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- 21McInnes, Mitchell
- 18Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
The pioneering efforts of women such as Emily Murphy in Alberta during the early part of this century effected legal change and altered women's lives. Women began to see the law as a vehicle for social change, entitling them to property and giving rise to new expectations that a world of \"true...
The regulation of science and the Charter of Rights: Would a ban on non-reproductive human cloning unjustifiably violate freedom of expression?Download
Caulfield, Timothy, Billingsley, Barbara
Non-Reproductive Human Cloning (NRHC) allows researchers to develop and clone cells, including non-reproductive cells, and to research the etiology and transmission of disease. The ability to clone specific stems cells may also allow researchers to clone cells with genetic defects and analyze...
This article places F.R. Scott’s 1935 call for entrenched constitutional rights within the context of marked changes in constitutional scholarship in the 1930s—what the author refers to as the “newer constitutional law”. Influenced by broader currents in legal theory and inspired by the political...
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...
Introduction: In Canada, the financial industry rests upon "four pillars."' These are the securities, insurance, trust, and banking sectors. The first three have been, historically, regulated at the provincial level under the rubric of "property and civil rights," while the fourth has been...
Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for IntangiblesDownload
This paper explores case law concerning breach of good faith in the franchise contract. Given the relational nature of the franchise contract, the good faith term forbids the franchisor from exploiting the franchisee’s classic vulnerability. The paper also illustrates why the franchisor is more...
Lerner, Craig S., Yahya, Moin A.
Introduction: According to a recent issue of Business Week, many hotshots of American industry are fleeing publicly traded corporations for \"the money, freedom and glamour of private equity.\"' Among the reasons cited for their departure is the Sarbanes-Oxley Act of 2002, which not only...
In this article, the author explores the need for a theory of Aboriginal rights broad enough to include all of the Aboriginal peoples of Canada. She examines recent developments in judicial recognition of the constitutional rights of the Metis people since their inclusion in s. 35(l) of the...
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...
Secured transactions law in Canada - Significant achievements, unfinished business and ongoing challengesDownload
Walsh, Catherine, Wood, Roderick J., Cuming, Ronald C.
Introduction: Secured transactions law in all of Canada's provinces and territories is today consolidated in a modern statutory framework: the Personal Property Security Act (PPSA) in the common law provinces and territories, and the Civil Code regime in Quebec. The road to reform was a long one,...