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Full-Text Articles in Law

Mediating The Gm Foods Debate: Lessons From The Enduring Conflict Framework, Lisa F. Clark Dr,, Michaela J. Keet, Camille D. Ryan Dr. Jan 2023

Mediating The Gm Foods Debate: Lessons From The Enduring Conflict Framework, Lisa F. Clark Dr,, Michaela J. Keet, Camille D. Ryan Dr.

Journal of Food Law & Policy

Critics of the commercialization of Genetically Modified (GM) foods in Canada and the United States oppose the economic and political forces that create and approve the technology: the industry that develops it and the governments that approve its use. The conventional narrative pits the concerned public, labeled "anti-GM," against the "pro-GM" interests of industry supported by business-friendly governments. Based on this binary view of the interests and motivations of stakeholders, conflict between


The Impact Of Implementing A 25-Year Reversion/Termination Right In Canada, Paul J. Heald Jan 2021

The Impact Of Implementing A 25-Year Reversion/Termination Right In Canada, Paul J. Heald

Journal of Intellectual Property Law

No abstract provided.


The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney Apr 2020

The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney

Maine Law Review

On April 17, 1982, Canada repatriated its constitution from the Parliament at Westminster, sweeping away one of the final vestiges of its colonial past. At the same time, a Canadian Charter of Rights and Freedoms was constitutionally entrenched, giving the people express constitutional rights for the first time. The equality provisions, in particular, represented a new era in Canadian constitutional law. The intense debate leading up to the entrenchment of the Charter raised profound questions about the basic nature of the country, its values, and its ability and willingness to acknowledge equality for women and other disadvantaged groups. Since the …


Rethinking The "Crisis" Of Indigenous Mass Imprisonment, Efrat Arbel Jan 2020

Rethinking The "Crisis" Of Indigenous Mass Imprisonment, Efrat Arbel

All Faculty Publications

In R v Gladue, the Supreme Court of Canada famously remarked that the incarceration of Indigenous people represents a “crisis.” Since Gladue’s release, the language of “crisis” has been used with frequency in Canadian legal discourse. In this article, I analyze how this language has shaped the broader legal under- standing of Indigenous mass imprisonment. My focus is not on speci c iterations or uses, but on the cumulative impact of the language of “crisis” over the last twenty years. I suggest that however well-meaning these representations may be, their cumulative impact is harmful. In the face of the relentless …


A ‘Bad Rap’: R. V. Skeete And The Admissibility Of Rap Lyric Evidence, Ngozi Okidegbe Jan 2018

A ‘Bad Rap’: R. V. Skeete And The Admissibility Of Rap Lyric Evidence, Ngozi Okidegbe

Faculty Scholarship

The use of accused-authored rap lyric evidence is no longer rare in Canadian criminal proceedings. Adduced by Crown prosecutors, rap lyrics written or co-written by an accused are increasingly used in criminal trials as evidence of the accused’s intent, knowledge, motive, identity, or confession to the commission of the specific offence charged. The practice is not without controversy.1 The introduction of an accused’s artistic work in the form of rap lyrics at trial engages trial fairness concerns. Without a keen awareness of the social and cultural context that produces rap music, trial actors risk inflating their probative value and …


The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross Jan 2016

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen Ross

Stephen F Ross

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the relevance …


Charter Insights For American Equality Jurisprudence, Stephen Ross Jan 2016

Charter Insights For American Equality Jurisprudence, Stephen Ross

Stephen F Ross

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …


Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud Apr 2015

Civil And Common Law: A Historical Analysis Of Colonial And Postcolonial Canada, Patrick S. Stroud

Butler Journal of Undergraduate Research

Legal historians divide European law into two principal families: common law (British law) and civil law (continental European law). Common law judges favor cases; courts “discover” law on a case-by-case basis and those cases make precedents for future ruling. Civil law courts favor codes; courts compare cases to existing laws and those laws control judges’ rulings. The two rarely interact, save one prominent example: Canada. British common law supposedly superseded French legal traditions in colonial Canada. But is history so binary? Did British common law truly “conquer” French civil law? Through analysis of Canadian legal history, this article demonstrates how …


Shall Wagnerism Have No Dominion?, Eric Tucker Feb 2015

Shall Wagnerism Have No Dominion?, Eric Tucker

Eric M. Tucker

The Wagner Act Model has formed the basis of Canada’s collective bargaining regime since World War II but has come under intense scrutiny in recent years because of legislative weakening of collective bargaining rights, constitutional litigation defending collective bargaining rights and declining union density. This article examines and assesses these developments, arguing that legislatively we have not witnessed a wholesale attack on Wagnerism, but rather a selective weakening of some of its elements. In the courts, it briefly appeared as if the judiciary might constitutionalize meaningful labour rights and impede the erosion of Wagnerism, but recent judicial case law suggests …


Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin Apr 2010

Glimmers Of Hope: The Evolution Of Equality Rights Doctrine In Japanese Courts From A Comparative Perspective, Craig Martin

Craig Martin

There has been little study of the analytical framework employed by the Japanese courts in resolving constitutional claims under the right to be treated as an equal and not be discriminated against. In the Japanese literature the only comparative analysis done focuses on American equal protection jurisprudence. This article examines the development of the equality rights doctrine in the Japanese Supreme Court from the perspective of an increasingly universal “proportionality analysis” approach to rights enforcement, of which the Canadian equality rights jurisprudence is a good example, in contrast to the American approach. This comparative analysis, which begins with a review …


Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr. Jan 2005

Whiten V. Pilot Ins. Co.: The Unofficial Death Of The Independent Wrong Requirement And Official Birth Of Punitive Damages In Contract, Yehuda Adar Dr.

Yehuda Adar Dr.

Three years have passed since the Supreme Court of Canada rendered its controversial decision in Whiten v. Pilot Insurance Co. In that case, the Court affirmed an almost unprecedented punitive damage award by a jury of one million dollars against an insurance company. More importantly, the Whiten decision appears to be the first attempt by the Supreme Court to construct a comprehensive set of rules and principles in light of which punitive damages cases should be decided in the future. While the extraordinary monetary sanction upheld by the Court has attracted much attention in legal and commercial circles, it seems …


The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross Jan 2004

The Nhl Labour Dispute And The Common Law, The Competition Law, And Public Policy, Stephen F. Ross

Journal Articles

This article develops the claim that, absent an agreement with the union, the imposition of a salary cap or punitive luxury tax would constitute an unreasonable restraint of trade, as well as a violation of section 48 of the Competition Act that the Canadian courts should enjoin. The article analyzes decisions of Canadian and other British Commonwealth courts concerning general principles of the common law as well as their specific application in the context of the sports industry. Second, the paper discusses why the same standard applies to restraints challenged under section 48 of the Competition Act. Next. the …


Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas Jul 2003

Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas

Faculty Articles

A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …


Charter Insights For American Equality Jurisprudence, Stephen F. Ross Jan 2002

Charter Insights For American Equality Jurisprudence, Stephen F. Ross

Journal Articles

Although both the Canadian Charter and the United States Constitutions protect persons from denial of equal protection of the law, the interpretation of the broad language of the two equality guarantees has been quite different. The Supreme Court of Canada has adopted an approach of substantive equality, concluding that section 15 is designed to prevent the loss of human dignity that accompanies discrimination based on disadvantage and stereotype. At least with regard to race, a majority of the justices on the United States Supreme Court adhere to a jurisprudence of formal equality, concluding that the Fifth and Fourteenth Amendments prohibit …


Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway Jun 1996

Fundamental Justice And The Deflection Of Refugees From Canada, James C. Hathaway

Articles

Canada is preparing to implement a controversial provision of the Immigration Act that will deny asylum seekers the opportunity even to argue their need for protection from persecution. Under a policy labelled "deflection" by the authors, the claims of refugees who travel to Canada through countries deemed safe, likely the United States and eventually Europe, will be rejected without any hearing on the merits. Because deflection does not require substantive or procedural harmonization of refugee law among partner states, it will severely compromise the ability of genuine refugees to seek protection.


Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier Oct 1995

Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier

Dalhousie Law Journal

While the shortcomings of the common law rules of private international law were being reformed by statute in England, Canadian law, left to judicial development, remained mired in nineteenth-century thinking. A much overdue reassessment was finally undertaken by the Supreme Court earlier this decade. In Morguard Investments Ltd. v. De Savoye and Hunt v. T & N plc the Court recast the common law rules on jurisdiction and the enforcement of foreign judgments to conform with its perception of the "new world order" and Canadian federal structure. It then proceeded to endow these rules with constitutional authority. Although the Court's …


Federalism And The Conflict Of Law: The Curious Position Of The Supreme Court Of Canada, John Swan Jul 1995

Federalism And The Conflict Of Law: The Curious Position Of The Supreme Court Of Canada, John Swan

South Carolina Law Review

No abstract provided.


Aspects Of Constitutional Judicial Review In Canada, T. A. Cromwell Jul 1995

Aspects Of Constitutional Judicial Review In Canada, T. A. Cromwell

South Carolina Law Review

No abstract provided.


Obligations Of Tenderers And Bid Bonds In Canada, David I. Bristow Jul 1989

Obligations Of Tenderers And Bid Bonds In Canada, David I. Bristow

South Carolina Law Review

No abstract provided.


Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin Sep 1987

Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin

Dalhousie Law Journal

The experiment of the Law Department as a new approach to legal education has been going on now for 15 years. It has directly involved more than 1,500 people as students, instructors (professors and sessional lecturers) and support staff (administrative and library personnel, etc.). This experiment has a unique identity, indeed a distinctive image, which has given rise to a certain amount of controversy in the Quebec legal milieu. Especially since the debates stemming from the publication of the Law and Learning Report, it seems that the experiment has also aroused a certain amount of curiosity in the Canadian legal …


Self-Government And The Constitution: A Comparative Look At Native Canadians And American Indians, Edward M. Morgan Jan 1984

Self-Government And The Constitution: A Comparative Look At Native Canadians And American Indians, Edward M. Morgan

American Indian Law Review

No abstract provided.


The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman Oct 1983

The History Of Shipping Law In Canada: The British Dominance, Theodore L. Mcdorman

Dalhousie Law Journal

In many areas of Canadian law, the British influence has been pervasive, but in no area has it been more so than in merchant shipping law. Great Britain have long been a seafaring nation and British prosperity and pride have long rested on maritime achievements. Great Britain controlled almost all aspects of colonial merchant shipping, and thus prevented the development of an autonomous Canadian foundation in maritime law. The British influence over Canadian merchant shipping legislation remained pervasive after Confederation and contributed to the failure of Canada to develop a merchant marine, despite Canada being one of the major users …


Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher Mar 1952

Restraints On Alienation Of Legal Interests In Michigan Property: I, William F. Fratcher

Michigan Law Review

During the century and a half which followed the Norman Conquest, the owner of land who attempted to transfer it might meet with opposition from three interested parties, his feudal overlord, his heir apparent and his tenant. His feudal overlord might object to a transfer by way of substitution, that is, one under the terms of which the transferor did not retain a reversion; because the proposed transferee was not a suitable person to perform the feudal services due for the land. As these services were frequently of a personal or military nature such an objection was not necessarily captious. …


Gray: Law And The Practice Of Medicine, Michigan Law Review Mar 1948

Gray: Law And The Practice Of Medicine, Michigan Law Review

Michigan Law Review

A Review of LAW AND THE PRACTICE OF MEDICINE. By Kenneth George Gray.