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2016

Liao, Carol, Lund, Anna, Bangsund, Clayton, Kodar, Freya, Henderson, Gail, Senthe, Shanthi

The 28th Call to Action of the Truth and Reconciliation Commission (“TRC”) is for law schools to “require all law students to take a course in Aboriginal people and the law, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous...

2005

Harrington, Joanna

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...

1992

Bell, Catherine

ABSTRACT. As a result of increasedaboriginaldemands, museumsand govemments are reassessing their roles as guardians of various forms of cultural property. However, an underlyingpresumption in thisprocessis thatastrictlegalanalysisofownershipwill notfavour aboriginalownershipof the...

2016

Nelson, Erin

Introduction: To understand the story of surrogacy regulation in Canada, one must go back a quarter of a century to the appointment of the Royal Commission on New Reproductive Technologies (Royal Commission). In keeping with international practice, Canada’s strategy was to undertake a thorough...

2013

Wood, Roderick J.

Introduction: Two critical questions emerge when considering rescue and liquidation in Canadian restructuring law. The first is whether the use of the traditional restructuring to rescue a financially distressed firm has become a thing of the past - whether it is on its way out and being replaced...

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\" -...

2005

Percy, David

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.

1994

McInnes, Mitchell

The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the...

2004

McInnes, Mitchell

The article focuses on the Canadian law of unjust enrichment. The Canadian law of unjust enrichment is plagued by two related problems: (a) juristic reasons, and (b) discretionary justice. The first problem stems from the fact that different legal systems employ different strategies for...

2002

McInnes, Mitchell

Introduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively...