richard Abel, Terrence Halliday, and others.
Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
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For decades, Canadian courts grappled with the issue of whether intoxication should mitigate criminal responsibility. During that time, Parliament avoided dealing with this controversial issue, preferring to leave it in the hands of judges. This paper examines the legislative response to the Supreme Court of Canada’s 1994 decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues …
Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young
Sex, Tax And The Charter: A Review Of Thibaudeau V. Canada, Lisa Philipps, Margot Young
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Section 15 of the Charter offers the promise of redressing many systemic inequalities in the law. This paper considers the implications of section 15 for the taxation of child support payments, an issue raised in the Thibaudeau case. While endorsing the Federal Court of Appeal's decision that the current tax regime is unconstitutional, the authors take issue with the Court's reasoning in reaching this result. In the first part of their paper, the authors address a number of shortcomings in the Court's equality analysis, arguing that the process employed by the Court ignored critical aspects of equality theory. The process …
Developments In Constitutional Law: The 1993-94 Term, Joel Bakan, Bruce Ryder, David Schneiderman, Margot Young
Developments In Constitutional Law: The 1993-94 Term, Joel Bakan, Bruce Ryder, David Schneiderman, Margot Young
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This paper seeks to draw out four different, and often conflicting, themes that inform the Supreme Court of Canada's constitutional decision making. Each theme expresses a conception of the Canadian state, and taken together they represent, arguably, the current range of dominant views regarding the appropriate role of the state in Canada: classical liberalism, federalism, social democracy and neo-liberalism. Explicit and implicit reliance upon these conceptions of the state can be understood as reflecting the Court's concern to stay in step with its perception of contemporary social consensus on the large political issues lurking behind every constitutional question it addresses. …