Journal Articles (Law)
Items in this Collection
- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
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The absent dialogue: Extradition and the international covenant on civil and political rights
Download2006
Extradition, as a cross-border act, inevitably involves both domestic and international law. For most states, the terms and conditions of extradition are governed by both treaty and statute, with the obligation to extradite flowing from an extradition treaty. Human rights treaties, however, are...
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2013-01-01
Introduction: When should health be treated as a subject of criminal law? With respect to health, the Constitution Act, 18671 does not specifically assign legislative authority to any level of government. As a result, Parliament and provincial legislatures can enact laws relating to health. This...
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The Canadian principle of unjust enrichment: Comparative insights into the law of restitution
Download1999
In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...
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2004
Introduction: The death penalty is a subject that, in the words ofJustice Adrian Saunders of the Eastern Caribbean Court of Appeal, \"invariably elicits passionate comment.\" Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent...
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2016
Introduction: On account of its population, its geography and its history, Canada has traditionally been a borrower of laws. In the commercial law field, it borrowed the English codifications of negotiable instruments law and sales law during the late Victorian era. More recently it borrowed the...
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2015
Ogbogu, Ubaka, Caulfield, Timothy
Background The increasing push to commercialize university research has emerged as a significant science policy challenge. While the socio-economic benefits of increased and rapid research commercialization are often emphasized in policy statements and discussions, there is less mention or...
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2009-01-01
Introduction: At 10:20 a.m. on 4 December 2008 - some forty minutes after Prime Minister Stephen Harper entered Rideau Hall to request that the Governor General, Michaelle Jean, prorogue Canada's fortieth Parliament - the media reported an exciting development: the front doors opened. Reporters...
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2015-01-01
O'Byrne, Shannon, Cohen, Ronnie
This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty —...
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The dean who went to law school: Crossing borders and searching for purpose in North American legal education, 1930-1950
Download2016
This article is about the making of modern legal education in North America. It is a case study of the lives of two law schools, the University of Alberta, Faculty of Law and the University of Minnesota Law School, and their respective deans, Wilbur Bowker and Everett Fraser, in the decades...
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The democratic challenge of incorporation: International human rights treaties and national constitutions
Download2007
According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...