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Articles 1 - 28 of 28
Full-Text Articles in Law
Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk
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
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
Book Review: Global Environmental Problems And International Environmental Agreements: The Economics Of International Institution Building, By Timothy Swanson And Sam Johnston, Jaye Ellis
Osgoode Hall Law Journal
No abstract provided.
Twenty Years Of Labour Law And The Charter, Dianne Pothier
Twenty Years Of Labour Law And The Charter, Dianne Pothier
Osgoode Hall Law Journal
This article critically reviews the Charter jurisprudence of the Supreme Court of Canada relating to labour law. The rejection of the right to strike and to bargain collectively as part of freedom of association reflect substantial judicial deference to legislative policy choices. Recently, however, a constitutional right of unfair labour protection for particularly vulnerable workers shows some judicial willingness to intervene. While freedom of expression provides significant scope to union supporters, picketing and leafleting are still subject to wide restraint, the exact parameters of which remain unclear. The Charter has had only a modest effect on labour law. Even successful …
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Osgoode Hall Law Journal
The legacy of the first twenty years of the Charter for lesbians and gay men is a contradictory one of victories and defeats. At the level of doctrine, strategy, and politics, both the victories and defeats have been precarious and contradictory. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly …
The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury
The Charter, Equality Rights, And Women: Equivocation And Celebration, Diana Majury
Osgoode Hall Law Journal
In this article, the author examines some of the critiques made and some of the aspirations raised in the early days of the Charter by left/feminist/marginalized groups about the Charter, the equality guarantee, and the judicial decision makers. The author explores how these fears and hopes have played out with respect to Charter equality rights for women by looking at some of the sex equality decisions that have been made by the Supreme Court of Canada. The cases are discussed under the headings of reproduction, violence against women, family, employment, and socio-economic claims to explore how the sex equality analysis …
Exchanging Constitutions: Constitutional Bricolage In Canada, David Schneiderman
Exchanging Constitutions: Constitutional Bricolage In Canada, David Schneiderman
Osgoode Hall Law Journal
Judicial recourse to constitutional law sources from abroad has been likened to the process of bricolage--coined by anthropologist Claude Lévi- Strauss, this refers to the "borrowing from materials readily at hand." Building on the idea of constitutional borrowing, this paper aims to take account of the role dominant political culture plays in constitutional interpretation, in particular, the values associated with economic globalization. If resort to comparative constitutional sources is on the rise, dominant political culture will likely have the effect of limiting the stock of tools available to judges. The author argues that, in an age of economic globalization, the …
A Mature Exercise Of Sovereignty, L. Yves Fortier
A Mature Exercise Of Sovereignty, L. Yves Fortier
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Constitutional Protection Of Freedom Of Expression, By Richard Moon, Jamie Cameron
Book Review: The Constitutional Protection Of Freedom Of Expression, By Richard Moon, Jamie Cameron
Osgoode Hall Law Journal
No abstract provided.
The Ideal Victim, The Hysterical Complainant, And The Disclosure Of Confidential Records: The Implications Of The Charter For Sexual Assault Law, Lise Gotell
Osgoode Hall Law Journal
This article explores the current state of Canadian law on the production and disclosure of complainants' records to reflect upon the implications of the Canadian Charter of Rights and Freedoms for Canadian sexual assault law and jurisprudence. Some scholars assert that the Supreme Court's decision in R. v. Mills, upholding section 278 of the Criminal Code governing access to complainants' records, constitutes an erosion of accuseds' rights and an unjustified compromise of constitutional standards. By contrast, this article demonstrates that R. v. Mills is a highly contradictory decision that can be read as creating an interpretation of section 278 that …
Reflections On The Twentieth Anniversary Of The Canadian Charter Of Rights And Freedoms: A Symposium, Judy Fudge
Reflections On The Twentieth Anniversary Of The Canadian Charter Of Rights And Freedoms: A Symposium, Judy Fudge
Osgoode Hall Law Journal
No abstract provided.
Justified Limits On Free Expression: The Collapse Of The General Approach To Limits On Charter Rights, Richard Moon
Justified Limits On Free Expression: The Collapse Of The General Approach To Limits On Charter Rights, Richard Moon
Osgoode Hall Law Journal
The author argues that the apparent collapse or erosion of the Oakes test reflects the problem of fitting a right such as freedom of expression, which is social and relational in character, into a structure of constitutional adjudication, which is built on an individualist conception of rights. In the leading Canadian freedom of expression cases, the task for the courts under section I is not simply to strike the proper balance between competing interests, but rather to resolve the single but complex question of whether the expression contributes to, or undermines, human agency or autonomous judgment. In these cases, the …
The Charter And Health Care: Guaranteeing Timely Access To Health Care For Canadians, Patrick Monahan, Stanley H. Hartt
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.
Of Pigeonholes And Principles: A Reconsideration Of Discrimination Law, Denise G. Reaume
Of Pigeonholes And Principles: A Reconsideration Of Discrimination Law, Denise G. Reaume
Osgoode Hall Law Journal
The common law has never developed a cause of action for discrimination. Instead, the legislatures have stepped in. This article explores not whether there should be a cause of action for discrimination at common law, but whether our thinking about discrimination from a legal point of view would benefit from drawing upon common law methodology. We can contrast two methodologies for the design and development over time of legal norms: the top-down model of the comprehensive code designed to bring to life a grand theory about the norms regulating human interaction, and the bottom-up model of case-by-case analysis aiming toward …
Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich
Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich
Osgoode Hall Law Journal
Do the police use race as a proxy for criminality, particularly, in drug cases? If so, is this a rational discriminatory practice that is based on who the usual offender is or an offensive exercise of racial prejudice? What are the consequences for those communities targeted by the police? This article investigates these questions that have gone unanswered for too long in Canada. After offering a definition of racial profiling, evidence is presented that suggests that the practice is rampant in the United States and is likely practiced by some Canadian police forces, particularly, in cities with large visible minority …
Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane
Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane
Osgoode Hall Law Journal
Discussions regarding the appropriate ethical behaviours for mediators and the subsequent development of formal codes of conduct have focused on hallmark issues such as third party impartiality and party self-determination. However, in an informal process, ethical choices are inherent in every intervention made by a mediator. In adopting the standard-setting approach of an adjudicative model, mediator codes of conduct are a poor fit with the conceptual and structural characteristics of this fluid, uncertain, and essentially private process. Confining the substantive and conceptual debate over mediation ethics to formal codes dangerously underestimates both the scope and the significance of choices faced …
Talking With The Public: The Public, Communication And The Civil Justice System, Diana Lowe, Mary Stratton
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 …
Legal Aid, Frederick H. Zemans
Regulating Reproductive Technologies In Canada, Roxanne Mykitiuk, Albert Wallrap
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.
Relational Contract And Other Models Of Marriage, Robert Leckey
Relational Contract And Other Models Of Marriage, Robert Leckey
Osgoode Hall Law Journal
This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal support relate not to a tension between different models but instead go to compensation, including reliance and expectations. This article uses relational contract to critique Bracklow, considering the challenges in defining models. The Court's basic social obligation model and its non-compensatory support are unjustifiably broad, and its compensatory support is too narrow. In assessing …
Criminalizing Poverty: The Criminal Law Power And The Safe Streets Act, Jackie Esmonde
Criminalizing Poverty: The Criminal Law Power And The Safe Streets Act, Jackie Esmonde
Journal of Law and Social Policy
No abstract provided.
Book Review: Bankruptcy, Insolvency And Family Law, Stephanie Ben-Ishai
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.
Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare
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
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
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 …
Canada's Position On A Multilateral Judgments Convention, Janet Walker
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.
Self-Government And The Inalienability Of Aboriginal Title, Kent Mcneil
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 …