Search

2003

Harrington, Joanna

The author critically analyzes the derisory manner in which Canadian courts have regarded Canada's international human rights treaty obligations. More specifically, relying on the recent Canadian judicial pronouncements in Ahani v. Canada, the author questions the usual justifications put forth...

1991-01-01

Acorn, Annalise

Introduction: Section 276 of the Criminal Code of Canada provided that, in a trial for sexual assault, the accused could not (other than in limited circumstances) adduce evidence of the sexual conduct of the complainant with persons other than the accused. The section was introduced1 as an...

2004

Nelson, Erin

The author discusses the issue of medical intervention in pregnancy, and suggests that what is missing from the present discourse on pregnancy and the law is a theoretical framework for choice or decision-making in pregnancy. It is suggested that the inability to formulate an adequate mode of...

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.