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- 37Canadian Law
- 3Canadian native peoples--Laws, regulations and rules
- 3Colonialism--Laws, regulations and rules
- 2Humanities and the Law
- 2Judicial Administration
- 5McInnes, Mitchell
- 5Wood, Roderick J.
- 4Acorn, Annalise
- 4Bell, Catherine
- 3Billingsley, Barbara
- 3Buckwold, Tamara M.
407 ETR, Moloney, and the contested meaning of rehabilitation in Canada’s personal bankruptcy systemDownload
Introduction: Every year, over one hundred thousand Canadians turn to the Bankruptcy and Insolvency Act for relief from their indebtedness. They require assistance handling debt loads that they have no realistic chance of ever repaying. Their debts may cause them other problems such as...
A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a...
Introduction: Socrates' admonition about excessive and inaccurate praise of love is more instructive today than ever. Unlike Kant's notion of good will, for example, love itself cannot be seen as an unqualified good, as something that shines purely and perfectly irrespective of the interests it...
Introduction: In the past decade, the Supreme Court of Canada has taken an active role in restating the rules of causation that apply in tort actions arising from personal injuries. As will be seen, the relevant decisions fall within two broad categories. In the first group of cases, policy...
It is not uncommon for Aboriginal law students to experience discomfort in studying the law. The discomfort is not unique to legal studies, but the law provides a venue where the effects of the imposition of colonial norms are starkly revealed. In law school the author had to confront how...
This article examines the silencing of Aboriginal people in Canadian legal discourse. The continued colonization of Aboriginal people is represented in legal decisions which display how Aboriginal laws, evidence, and reasoning are barred from the judicial process. By relying on early precedent...
Comment on partners in confederation, a report on self-government by the Royal Commission on Aboriginal peoplesDownload
Introduction: On April 17, 1982, the Aboriginal and treaty rights of the Aboriginal peoples of Canada were recognized and affirmed in the Canadian constitution. In the following years, several First Ministers' conferences were held to address Aboriginal constitutional matters. A recurring topic...
Introduction: This article is concerned with the extent to which one party has a common law duty to disclose information to another, either antecedent to or during the life of a commercial contract.' Though the general rule for contractual negotiations is that there is no duty of disclosure, such...
The author addresses two perennial problems in Canadian administrative law: the choice of a standard of review and the inconsistent application of the reasonableness standard. With these problems in mind, the Supreme Court of Canada in Dunsmuir set out to establish a 'principled framework that is...
Dizzying Dialogue: Canadian Courts and the Continuing Justification of the Dispossession of Aboriginal PeoplesDownload
Since Aboriginal rights have found protection within Canada's Constitution, a new relationship has emerged between Canada's Aboriginal Peoples and the Crown. This relationship is characterized by the need for \"reconciliation. \" In its growing jurisprudence, the Supreme Court of Canada applies...