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2001

Billingsley, Barbara, Elman, Bruce P.

Prompted by the marked clash between the Supreme Court of Canada and the Alberta Court of Appeal in R. v. Ewanchuk, the authors ask whether this conflict is indicative of a fundamental divergence of opinion between the two courts. To answer this question, the authors embark on a review of all 132...

2006

Harrington, Joanna

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...

2004

Harrington, Joanna

Introduction: The death penalty is a subject that, in the words ofJustice Adrian Saunders of the Eastern Caribbean Court of Appeal, \"invariably elicits passionate comment.\" Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent...

2016

Wood, Roderick, J.

Introduction: On account of its population, its geography and its history, Canada has traditionally been a borrower of laws. In the commercial law field, it borrowed the English codifications of negotiable instruments law and sales law during the late Victorian era. More recently it borrowed the...

2015

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...

2015-01-01

O'Byrne, Shannon, Cohen, Ronnie

This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty —...

2016

Adams, Eric M.

This article is about the making of modern legal education in North America. It is a case study of the lives of two law schools, the University of Alberta, Faculty of Law and the University of Minnesota Law School, and their respective deans, Wilbur Bowker and Everett Fraser, in the decades...

2007

Harrington, Joanna

According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...

2007

McInnes, Mitchell

The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...

2004

Johnsen, Bruce, Yahya, Moin A.

Introduction: Scholars and jurists increasingly acknowledge that the U.S. Supreme Court's Commerce Clause jurisprudence desperately needs a new direction. Even Laurence Tribe, widely regarded as a liberal commentator, concedes that until very recently the Court's decisions in this area came...