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Book
xix, 305 pages ; 23 cm.
  • Introduction
  • Commissions and inquiries : themes and variations
  • Working with indigenous people in the legal context
  • The trilogy : Williams, Gladue, and Ipeelee (and a few others)
  • Gladue and sentencing
  • Gladue beyond sentencing
  • Sentencing circles
  • Indigenous courts.
Law Library (Crown)
Book
xlvi, 637 pages : illustrations ; 25 cm
  • Foreword
  • Preface
  • A historical map for administrative law : there be dragons / Colleen M. Flood, Jennifer Dolling
  • Remedies in administrative law : a roadmap to a parallel legal universe / Cristie Ford
  • Realizing aboriginal administrative law / Janna Promislow, Naiomi Metallic
  • Administering the Canadian rule of law / Mary Liston
  • The principles and practices of procedural fairness / Kate Glover
  • The Charter and administrative part I : procedural fairness / Evan Fox-Decent, Alexander Pless
  • The dynamics of independence, impartiality, and bias in the Canadian administrative state / Laverne Jacobs
  • Delegation and consultation : how the administrative state functions and the importance of rules / Andrew Green
  • Fairness in context : achieving fairness through access to administrative justice / Angus Grant and Lorne Sossin
  • Crown liability for negligent administrative action / Alexander Pless
  • Standard of review : back to the future? / Audrey Macklin
  • Making sense of reasonableness / Sheila Wildeman
  • The Charter and administrative law part II : substantive review / Evan Fox-Decent, Alexander Pless
  • Top ten questions (and a few answers) about substantive review / Peter J. Carver
  • Making a federal case out of it : the Federal Court and administrative law / Craig Forcese
  • International human rights norms and administrative law / Gerald Heckman.
"[This book examines] key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada. This...analysis gives students a better sense of how administrative boards and tribunals work in practice. To offer a more comprehensive understanding of subject matter, resources like practice tips, checklists, and a companion website have also been included in the text. This combination of theory and applied learning has resulted in a highly effective teaching tool that students can take from the classroom into practice."-- Provided by publisher.
Law Library (Crown)
Book
xxxiii, 342 pages ; 23 cm
  • Part 1. Introduction
  • Business implications from a public law doctrine : judicial interpretations of Canada's Indigenous rights clause and their relationship to economic reconciliation / Dwight Newman
  • Part 2. Contexts for understanding business implications of Aboriginal law
  • Business and Indigenous rights : reflection after 35 years of talking about section 35 / Ian Binnie
  • Reconciliation : from principle to practice / Thomas Isaac
  • Indigenous business and Canadian law : defining commercial opportunities for Indigenous entrepreneurs and communities / Ken Coates and Blaine Favel
  • Part 3. Economics and Aboriginal rights
  • Market reactions to Aboriginal rights : a look at Canada's resource industries / Cherie Metcalf
  • Aboriginal title claims to private land and the legal relevance of disruptive effects / Malcolm Lavoie
  • Part 4. Structural implications of Aboriginal rights
  • Reconciling the irreconcilable : major project development in an era of evolving section 35 jurisprudence / Bernard J. Roth
  • Navigating a changing landscape : challenges and practical approaches for project proponents and Indigenous communities in the context of the review and assessment of major projects / Keith Bergner
  • Third party rights in the context of Aboriginal consultation and negotiations / Robin M. Junger
  • Part 5. Developing business law for Indigenous economic growth
  • Indigenous entrepreneurship and social entrepreneurship in Canada / Gail E. Henderson
  • Judgment enforcement law in Indigenous communities : reflections on the Indian Act and Crown immunity from execution / Anna Lund
  • Real property security on Indigenous lands / Scott Hitchings.
"Examination of how recent Aboriginal law developments create opportunities and challenges for economic developments in both the Aboriginal law communities and Canadian economy."-- Provided by publisher.
Law Library (Crown)
Book
vi, 232 pages ; 24 cm
  • Introduction
  • Specific claims in Canada : a brief history and policy roadmap
  • Dependent on the good will of the sovereign : background to the Indian Specific Claims Commission
  • The Indian Specific Claims Commission : second sober thought
  • Challenges to the process : applications for inquiries and constructive rejections
  • On the road again : planning conferences, community sessions, and integrity of the process
  • By law or in justice : legal arguments, panel deliberations, and the murky waters of the mediation unit
  • Beyond lawful obligation : the closure of the ICC and the rise of the Specific Claims Tribunal
  • The legacy of the ICC and lessons for the future of specific claims.
The Indian Specific Claims Commission (ICC) was formed in 1991 in response to the Oka crisis. Its purpose was to resolve and expedite specific claims arising out of promises made to Indigenous nations in treaties, the federal Indian Act, and within other Crown obligations. This book traces the history of Indigenous claims in Canada and the work of the ICC from 1991 until it was decommissioned in 2009. An insider's account, it is written by long-standing ICC commissioner Jane Dickson, who draws upon the records of the commission and a wealth of research and experience with Indigenous claims and communities to provide an unflinching look at the inquiry process and the parties involved. By Law or In Justice provides a balanced, careful analysis of Canada's claims policy, the challenges faced by Indigenous claimants, and the legacy of the commission. By documenting the promises made and broken to Indigenous nations, this book also makes a passionate plea for greater claims justice so that true reconciliation can be achieved.
(source: Nielsen Book Data)9780774880053 20180625
Law Library (Crown)
Book
xii, 470 pages ; 24 cm.
  • Introduction: The values of Canadian constitutionalism / Richard Albert
  • Diversity and the rule of law : a Canadian perspective / Beverley McLachlin
  • Misconceiving federalism : Canada and the federal idea / Stephen Tierney
  • Political dynamics in Quebec : charting concepts and imagining political avenues / Alain-G. Gagnon
  • Indigenous peoples and the Canadian state : the prospects of a postcolonial constitutional pluralism / Patrick Macklem
  • Legality, legitimacy, and constitutional amendment in Canada / Jamie Cameron
  • Constitutional citizens : oaths, gender, religious attire / Ayelet Shachar
  • The judicial constitutionalization of politics in Canada and other contemporary democracies : comparing the Canadian secession case to South Africa's death penalty case and Israel's landmark Migdal constitutional case / Michel Rosenfeld
  • Originalism in Australia and Canada : why the divergence? / Jeffrey Goldsworthy and Grant Huscroft
  • Rights inflation in Canada and the United States / Mark Tushnet
  • Substantive equality past and future : the Canadian Charter experience / Catharine A. MacKinnon
  • Canadian constitutional law of freedom of expression / Adrienne Stone
  • The judicial, legislative, and executive roles in enforcing the constitution : three Manitoba stories / Kent Roach
  • Going global? : Canada as importer and exporter of constitutional thought / Ran Hirschl
  • Exporting dialogue : critical reflections on Canada's "commonwealth" model of human rights protections / Alison L. Young
  • The European Court of Human Rights and the Canadian case law / Lech Garlicki
  • Canadian rights discourse travels to the East : referencing to Canadian Charter case laws by Hong Kong's court of final appeal and Taiwan's constitutional court / Wen-Chen Chang
  • The Canadian Charter, South Africa, and the paths of constitutional influence / Heinz Klug
  • Conclusion: The court and the constitution in the world / David R. Cameron.
In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.
(source: Nielsen Book Data)9781108419734 20180213
Law Library (Crown)
Book
1 volume (various pagings) ; 23 cm
  • General rules = Règles fondamenales
  • Legislation = Législation
  • Jurisprudence = Jurisprudence
  • Government documents = Documents gouvernementaux
  • International materials = Documentation internationale
  • Secondary sources and other materials = Doctrine et autres documents
  • Foreign sources = Sources étrangères.
Law Library (Crown)
Book
lx, 666 pages : illustrations ; 24 cm
  • Introduction to intellectual property
  • History of patent law
  • Bargain theory
  • Management of patents
  • Ownership
  • Statutory subject matter
  • Utility
  • Specification
  • Novelty
  • Obviousness
  • Filing and prosecution
  • Post-grant
  • Assignments, licences and other conveyances
  • Litigation considerations
  • Construction
  • Infringement
  • Remedies for infringement
  • Pre-empting allegations of infringement
  • Defences to infringement
  • Abuse of rights
  • Special procedures for pharmaceutical inventions
  • Patent treaties
  • Ethics.
Law Library (Crown)
Book
x, 483 pages ; 23 cm
  • Introduction
  • Prelude : the long road to the Joint Committee
  • The cast
  • At the Joint Committee
  • From the Joint Committee to patriation
  • The limitations clause
  • Fundamental freedoms
  • Democratic rights
  • Mobility rights
  • Legal rights
  • Equality rights
  • Language rights
  • Judicial review, enforcement, and remedies
  • Multiculturalism
  • Denominational rights
  • Aboriginal rights.
The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes. In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause. Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.
(source: Nielsen Book Data)9781442650503 20180813
Law Library (Crown)
Book
xviii, 786 pages ; 25 cm
  • Preface
  • Basic principles
  • Section 7 : right to life, liberty and security of person and guarantee of principles of fundamental justice
  • Section 8 : right to be secure against unreasonable search or seizure
  • Section 9 : arbitrary detention or imprisonment
  • Section 10 : rights on arrest or detention
  • Section 11 : rights of persons charged with an offence
  • Section 12 : protection against cruel and unusual treatment or punishment
  • Section 13 : right of witness not to have incriminating evidence used in subsequent proceedings
  • Section 14 : right to an interpreter
  • Section 15 : equality rights
  • Section 24 : Charter remedies.
"[This book provides a] review of how the Charter of Rights and Freedoms is being applied in the criminal courts by the Supreme Court, courts of appeal and trial judges. Important decisions and scholarly arguments are examined and updated. Major Supreme Court decisions included in [this book] are:- Carter: prohibition against doctor assisted suicide overbroad contrary to s.7; MacDonald: police search on public safety ground requiring reasonable grounds; Fearon: police search of cell phones incident to lawful arrest; Saeed: penile swabs incident to arrest authorised if manner reasonable; Taylor: section 10(b) rights applying where suspect taken to hospital; Hart and Mack: Mr. Big confessions admissible if probative and not abusive; Anderson: revised approach to reviewing prosecutorial discretion; St-Cloud: public confidence ground to deny bail not only for rare use; Antic: re-enforcing ladder approach for bail; Kokopenace: lack of Indigenous people on jury polls not violating rights to jury; Jordan: presumptive ceilings for s.11(b) right to trial within reasonable time; Paterson: confirming Grant approach to robust s.24(2) exclusion of evidence; and Nur and Lloyd: section 12 grossly disproportional challenges to mandatory minimums."-- Publisher's website.
Law Library (Crown)
Book
249 pages : illustrations ; 24 cm.
  • Introduction
  • The facts : survey results
  • The facts : two case studies
  • Access to justice
  • Selecting the cases
  • Settlements
  • Fees
  • Costs
  • Conclusion.
Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.
(source: Nielsen Book Data)9780774837880 20180521
Law Library (Crown)
Book
viii, 130 pages ; 24 cm.
  • Precriminalities : police investigation, substantive criminal law, and administrative processes
  • Creating police powers : a Canadian judicial innovation
  • Sex, sexuality, and the law : 'society's proper functioning' and precautionary governance of sex work
  • Administering criminal law : preventing crime and punishing the precriminal
  • The future of precrime : where do we go now?
In Philip K. Dick's short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick's allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"-particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention. The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality. The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.
(source: Nielsen Book Data)9781138055339 20180508
Law Library (Crown)
Book
xcv, 866 pages ; 24 cm
  • Foreword
  • Preface to the first edition
  • Introduction
  • An overview of criminal procedure and basic concepts
  • Detention and arrest
  • Search and seizure
  • Questioning
  • Intake procedures
  • Bail
  • Disclosure
  • Prosecutorial function
  • Elections, preliminary inquiries and preferring the indictment
  • Remedies
  • Informations and indictments
  • Territorial limits
  • Temporal limits
  • The plea
  • Jury selection
  • Trial procedure
  • Sentencing
  • Appeals.
"Structured chronologically, the relevant rules and procedures are introduced and explained in the same sequence as the criminal process, offering a logical and intuitive organization. The Charter's innumerable effects on the criminal process are addressed...throughout the book. The authors' backgrounds in practice, in academia and on the bench results in a textbook that is both thorough and insightful."-- Publisher's website.
Law Library (Crown)
Book
viii, 170 pages ; 24 cm.
  • Introduction
  • The Supreme Court and health policy : an overview
  • Eldridge v British Columbia : effective communication and the sounds of silence
  • Auton v British Columbia : reversal of fortune
  • Chaoulli v Quebec : the last line of defence for citizens
  • Conclusion.
Health Care and the Charter will be of interest to students and scholars of courts, rights litigation, and health policy, as well as health policy scholars, policy-makers, legal scholars, political scientists, and readers with a general interest in the issue of health care and the courts.
(source: Nielsen Book Data)9780774835534 20180521
Law Library (Crown)
Book
x, 230 pages ; 24 cm
  • 1. Taking a stand: politics, prisons and football-- 2. Doing the business: judges, academics, and intellectuals-- 3. If Derrida played football-- 4. Hurly-Berle: corporate governance and democracy-- 5. Fashion police v. Supreme Court: a dressing down?-- 6. The politics of The Charter: a critical approach-- 7. Judicial indiscretions: asking about law in all the wrongs ways-- 8. Why I don't teach administrative law (and perhaps why I should)-- 9. Into the black hole: toward a fresh approach to Tort causation-- 10. Some 'what if?' thoughts: notes on Donoghue-- 11. Les Miserables Redux: law and the poor-- 12. Too late to stop now: law, life and lore.
  • (source: Nielsen Book Data)9781108421058 20180226
Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.
(source: Nielsen Book Data)9781108421058 20180226
Law Library (Crown)
Book
xviii, 265 pages : forms ; 23 cm
  • Preface
  • Introduction
  • Private dispute resolution
  • Ombudspersons
  • Apologies legislation
  • Public alternative dispute resolution.
"Litigation is no longer the default mechanism for resolving a commercial or civil dispute. Today, the key issue for parties in dispute is choosing a process that is both fair and affordable. The second edition takes into account changes in the law since the previous edition. It explains all dispute resolution mechanisms available across Canada...Discover when and how to use: aboriginal courts, conciliation, dispute review boards, community and faith based dispute resolution, international arbitration, apologies legislation, ombudsmen, settlement conferences, court annexed mediation, pre-trial conferences, and other related ADR methods."-- Publisher's website.
Law Library (Crown)
Book
cliv, 1547 pages ; 24 cm
  • Preface
  • Foundational principles of evidence and the importance of evidentiary rulings in context
  • Types of evidence and conditions for the receipt of evidence
  • Evidential burden and burden of proof
  • Presumptions
  • Standards of proof
  • Hearsay
  • Self-serving evidence
  • Confessions
  • Illegally obtained evidence
  • Character evidence
  • Similar fact evidence
  • Opinion evidence
  • Competence and compellability of witnesses
  • Privilege
  • Public interest immunity
  • The examination of witnesses
  • Corroboration
  • Documentary evidence
  • Rules dispensing with or facilitating proof.
"[This book offers] coverage of the Canadian law of evidence, and has been updated to include significant recent developments. It is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence."-- Publisher's website.
Law Library (Crown)
Book
xxxvi, 388 pages ; 24 cm
  • A black letter overview
  • Libel and freedom of expression
  • The defamatory statement
  • Refernce to the plantiff
  • Publication
  • Justification
  • Absolute privilege
  • Reports privileged by statue
  • Qualified privilege at common law
  • Responsible communication
  • Fair comment
  • Consent
  • Notice requirements and limitation periods
  • Damages
  • Apologies and retractions
  • Injunctions
  • Screening for "SLAPP" litigation
  • Slander and other torts.
"Canadian libel law is designed to strike a balance between two essential values - protection from harmful publications on one side and protection of free expression on the other. [This book] guides you through libel law's thicket of rules, exceptions, shifting onuses and other legal considerations. Coverage includes cases decided since publication of the third edition in 2014, what constitutes defamation, the defences available, remedies, and how defamation ties into technological advancements and privacy laws."-- Publisher's website.
Law Library (Crown)
Book
xxx, 236 pages ; 24 cm
  • Introduction
  • Mining and communities
  • The law and the mining cycle
  • Ownership of minerals in Canada
  • Acquisition of mineral rights through prospecting
  • Surface rights issues
  • The withdrawal of land from mining access
  • Dealings in mineral rights
  • Restrictions on foreign investment
  • Financing and securities issues
  • The regulation of mining operations
  • Regulatory issues associated with mine closure and reclamation
  • Royalties and taxation
  • Social responsibility and extraterritorial regulation of Canadian mining companies.
"Mining law provides a legal structure for the exploration for and development of mineral resources, as well as a system for maximizing the economic value that the industry can produce while complying with an appropriate regulatory framework. Given this broad mandate, mining law draws on a range of practice areas – from property law and constitutional law, to Aboriginal law and environmental law, to securities law and even international criminal law. This text offers an...overview of these different aspects of mining law, and includes discussions about mineral rights, transactional provisions, foreign investment issues, financing and securities, mining operations, relevant taxation matters and extraterritorial regulation of Canadian mining companies working abroad. In particular, [this book] features...commentary and...analysis on the current state of mining law legislation and jurisprudence, including precedent-setting case law. As a result, it is a very useful reference for mining lawyers and professionals."-- Publisher's website.
Law Library (Crown)
Book
xi, 307 pages ; 24 cm
  • Sexual assault and the legal profession
  • Pendulum swings and matriarchal justice : debunking defence counsel myths
  • A kinder and gentler approach? : interrogating the heroes of the defence bar
  • The sexual assault lawyer's justice project
  • The role of the Crown in sexual assault trials
  • Judging sexual assault trials
  • Judicial error in sexual assault cases
  • We owe a responsibility.
Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers' public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
(source: Nielsen Book Data)9780773552777 20180409
Law Library (Crown)
Book
xxvii, 497 pages ; 26 cm
  • Foreword / L. Yves Fortier
  • Préface / L. Yves Fortier
  • Introduction / Oonagh E. Fitzgerald, Valerie Hughes and Mark Jewett
  • Introduction / Oonagh E. Fitzgerald
  • The reception of international law in Canada : three ways we might go wrong / Gib van Ert
  • La mise œuvre judiciaire des obligations internationales du Canada en matière de droits humains : Obstacles et embûches / Stéphane Beaulac
  • Le rôle du Parlement dans la négociation et l'adoption des traités / Armand de Mestral et Hugo Cyr
  • A historical survey of Canadian international treaty diplomacy / Gary Luton
  • Le Canada et la capacité des entités infra-étatiques de conclure des traités / Charles-Emmanuel Côté
  • Introduction / John Borrows
  • Exploring the international character of treaties 1-11 and the legal consequences / Brenda L. Gunn
  • Sui generis sovereignties : the relationship between treaty interpretation and Canadian sovereignty / Joshua Nichols
  • Indigenous legal traditions and histories of international and transnational law in the pre-confederation maritime provinces / Robert Hamilton
  • The Crown fiduciary duty at the Supreme Court of Canada : reaching across nations, or held within the grip of the Crown? / Ryan Beaton
  • Introduction / Jonathan Fried
  • Le rôle du Canada dans l'évolution institutionnelle et substantive du système GATT/OMC / Richard Ouellet
  • Canada : a key player in WTO dispute settlement / Valerie Hughes
  • Taxing transnationals : Canada and the world / Allison Christians
  • Canada's international tax system : historical review, problems and outlook for the future / Brian J. Arnold
  • Le Canada et le droit internationale privé en matière commerciale / Bernard Colas
  • Introduction / Jutta Brunnée
  • The evolution of Canada's international and domestic climate policy : from divergance to consistency? / Silvia Maciunas and Géraurd de Lassus Saint-Geniès
  • Canadian contributions to international environmental law on chemicals and wastes : the Stockholm Convention as a model / Anne Daniel
  • Going with the flow : sovereignty, cooperation and governance of US-Canada transboundary and boundary waters / Dean Sherratt and Marcus Davies
  • Canada's influence on the law of the sea / Suzanne Lalonde
  • Introduction / Jeremy de Beer
  • Canada's role in the relationship of trade and intellectual property / Howard P. Knopf
  • Integrating the rules of international intellectual property law into the body of international trade law / Ton Zuijdwijk
  • Introduction / Oonagh E. Fitzgerald
  • "This is hallowed ground" : Canada and international labour law / Adelle Blackett
  • Canada and the development of international criminal law : what role for the future? / Valerie Oosterveld
  • Criminels de guerre au Canada? : La valse-hésitation historique entre poursuites et expulsions / Fannie Lafontaine
  • Enfants-soldats en droit international humanitaire : civils ou combattants? : Expériences et réflexions canadiennes / René Provost
  • Conclusion / Oonagh E. Fitzgerald, Valerie Hughes and Mark Jewett.
Marking 150 years since Confederation provides an opportunity for Canadian international law practitioners and scholars to reflect on Canada's rich history in international law and governance, where we find ourselves today in the community of nations, and how we might help shape a future in which Canada's rules-based and progressive approach to international law gains ascendancy. This collection of essays, each written in the official language chosen by the authors, provides a thoughtful perspective on Canada's past and present in international law, surveys the challenges that lie before us, and offers renewed focus for Canada's pursuit of global justice and the rule of law. Part I explores the history and practice of international law, including sources of international law, Indigenous treaties, international treaty diplomacy, domestic reception of international law, and Parliament's role in international law. Part II explores Canada's role in international law, governance and innovation in the broad fields of economic, environmental, and intellectual property law. Part III explores Canadian perspectives on developments in international human rights and humanitarian law, including judicial implementation of these obligations, international labour law, business and human rights, international criminal law, war crimes, child soldiers, and gender. Reflections on Canada's Past, Present and Future in International Law/Reflexions sur le passe, le present et l'avenir du Canada en droit international demonstrates the pivotal role that Canada has played in the development of international law and signals the essential contributions the country is poised to make in the future.
(source: Nielsen Book Data)9781928096672 20180910
Law Library (Crown)