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2001

All Faculty Publications

Articles 1 - 13 of 13

Full-Text Articles in Law

The Prime Minister's Police? Commissioner Hughes' Apec Report, W. Wesley Pue Jan 2001

The Prime Minister's Police? Commissioner Hughes' Apec Report, W. Wesley Pue

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On 31 July 2001, a distinguished Canadian jurist reported on matters of unusual significance. Sitting as a Member of the Commission for Public Complaints Against the RCMP (CPC), Mr. Justice E.N. Hughes dealt with matters that go to the heart of liberal democracy. Any investigation of alleged police misconduct is important, of course, to a country that wishes to be governed in accordance with fundamental principles of the rule of law. This is so even in the seemingly most inconsequential instances. Important principles are involved even where "small" matters are concerned. The matters before Commissioner Hughes on this occasion however …

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Convergence Versus Divergence, Global Corporate Governance At The Crossroads: Governances Norms, Capital Markets & Oecd Principles For Corporate Governance, Janis P. Sarra Jan 2001

Convergence Versus Divergence, Global Corporate Governance At The Crossroads: Governances Norms, Capital Markets & Oecd Principles For Corporate Governance, Janis P. Sarra

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There is growing debate as to whether international corporate governance practices can or should converge. Effective corporate governance has been linked to the ability of corporations to compete in global capital markets. Corporations operating in diverse economies have capital structures that are the result of public and private choices, and the corporate governance issues that arise reflect these structures. There is market pressure for convergence of corporate governance norms. The OECD has formulated Principles aimed at setting standards for corporations as they seek to attract capital. While the shareholder protections proposed are helpful in articulating norms that will attract long-term …

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Making And Breaking Rank: Some Thoughts On Recent Canadian Law School Surveys, Margot Young Jan 2001

Making And Breaking Rank: Some Thoughts On Recent Canadian Law School Surveys, Margot Young

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The recent emergence of various surveys evaluating Canadian law schools has introduced greater notions of rank among these law schools. Three different types of law school surveys can be identified. Collectively and individually, these surveys threaten a number of normative goals for legal education: humanistic professionalism, pluralistic legal education and diversity. While it is important to acknowledge the need for accountability, it is essential, as well, that legal educators think carefully about what values and perspectives ought to underpin such evaluation.

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The Ties That Bind: A Review Of Michael Ignatieff's The Rights Revolution, Cristie Ford Jan 2001

The Ties That Bind: A Review Of Michael Ignatieff's The Rights Revolution, Cristie Ford

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Book Review

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A Well-Founded Fear Of Prosecution: Mediation And The Unauthorized Practice Of Law, David A. Hoffman, Natasha Affolder Jan 2001

A Well-Founded Fear Of Prosecution: Mediation And The Unauthorized Practice Of Law, David A. Hoffman, Natasha Affolder

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To many mediators, "UPL" is an acronym with an increasingly ominous ring. This growing concern about the unauthorized practice of law (UPL) arises from reports around the country of charges filed against mediators who are not lawyers. These prosecutions - or in some cases warnings - are primarily directed at divorce mediators as a result of their drafting of detailed marital settlement agreements. However, all mediators have a reason to be concerned, because of uncertainties about what constitutes UPL in the context of mediation. This article surveys the legal terrain of UPL, and argues that it's time for new, clear …

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Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue Jan 2001

Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue

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This article probes the complexities surrounding trying to match law school curriculum with the needs of students intent on careers in the practice of law. It pursues the issue in three stages: 1) an assessment of a contemporary back to basics critique of legal education; 2)an empirical evaluation of actual student experiences and course selections at a major North American law school over the course of a decade; 3) an assessment of the 'fit' between existing legal education and the likely needs of future practitioners.

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In Search Of The Qualitative Clear Majority: Democratic Experimentalism And The Quebec Secession Reference, Cristie Ford Jan 2001

In Search Of The Qualitative Clear Majority: Democratic Experimentalism And The Quebec Secession Reference, Cristie Ford

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This article attempts to marry direct democratic deliberation with the enforcement of important constitutional norms in the context of a real-life policy question. The question is the secession of Quebec from Canada. The article argues that a referendum is neither the most legitimate nor the most effective way to address the issue. The debate over Quebec's future must be reoriented by reference to the broad normative framework set out by the Supreme Court of Canada in the Reference Re Secession of Quebec, [1998] 2 S.C.R. 217, combined with a new democratic process. This article introduces an innovative constitutional model called …

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The Celebration Of Same-Sex Marriage, Bruce Macdougall Jan 2001

The Celebration Of Same-Sex Marriage, Bruce Macdougall

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This article explores the nature of discourse about equality, in particular homosexual equality, and situates the current debate about same-sex marriage in that discourse. The author explores the idea that legal discourse about equality moves among sites that may be labeled condemnation, compassion, condonation and celebration. Achievement of real (as opposed to formal) legal equality requires advancement at each of these sites. In Canada, legal discourse about equality for gays and lesbians at the first three sites has been largely successful and contention now is at the site of celebration. Marriage is a profoundly symbolic institution, representing state celebration of …

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Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue Jan 2001

Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue

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During the past two decades a new, global, legal professionalism has manifested itself in the field of legal education through a variety of programmes seeking to produce globally-aware or globally-connected lawyers. This paper explores the diverse meanings of globalization and legal education with particular attention to the differential effects of globalization and the varied experiences of it in different parts of the world. Taking its starting point from a Nigerian graduate student's insight that globalization means 'The White Man is Coming again'. What does he want this time?, he explores both American and international perspectives.

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Awarding Compound Interest In International Arbitration, Natasha Affolder Jan 2001

Awarding Compound Interest In International Arbitration, Natasha Affolder

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Few, if any, international arbitrators choose to tackle the equation P[n] = P[0.](1 i/m) in their arbitral awards. In fact, few international arbitral awards explicitly address the issue of whether an award of interest should attract compound, rather than simple, interest. While there is little consensus on approaches to awarding interest generally in international arbitration, the issue of compound interest is especially problematic. This is due to the fact that compound interest is often singled out for prohibition in domestic legal systems, yet it is the commercial norm in calculating interest in modern financial transactions. The practices of financial institutions …

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Legal Rights In The Supreme Court Of Canada In 2000: Seeing The Big Picture, Janine Benedet Jan 2001

Legal Rights In The Supreme Court Of Canada In 2000: Seeing The Big Picture, Janine Benedet

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In 2000, the Supreme Court of Canada decided four cases which raised claims concerning some of the legal rights provisions of the Charter. Two of the cases were criminal: R. v. Darrach, [2000] 2 S.C.R. 443; R. v. Morrisey, [2000] 2 S.C.R. 90. The other two cases involved a human rights investigation (Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307), and a child protection proceeding (Winnipeg Child and Family Services v. K.L.W., [2000] 2 S.C.R. 519). This comment focuses on two of these decisions (Blencoe and Darrach) where the SCC considered claims under section 7 of the …

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The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews Jan 2001

The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews

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The Cambodia Project: During 2000-2001, The Future Group launched its inaugural project in Southeast Asia to address child sex slavery and trafficking. For nearly one-hundred days, a deployment team of four worked with local organizations in Cambodia to implement new ideas to help the children affected by this crisis of international proportions. Initially, The Future Group had planned to work to implement five projects in Cambodia. After just three weeks, the deployment team was significantly ahead of schedule and began to actively identify new areas to pursue. Critical areas of need at local centres were addressed and projects that increased …

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Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet Jan 2001

Little Sisters Book And Art Emporium V. Minister Of Justice: Sex Equality And The Attack On R. V. Butler, Janine Benedet

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Scholars and philosophers spend much of their time discussing what pornography means and whether it can be defined. This debate persists despite the fact that most men, regardless of their sexual orientation, seem to understand quite well what pornography is, and what it is for: they produce it commercially, buy it in magazines, rent it in videos, and search for it on the Internet. The pornography industry has the distinct advantage of selling a product that, in legal terms, is considered "expression," and therefore a product that has been declared worthy of constitutional protection under section 2(b) of the Canadian …

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