Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (34)
- Law and Society (19)
- Human Rights Law (18)
- Science and Technology Law (16)
- Constitutional Law (14)
-
- Jurisprudence (14)
- Medical Jurisprudence (14)
- Legal Ethics and Professional Responsibility (13)
- Environmental Law (12)
- Law and Politics (11)
- Comparative and Foreign Law (10)
- Indigenous, Indian, and Aboriginal Law (10)
- Public Law and Legal Theory (9)
- Intellectual Property Law (7)
- International Law (7)
- Internet Law (7)
- Privacy Law (7)
- Courts (6)
- Computer Law (5)
- Law and Gender (5)
- Legal History (5)
- Administrative Law (4)
- Criminal Law (4)
- Judges (4)
- Jurisdiction (4)
- Law and Economics (4)
- Property Law and Real Estate (4)
- Sexuality and the Law (4)
- Keyword
-
- Canada (13)
- Legislation (10)
- Copyright (6)
- Euthanasia (6)
- Attorney General (5)
-
- Environmental Assessment (5)
- Artificial Intelligence (4)
- Assisted Suicide (4)
- Climate Change (4)
- Common law (4)
- DMCA (4)
- Ethics (4)
- Impact Assessment (4)
- Judge-made law (4)
- Privacy (4)
- Recommendations (4)
- Sustainability Assessment (4)
- AI (3)
- CFAA (3)
- Canadian Charter of Rights and Freedoms (3)
- Charter of Rights and Freedoms (3)
- Child Welfare (3)
- Chilling Effects (3)
- First Nations (3)
- Human Rights (3)
- Intellectual Property (3)
- Law Reform (3)
- Legislative enactment (3)
- Legislative in character (3)
- Legislatures (3)
- Publication Year
- Publication
- Publication Type
Articles 91 - 108 of 108
Full-Text Articles in Legislation
Problematic Principles: The Cma On Public/Private Health Care, Jocelyn Downie, Nuala Kenny, Chantelle Rajotte
Problematic Principles: The Cma On Public/Private Health Care, Jocelyn Downie, Nuala Kenny, Chantelle Rajotte
Articles, Book Chapters, & Popular Press
In June 2006, the Canadian Medical Association [CMA] published a discussion paper, "It's about access! Informing the debate on public and private health care," to evaluate how best to manage the public and private health care sectors in order to improve access to high-quality health care. The report comes at a critical time for the health care system in Canada, with the talk of renewal and reform at the forefront of public discussion. In their report, the CMA "identified 10 first-order policy principles that should guide any policy and decision-making related to the public-private interface." The CMA's use of these …
Religious Discourse In The Public Square, David Blaikie, Diana Ginn
Religious Discourse In The Public Square, David Blaikie, Diana Ginn
Articles, Book Chapters, & Popular Press
Full, open, and civilized discourse among citizens is fundamental to the life of a liberal democracy. It seems trite to assert that no discourse should be prohibited or excluded simply because it is grounded in religious faith or employs religious beliefs to justify a particular position. Yet there are those who contend that it is improper for citizens to use religious arguments when debating or deciding issues in the public square, that metaphorical arena where issues of public policy are discussed and contested. In this article we challenge this position, examining the various arguments that are put forward for keeping …
Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe
Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe
LLM Theses
The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Protecting Human Research Subjects: A Jurisdictional Analysis, Jennifer Llewellyn, Jocelyn Downie, Robert Holmes
Articles, Book Chapters, & Popular Press
The most recent speech from the throne contained a pledge from the federal government to "work with provinces to implement a national system for the governance of research involving humans, including national research ethics and standards." This commitment signals a desire on the part of the federal government to address concerns about the inadequacies of the current governance of health research involving humans (RIH). To this end, Health Canada's Ethics Division is currently exploring the ways in which such a national governance system for RIH might be implemented. It is important for the federal government, as it moves toward making …
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 …
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 …
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin
Articles, Book Chapters, & Popular Press
Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
The Sounds Of Silence: Charter Application When The Legislature Declines To Speak, Dianne Pothier
Dianne Pothier Collection
On first impression, the title of the Simon and Garfunkle hit classic hit "The Sounds of Silence" may seem like an oxymoron. But it does not take too much reflection to realize that silence can indeed be very expressive and therefore quite telling. While that can be true in any number of contexts, for the specific purpose of this article, I will examine only one: legislative silence. What is the legal significance of the legislature declining to speak on one particular aspect of a legal issue otherwise addressed in the legislation? More specifically, can the Charter be engaged to challenge …
Perestroika, Glasnost And Law Reform In The Soviet Union Today, V K. Zabigailo
Perestroika, Glasnost And Law Reform In The Soviet Union Today, V K. Zabigailo
Dalhousie Law Journal
Three years have passed since the elaboration, on the initiative of the Communist Party of the Soviet Union, of a new strategy of action for Soviet society - the acceleration of the country's social-economic development. Today this strategy is finding wide implementation in the policy of perestroika, the revolutionary renewal of society and profound changes in every sphere of its life - political, economical, social and spiritual. Formulated at the April Plenary Session of the Central Committee of the Communist Party of the Soviet Union in 1985 and the 27th Party Congress in 1986, the concept ofperestroika is based on …
The Teaching Of Legislation In Canadian Law Faculties, W Maclauchlan, T G. Ison, H N. Janisch, P A. Coté
The Teaching Of Legislation In Canadian Law Faculties, W Maclauchlan, T G. Ison, H N. Janisch, P A. Coté
Dalhousie Law Journal
Wade MacLauchlan: On behalf of Pierre Issalys, who serves as co- President of the Administrative Law Section of the Canadian Association of Law Teachers, and myself, I would like to welcome you to our annual section meeting. The subject which has been adopted for today's meeting is: "The Teaching of Legislation in Canadian Law Faculties". We have the good fortune to have as panelists three of the most experienced and vital teachers of Administrative Law in the country. Professors Terry Ison of Osgoode Hall Law School, Hudson Janisch of the University of Toronto and Pierre-Andr6 Cot6 of l'Universit6 de Montr6al …
The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad
The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad
Dalhousie Law Journal
Law making in our time depends on legislation, and our primary reliance on statutory law is being increasingly recognized, even though, as James Williard Hurst recently put it, "Judge-made law is still the darling of legal philosophers."' It has also remained at the misplaced center of much of our legal education.' I hope to trace the movement toward the full acceptance of statutes as a source of law, including brief notes on early twentieth century efforts to salvage the common law through the machinery of law revision commissions and through the Restatements developed by the American Law Institute. The New …
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Articles, Book Chapters, & Popular Press
In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …
Legislation And Its Limits, A. E. Anton
Legislation And Its Limits, A. E. Anton
Dalhousie Law Journal
Political philosophers throughout history have been shocked by the dictum of Ulpian that "Because it pleases the prince, it has the force of law",2 and have asked whether there are not moral principles which a legislator may not contravene, whatever the scope of his constitutional powers. The philosophers' answers have been of crucial importance in the development of western legal thought and have influenced the content both of national constitutions and of national and international bills of rights. The reasoning, however, underlying those answers has usually been of an a priori character, based on the acceptance of theories of natural …
Nova Scotia Freedom Of Information Act, Keith R. Evans
Nova Scotia Freedom Of Information Act, Keith R. Evans
Dalhousie Law Journal
Freedom of Information has been the subject of much current debate in Canada, but is not new to the world. The United States enacted their first Act, in 1966,1 and amendments in 1974 finally gave the Act some worthwhile effect. 2 Sweden has had Freedom of Information legislation for over two hundred years. The experience of these two countries has been very favourable, but Canada refuses to learn from that experience. There is still a fear in the governments of Canada that openness in government would lead to problems, the ultimate fear being that the party in power will no …
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Dalhousie Law Journal
We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Dalhousie Law Journal
We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan
Dalhousie Law Journal
We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …
Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman
Law Reform: A Saskatchewan Viewpoint, Brian A. Grosman
Dalhousie Law Journal
The term "law reform" has a positive connotation. It indicates that those engaged in the process are at least optimistic to the extent that law can indeed be reformed and not merely changed. A variety of legislative shapes and administrative forms of law reform agencies has been created in this country over the last ten years. The objectives of law reform have been widely discussed in law review articles and in the daily press. There emerges a sense that reforming the law by way of a permanent law reform commission is a viable endeavour. Yet there is some difference of …