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Book
xii, 470 pages ; 24 cm.
  • Diversity and the rule of law : a Canadian perspective / Rt. Hon. Beverley McLachlin, P.C.
  • Misconceiving federalism : Canadian 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 hte 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 commonwelath model of human rights protections / Alison 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
  • The court and the constitution in the world / David R. Cameron.
Law Library (Crown)
Book
x, 230 pages ; 24 cm
  • Machine generated contents note: 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.
  • 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.
"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"-- Provided by publisher.
"When I was a 14 or 15 year-old schoolboy, we studied the English Reformation in History class. Our teacher explained to us what were considered to be the accepted reasons for that pivotal event in English history and politics. He told us that one of its leading causes was the desire to challenge and reject the authority of the Pope and the corrupting influence of the Catholic Church generally"-- Provided by publisher.
Law Library (Crown)
Book
1 online resource : text file, PDF
  • Preface Chapter One: Introduction Chapter Two: The Divide between Science and Law Chapter Three: The Gatekeeper Function Chapter Four: The Trial Chapter Five: Earlier Opportunities Chapter Six: Concluding Thoughts.
  • (source: Nielsen Book Data)9781138626195 20171218
Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson's experience-from a scientist and medical professional's perspective-in dealing with lawyers, judges, and the process of testifying in numerous court-offers a unique glimpse into how the two worlds of science and law don't always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book-cases Dr. Ferguson was personally involved with-are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising-in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth-truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.
(source: Nielsen Book Data)9781138626195 20171218
Book
l, 219 pages ; 24 cm
  • Pre-confederation (1763-1867) : 150 years of Canadian confederation : is there reason for indigenous people to celebrate? / Harry S. LaForme
  • Post-confederation (1867-1900) : the post-confederation era / Matthew P. Harrington
  • World War I (1900-1920) : Canada's constitutional coming of age / Eric M. Adams
  • Post-World War I/The Quiet Revolution (1920-1970) : through the lenses of legal interpretation and international law / Stéphane Beaulac
  • Establishment of the Canadian Charter of Rights and Freedoms (1970-1985) : trialogue for lived rights : Canadian women's constitutional activism : then and now / Marilou McPhedran
  • The early Charter years (1985-2000) : pioneering the Charter / Jamie Cameron
  • The millennium (2000-2017) : Canada, its constitution and its peoples enter the 21st century : a peaceful global template, but with challenges still to overcome / Errol P. Mendes
  • The evolution of the rule of law in Canada : the Canadian rule of law : past, present, future / Mary Liston
  • The Canadian constitution's role in challenging and promoting the rights of racial and ethnic minorities : Canada's diversity : reflections on the constitution, rights and equality at the sesquicentennial of confederation / Yasmeen Abu-Laban
  • Aboriginal rights today : Canada's 150th : have recent efforts to enliven aboriginal and treaty rights given a reason to celebrate? / Bradford W. Morse
  • Political parties and their influence on the Canadian constitution : politics and the Canadian constitution / Lorne Sossin
  • The influence of the Canadian Charter of Rights and Freedoms on the Constitution Act, 1867 and the division of powers : merging public law silos and Canada's evolving constitutional landscape / A. Wayne MacKay.
Law Library (Crown)
Book
xv, 254 pages ; 23 cm
  • Foreword
  • Law-related careers and the Canadian justice system
  • Sources of law : statutes
  • Sources of law : common law
  • General categories in the justice system
  • Civil justice system : torts
  • More civil justice system concepts
  • Administrative law
  • Criminal law : the big picture
  • Criminal law : chargin and compelling appearance
  • Criminal law : trial issues
  • Criminal law : after conviction
  • Trends in the Canadian justice system.
"Designed for those who are planning careers in the Canadian justice system or who will be working with people impacted by various aspects of the system, this text provides the foundational knowledge needed to understand the way the various facets of the Canadian justice system work."-- Publisher's website.
Law Library (Crown)
Book
xvii, 518 pages ; 23 cm.
  • Historical context
  • The legitimacy of judicial review
  • Interpretation of the Charter of Rights and Freedoms
  • Limitation of charter rights
  • The legislative override
  • Application
  • Charter litigation
  • Freedom of conscience and religion
  • Freedom of expression
  • Freedom of association
  • Democratic rights
  • Mobility rights
  • Life, liberty, and security of the person and the priniciples of fundamental justice
  • Rights in the criminal process
  • Equality
  • Language rights
  • Remedies.
"This book attempts to provide an accessible account of the Charter of Rights and Freedoms for law students and lawyers as well as non-specialist readers interested in acquiring a basic understanding of the Canadian legal system and the Canadian constitution. We will survey the manner in which the Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application, rather than to present anything approaching a theoretical or philosophical account of Charter rights. It is, however, almost impossible to discuss the Charter without a theoretical framework. As will become apparent, we are believers in the Charter and in the important role it confers upon the courts. In our view, the courts are properly charged with the task of defining and protecting fundamental rights and freedoms in a modern liberal democracy. Furthermore, the Canadian experience to date suggests that an entrenched bill of rights enhances rather than detracts from fundamental democratic values."-- Provided by publisher.
Law Library (Crown)
Book
xxvii, 433 pages : illustrations, map ; 24 cm
  • Foreword
  • Preface
  • History of merger review
  • Notification
  • Merger planning and process
  • Economic analysis
  • Market power and the anticompetitive threshold
  • Market definition
  • Market share and market concentration
  • Competitive effects and the evaluative factors
  • Merger efficiencies
  • Failing firms
  • Non-horizontal mergers
  • Remedies and enforcement
  • Joint ventures and competitor collaborations
  • Afterword.
"The second edition of [this title] has been cited more times by the Supreme Court of Canada than any other competition law text. In this new edition, [the authors] offer...analysis and...guidance to in house counsel, private practitioners, academics, economists, students and government agencies based on critical developments over the past three years. The...content of this text includes: new tips for determining whether a transaction is subject to pre-merger notification; helpful insights into the merger planning and review process, based on recent experience; and recent developments affecting cross-border and international M&A."-- Provided by publisher.
Law Library (Crown)
Book
liii, 419 pages ; 23 cm
  • Introduction
  • The Supreme Court and Parliament : evolving roles and relationships / Lorne Neudorf
  • The Supreme Court and the Conventions of the Constitution / Léonid Sirota
  • From subservient officers to the Crown to indpendent servants of the people : the Supreme Court of Canada's perceptions of itself / Adam M. Dodek
  • The court and administrative law : models of rights protection / Paul Daly
  • L'allégorie d'une Cour suprême complice de trudeauisme : Relecture des prismes de l'arrêt Ford / Frédéric Bérard
  • Aboriginal title in the Supreme Court of Canada / Cherie Metcalf
  • "A prinicple of vital importance" : the Supreme Court's approach to purposeful limits on expression in Section 2(b) / Peter J. Carver
  • The court and freedom of religion / Howard Kislowicz
  • Of promise and peril : the court and equality of rights / Jena McGill and Daphne Gilbert
  • Fundamental justice / Mark Carter
  • Language rights and the political compromise doctrine / Matthew P. Harrington
  • The Supreme Court of Canada and the law of torts / Lewis Klar
  • Property law and the Supreme Court : of gardens and fields / Bruce Ziff
  • The Supreme Court on the relationship between the general law and collective labour relations regime : 1875-2016 / Finn Makela.
"This...collection of papers focuses on the role of the court in the development of three areas: Canadian federalism, the Charter of Rights, and Private Law."-- Publisher's webiste.
Law Library (Crown)
Book
xiv, 386 pages ; 24 cm
  • The singular pluralism of Harry Arthurs / Brian Langille
  • A Yankee gets schooled in King Arthurs's court : Canadian labour law as a cautionary tale / Cynthia Estlund
  • The once and future industrial citizen / Gregor Murray
  • A tale of two Harrys : the life and demise of industrial pluralism in Canada / Eric Tucker
  • Defining labour standards : Harry Arthurs's beau risque / Gilles Trudeau
  • Formality and informality in the law of work / Kerry Rittich
  • Mapping labour law with, within, and without the state / Mark Freedland
  • Dancing with Dicey : a tentative embrace of judicial review / David Dyzenhaus
  • Administrative justice in Arthurs's court / Lorne Sossin
  • Investor rights and the judicial denial of neo-liberal constitutionalism / David Schneiderman
  • "Imagination, determination and passion" : a heroic agenda or legal education / Robert W. Gordon
  • The state of legal scholarship and graduate legal education in Canada / Liora Salter
  • "Globalization" as framing concept : some implications for legal education / William Twining
  • Workplace law without the state? / Kevin Banks
  • Reform in small steps : the case of the dependent contractor / Guy Davidov
  • Labour markets should be judged innocent until proven guilty / Morley Gunderson
  • Labour law and the political economy of inequality / Michael Lynk
  • "A new thing : shall ye not know it?" : on living metaphors in transnational labour law / Adelle Blackett
  • Inequality, gender violence, human rights / Sally Engle Merry
  • Labour law and its "last" generation / David Doorey and Ruth Dukes
  • The daunting challenge : economic justice for subordinated groups / Katherine V.W. Stone
  • Harry Arthurs : the law student years / Martin Friedland
  • Confronting the dragon of globalization : Harry, St George, and me / David M. Trubek
  • Reading landscape and power / Bruno Caruso.
Professor emeritus at Osgoode Hall Law School and former president of Toronto's York University, Harry W. Arthurs is one of the world's most widely respected scholars, educators, and policy makers. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education. Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs's extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs's work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs's ideas and intellectual contributions, they further advance the reader's understanding of labour law and industrial relations. Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs's institutional achievements and policy leadership and an important contribution to contemporary scholarship.
(source: Nielsen Book Data)9780773548909 20170508
Law Library (Crown)
Book
viii, 237 pages ; 24 cm.
  • Introduction : the political and affective language of hate
  • Hate propaganda and the spectre of the Holocaust
  • Legislating victims of hate
  • Bill C-250 : a censoring of religious freedom or a protection against hate?
  • The trans "bathroom bill"
  • The baby and the bathwater : the repeal of Section 13 of the Canadian Human Rights Act.
"Debating Hate Crime examines the language used by parliamentarians, senators, and committee witnesses to debate Canada's hate laws. Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. In so doing, Lunny reveals and interrogates the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical and analytical account of some of Canada's most passionate public debates on victimization, rightful citizenship, social threat, and moral erosion."-- Provided by publisher.
Law Library (Crown)
Book
1 volume (various pagings) : illustrations ; 23 cm
  • Preface
  • Fundamental objectives and principles / Jean-Pierre Vidal
  • Overview of the BEPS project / Jean-Pierre Vidal, Angelo Nikolakakis, Jessica Di Maria and Marwah Rizqy
  • History of tax treaties / Marwah Rizqy
  • Tax treaties / Sophie Chatel
  • Residence in Canada / Annick Provencher, Jean-Pierre Vidal, Marie-Pierre Allard and Chantal Bélanger
  • Permanent establishment in Canada / Annick Provencher
  • Part I tax for a non-resident of Canada / Jean-Pierre Vidal, Florie Pellerin-Catellier and Gemma Ricci
  • Part XIII and Part XIV tax / Jean-Pierre Vidal, Florie Pellerin-Catellier and Gemma Ricci ; Case studies and recommended solutions / Cindy Harvey
  • Part XIII anti-avoidance rules : Sections 212.1 and 212.3 of the ITA / Mathieu Gendron and Sara Shearmur
  • Foreign tax credits / Florie Pellerin-Catellier and Judith Charbonneau Kaplan
  • Expatriates / Sarah Baxter
  • Taxation of non-resident trusts / Nadia Rusak and Jonathan Charron
  • Foreign affiliates I : foreign accrual property income / Jean-Pierre Vidal
  • Foreign affiliates II : dividend to shareholders / Jean-Pierre Vidal
  • Foreign affiliates III : income recharacterization / Jean-Pierre Vidal
  • Foreign affiliates IV : financing / Angelo Nikolakakis
  • Foreign affiliates V : anti-avoidance rules / Jean-Pierre Vidal and Marie Blanchard
  • Borrowing and lending of a non-resident's Canadian subsidiary / Jean-Pierre Vidal, Florie Pellerin-Catellier and Marguerite Auclair
  • Transfer pricing I : the OECD guidelines / Jean-Pierre Vidal
  • Transfer pricing II : Canadian rules / Jean-Pierre Vidal
  • Transfer pricing III : intangibles, services, cost contribution arrangements / Jean-Pierre Vidal
  • Transfer pricing IV : U.S. regulations / Candace M. Marriott
  • Introduction to U.S. taxation / Marwah Rizqy
  • Estate planning in a Canada-U.S. context / Marwah Rizqy
  • e-Commerce / Marwah Rizqy
  • Multilateral instrument (action 15) / Marwah Rizqy and Sara Shearmur.
Law Library (Crown)
Book
lvi, 953 pages ; 24 cm
  • Preface
  • Introduction: Sources of constitutional law and institutions
  • Constitutional amending procedures
  • The Crown prerogative, constitutional conventions and the unwritten principles of the Constitution
  • Courts, independence of judiciary and judicial review (Sections 96, 101)
  • Division of powers analysis : pith and substance, double aspect, paramountcy and interjurisdictional immunity
  • Peace, order and good government
  • Property and civil rights (Section 92(13)) & provincial authority in relation to local and private matters (Section 92(16))
  • Criminal law : federal jurisdiction in relation to criminal law and procedure : provincial jurisdiction in relation to court administration (Sections 91(27), 92(14))
  • Trade and commerce (Section 91(2))
  • Taxation and the raising of revenue (Section 91(3), 92(2)) and the jurisdiction of Parliament over banking, interests and bankruptcy
  • Communication, transportation, navigation and shipping (Sections 91(10), 92(10))
  • Health care and division of powers
  • Intellectual property (Sections 91(22), (23))
  • The environment and natural resources (Section 92A)
  • Immigration (Sections 91(25), 95)
  • Family law : marriage, divorce and solemnization of marriage (Sections 91(26), 92(12))
  • Introduction to the charter : charter analysis
  • Application of the charter (Section 32)
  • Standing to enforce charter rights
  • Limitation of rights (Section 1)
  • Notwithstanding clause (Section 33)
  • Fundamental freedoms (Section 2)
  • Section 7 : life, liberty and security of the person and the principles of fundamental justice
  • Privacy and unreasonable search (Section 8)
  • Section 15 equality rights
  • Minority language rights (Sections 16 through 23)
  • Mobility rights (Section 6)
  • Democratic rights (Sections 3 to 5)
  • Enforcement of rights and remedies (Sections 24, 52)
  • The Constitution and Aboriginal communities : Section 91(24) and Section 35
  • Conclusion.
Law Library (Crown)
Book
xiv, 1147 pages ; 26 cm.
  • Constitutional history
  • Institutions and constitutional change
  • Indigenous peoples and the Canadian Constitution
  • Federalism
  • Rights and freedoms
  • Constitutional theory.
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
(source: Nielsen Book Data)9780190664817 20171017
Law Library (Crown)

14. Refugee law [2017]

Book
xxvi, 577 pages ; 23 cm.
  • Canadian refugee policy
  • Legal framework of refugee law in Canada
  • Categories of status in Canadian refugee law
  • The definition of convention refugee
  • Exclusion from refugee protection
  • Persons in need of protection
  • Overseas protection
  • Inland protection
  • Right to and role of counsel
  • Appeals and judicial remedies
  • Arrest and detention
  • Removal from Canada
  • Conclusions.
"[This book] presents refugee law as an independent system, yet one that is open to and influenced by other branches of domestic law, international law, the practices of other jurisdictions, and the general global trends in forced migration. The book examines the historic and contemporary context of refugee law, formal law, and government policy, and the domestic and international principles of refugee protection. The authors seek to provide a...foundation from which to judge the merits and weaknesses of the existing system, allowing the reader to engage with the ongoing debate, both academic and popular, about the Canadian refugee system."-- Provided by publisher.
Law Library (Crown)
Book
vii, 550 pages ; 24 cm
  • A historical introduction to the Supreme Court's decision on the Assisted Human Reproduction Act / Bernard M. Dickens
  • Licensing and the "AHRA reference" / Ian B. Lee
  • The federalism implications of the "Assisted Human Reproduction Act reference" / Hoi L. Kong
  • Federal and provincial jurisdictions with respect to health : struggles amid symbiosis / Glenn Rivard
  • Determining parentage in cases involving assisted reproduction : an urgent need for provincial legislative action / Carol Rogerson
  • The right to know one's origins, the "AHRA feference", and Patten v. AGBC : a call for provincial legislative action / Michelle Giroux, Cheryl Milne
  • A number but no name : is there a constitutional right to know one's sperm donor in Canadian law? / Vanessa Gruben
  • The priority of the health and well-being of offspring : the challenge of Canadian provincial and territorial adoption disclosure law to anonymity in gamete and embryo provision ("donor" conception) / Juliet R. Guichon
  • A time for change? : the divergent approaches of Canada and New Zealand to donor conception and donor identification / Jeanne Snelling
  • What adoption law suggests about donor anonymity policies: a UK perspective / Jennifer M. Speirs
  • Assisted reproductive technology use among neighbours : commercialization concerns in Canada and the United States, in the global context / Lisa C. Ikemoto
  • Fruitful diversity : revisiting the enforceability of gestational carriage contracts / Susan G. Drummond
  • Listening to LGBTQ people on assisted human reproduction : access to reproductive material, services, and facilities / Stu Marvel, Lesley A. Tarasoff, Rachel Epstein, Datejie Green, Leah S. Steele, Lori E. Ross
  • Regulatory failure : the case of the private-for-profit IVF sector / Colleen M. Flood, Bryan Thomas
  • Great expectations : access to assisted reproductive services and reproductive rights / Sarah Hudson
  • The commodification of gametes : why prohibiting untrammelled commercialization matters / Trudo Lemmens.
In 2004, the Assisted Human Reproduction Act was passed by the Parliament of Canada. Fully in force by 2007, the act was intended to safeguard and promote the health, safety, dignity, and rights of Canadians. However, a 2010 Supreme Court of Canada decision ruled that key parts of the act were invalid. Regulating Creation is a collection of essays built around the 2010 ruling. Featuring contributions by Canadian and international scholars, it offers a variety of perspectives on the role of law in dealing with the legal, ethical, and policy issues surrounding changing reproductive technologies. In addition to the in-depth analysis of the Canadian case the volume reflects on how other countries, particularly the U.S., U.K. and New Zealand regulate these same issues. Combining a detailed discussion of legal approaches with an in-depth exploration of societal implications, Regulating Creation deftly navigates the obstacles of legal policy amidst the rapid current of reproductive technological innovation.
(source: Nielsen Book Data)9781442646698 20170424
Law Library (Crown)
Book
lxv, 430 pages ; 23 cm
  • Preface / David Cayley
  • Foreword / Ian T. Benson
  • Should there be a legal presumption in favour of diversity? : some preliminary reflections / Iain T. Benson
  • Liberal pluralism and the challenge of religious diversity / Peter D. Lauwers
  • Constitutional principles as state territory / Paul B. Cliteur
  • The challenge and promise of religious associations to liberal democratic order / John von Heyking
  • The social ontology of religious freedom / Víctor M. Muñiz-Fraticelli
  • Religious organizations' right to autonomy and collisions with other fundamental rights : an international human rights law analysis / Jeroen Temperman
  • The requirement of religious neutrality : civic action and institutional autonomy / Richard Moon
  • Conceiving freedom of religion in terms of obedience to conscience / Ian Leigh
  • Should conscience be a proxy for religion in some cases? / Richard Haigh
  • When law, religion and family meet : private choices, religious neutrality and the liberal state / Anat Scolnicov
  • Judicial method on rights conflicts in the context of religious identity / Dwight Newman
  • Competing rights under the Canadian Charter : are some issues more equal than others? / Janet Epp Buckingham
  • Freedom of religion, competing rights and spatial priority presumptions / Alvin A.J. Esau
  • Religion and the clash of rights in the United Kingdom / Frank Cranmer
  • Resolving equality uncertainty : adverse-effects claims and conflicts between equality-seeking claimants / Eugene Meehan, Marie-France Major and Thomas Slade
  • The Charter is not a blueprint for moral conformity / Barry W. Bussey.
"In recent years law and religion scholarship in Canada has grown significantly. This...collection of 18 papers addresses, from a variety of angles, the jurisdiction of law itself and limits of law – an important but often overlooked aspect of settling the boundaries of church and state, religion and law."-- Back cover.
Law Library (Crown)
Book
xxiii, 483 pages ; 23 cm.
  • Preface
  • A brief historical overview of theories abouit the relationship of church and state
  • A brief history of law and religious institutions in Canada
  • Religious institutions in Canada
  • Constitutional fundamentals
  • Criminal law
  • Public order
  • Evidence
  • Religious organizations
  • Discipline in religious organizations
  • Education
  • Family law
  • Health
  • Sabbath observance and employment accomodations.
"Drawing on legal, historical, and theological sources, [this book] deals with almost every area in which the laws of Canada interact with matters of religion or religious institutions including constitutional law, criminal law, evidence, property, corporations, trusts, taxation, discipline, family, health, and education. Designed for use by both lawyers and church administrators, this synthesis of legal and religious concerns makes this text a...resource for all professionals working in the area. The fourth edition...updates the law and includes new consideration of wearing religious garb in public places, marriage, rights of public school students, the right of Trinity Western University to open a new professional law faculty, ownership of property where institutional disputes erupt, and the definition of religion for legal purposes."-- Back cover.
Law Library (Crown)
Book
ix, 277 pages ; 24 cm
  • The real danger to press freedom / Tony Burman
  • Exploring how emerging digital business models and journalistic innovation may influence freedom of the press / Leigh Felesky
  • Strategic lawsuits against public participation and freedom of the press in Canada / Normand Landry
  • Process journalism and responsible communication : establishing real-time reporting practices that defend against defamation / Tim Currie
  • Freedom of expression, entertainment, hate speech, and defamation : where do we draw the line? / Anne-Marie Gingras
  • Free expression at thirty : the search for respect / Daniel Henry
  • Has Dagenais-Mentuck seen its high-water mark? / Ryder Gilliland
  • How the criminal code "protects" sexual assault complainants from themselves and constrains their participation in the news media / Lisa Taylor
  • Must news reporters be guerilla lawyers to protect their rights? Covering the Canadian justice system in small communities / Robert Koopmans
  • Freedom of information : how accountability to the public is denied / Fred Vallance-Jones
  • Municipal access to information, delays, and denials : an insider's view / Suzanne Craig
  • Unfettered social media versus government censorship : Mona Eltahawy's Twitter escape as a test case for press freedom / Gavin Adamson
  • Media whining or democratic crisis? How institutional secrecy is contextualized in national newspapers / Bruce Gillespie
  • Section 2(b)'s other fundamental freedom : the press guarantee, 1982-2012 / Jamie Cameron
  • The view from down under : freedom of the press in Canada / James Allan
  • Conclusion : use it or lose it : do Canadians deserve press freedom? / Ivor Shapiro.
"The Unfulfilled Promise of Press Freedom in Canada offers a vast array of viewpoints that critically analyze the application and interpretation of press freedom under the Charter of Rights. This collection, assiduously put together by editors Lisa Taylor and Cara-Marie O'Hagan, showcases the insights of leading authorities in law, journalism, and academia as well as broadcasters and public servants. The contributors explore the ways in which press freedom has been constrained by outside forces, like governmental interference, threats of libel suits, and financial constraints. These intersectional and multifaceted lines of inquiry provide the reader with a 360-degree assessment of press freedom in Canada while discouraging complacency among Canadian citizens. After all, an informed citizenry is a free citizenry."-- Provided by publisher.
Law Library (Crown)
Book
x, 268 pages ; 24 cm
  • Introduction: Law, workers, and courts
  • Labour rights in the pre-Charter era
  • Disorganized labour and the Charter of Rights
  • Canadian labour and the first era of Charter challenges
  • A legal response to neoliberalism
  • The possibilities and limitations of constitutional labour rights
  • A new era of constitutional labour rights
  • Conclusion: Which way forward for labour?
"Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. But how did the labour movement, historically hostile to judicial intervention in labour relations, come to embrace Charter-based legal activism as a first line of defense as opposed to a last resort? [This book] documents the evolution of the Canadian labour movement's engagement with the Charter, demonstrating how and why labour has adopted a controversial, Charter-based legal strategy to challenge and change legislation that restricts union rights. [The authors] argue that the ascendance of neoliberalism in the 1990s forced unions to reconsider their relationships with the courts and governments, and pushed unions back into the legal arena."-- Provided by publisher.
Law Library (Crown)
Book
xv, 337 pages : illustrations ; 24 cm
  • Value change in the Supreme Court of Canada
  • Postmaterialist outcomes in environmental disputes
  • Qualitative analysis of pollution, energy, and fishing rights disputes
  • Postmaterialist outcomes in free expression disputes
  • Qualitative analysis of political speech and commercial advertising disputes
  • Postmaterialist outcomes in discrimination disputes
  • Qualitative analysis of gay rights and sex discrimination disputes
  • The impact of value change in the Supreme Court of Canada.
Value Change in the Supreme Court of Canada is a groundbreaking analysis of the degree to which Supreme Court decisions reflect the changing values of society over the past four decades. Focusing on three key areas of law: environmental disputes, free speech, and discrimination cases, Wetstein and Ostberg provide a revealing analysis of the language used by Supreme Court justices in landmark rulings in order to document the way that value changes are transmitted into the legal and political landscape. Bolstered by a comprehensive and nuanced blend of research methods, Value Change in the Supreme Court of Canada offers a sweeping analysis of pre- and post-Charter influences, one that will be of significant interest to political scientists, lawyers, journalists, and anyone interested in the increasingly powerful role of the Supreme Court.
(source: Nielsen Book Data)9781487501396 20170807
Law Library (Crown)