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Skip to Search Results- 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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2006
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...
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Comparative perspectives on the regulation of assisted reproductive technologies in Canada and the United Kingdom
Download2006
This article highlights some concerns with the regulatory structure envisioned by Canada's new Assisted Human Reproduction Act, principally by comparing Canada's proposed Assisted Human Reproduction Agency (AHRA) with the United Kingdom's Human Fertilisation and Embryology Authority (HFEA). The...
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A Comment on ‘Six Months of the British Columbia Business Corporations Act: Changes and Challenges'
Download2006-01-01
Introduction: I would like to begin my brief comments by noting Linda Parsons and Kate Bake-Paterson's concluding prediction that - when all the dust settles - British Columbia's Business Corporations Act (the "BCBCA" or the Act) will become "a desirable statutory regime of choice among Canadian...
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2006
Introduction: In December 2005, the Inuit Circumpolar Conference (\"ICC\") (renamed the Inuit Circumpolar Council in July 2006) publicly lodged a lengthy petition against the United States with the Inter-American Commission on Human Rights (the \"Commission\"), a Washington D.C.-based...
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2005
Examines the experiences of Canada in dealing with water scarcity. Threat of water shortages in the country; Framework of water allocation law in the prairie provinces of Canada; Approaches to reforming water law that the provinces have adopted in the face of developing water shortages.
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Legislative reform and equal access to the justice system: An examination of Alberta’s new minor injury cap in the context of Section 15 of the Canadian Charter of Rights and Freedoms
Download2005
This article surveys the provisions in Alberta's new legislation limiting recovery for motor vehicle accident victims suffering from minor injury. The author argues that the legislation effectively limits access to the justice system for a class of persons (those suffering minor injury) and this...
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2005
Yahya, Moin A., Brown, Russell
Introduction: The recent pronouncement of the British Columbia Court of Appeal in Johnson v. Laing' represents a remarkable and troubling episode in the historical tension between judges and juries in the adjudication of civil claims. After setting aside a jury's verdict as \"unreasonable\" -...
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Redressing the democratic deficit in treaty law making: (Re-) establishing a role for Parliament
Download2005
Treaties are a significant source of law on a wide range of subjects, but traditionally do not become domestic law without national implementation. Nevertheless, the legal character of treaty rules does place pressure on a state's domestic institutions to ensure compliance. Given the influence of...
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Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American Perspective
Download2005
O'Byrne, Shannon, Cohen, Ronnie
The article focuses on the recovery of mental distress damages in breach of contract cases in an American and Canadian legal context. It argues that U.S. and Canadian courts should dismiss the general rule against the recovery of intangibles. The article offers discussions of mental distress...