Women, Law, and Equality: A Discussion Guide 19 Jul 2010, 1:00 am

Women, Law, and Equality: A Discussion Guide is designed to stimulate and facilitate discussions around the complicated issues of feminism, equality, and social justice among broad spectrum of readers, with varied perspectives and knowledge. The book consists of six chapters, which first frame the following five topics: Polygamy; Caring for Young Children; Feminism, Law, Cinema; Women and Power; and Women and Migration. Each chapter provides excerpted and compiled texts and discussion questions intended to stimulate discussion.

The topics discussed in the guide all throw into relief the legal, social, ethical, and political implications of women’s equality issues. The range of topics covered in the guide make it ideal for a survey or introductory-level gender studies, women in the law, or women-focused political science course. It could also be used for a series of book club-style discussions.

Summary Table of Contents

Acknowledgments  

Let’s Talk Women, Law, and Equality 

Glossary  

Chapter 1: Polygamy

Kim Brooks

Chapter 2: Caring for Young Children

Kim Brooks

Chapter 3: Feminism, Law, Cinema

Suzanne Bouclin

Chapter 4: Women and Power (or, Powerful Women)

Carissima Mathen

Chapter 5: Women and Migration

Doris Buss

Chapter 6:  Final Thoughts

The Law of Remedies: New Directions in the Common Law 9 Jul 2010, 1:00 am

This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland.

Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another’s experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.

Summary Table of Contents

1 Remedies for Bad Behaviour in Canadian Contract Law

Robert Sharpe

2 Reliance Damages for Breach of Contract

David McLauchlan

3 Fuller and Perdue’s Limitations: Opportunities, Performance, and Quantification

Maree Chetwin

4 Damages for Breach of Contracts with Alternative Performances

Michael G. Pratt

5 Coherence, Non-Pecuniary Loss, and the Construction of Privacy

Michael Tilbury

6 Beyond Dignity?

Grant Hammond

7 Redressing Dignitary Injuries and Non-economic Loss in Novel Torts: Challenges for the Law of Remedies

Penelope Watson

8 Holism and Harmony in the Law of Remedies

Ken Cooper-Stephenson

9 Remedies: The Key to the Common Law System?

Steve Hedley

10 Beyond Compensation: Apology as a Private Law Remedy

Robyn Carroll

11 Remedies for Breaches of “Public” Obligations: The Equality Principle Meets the Welfare State and the New Constitutionalism

Geoff McLay

12 Addressing the Remedial Interests of Patients after an Adverse Event in Healthcare: The New Zealand Response

Joanna Manning

13 The Crown and Remedies

David Wright

14 Remedies and Accountability for Unlawful Judicial Action in New Zealand: Could the Law be Tidier?

Bruce V. Harris

15 A Plea to Reject the United States Supreme Court’s Due-Process Review of Punitive Damages

Doug Rendleman

16 Remedies for Breach of Fiduciary Duty in Joint Ventures

Jessica Palmer

17 Mareva Orders in Globalized Litigation

David Capper

18 Exporting Your Remedy: A Canadian Perspective on the Recognition and Enforcement of Monetary and Other Relief

H. Scott Fairley

19 Damages in Transnational Tort Litigation: Legislative Restrictions and the Substance/Procedure Distinction in Australian Conflict of Laws

Gary Davis

20 The Globalization of Defamation

Russell L. Weaver & David F. Partlett

21 The Class Action as Sheriff: Private Law Enforcement and Remedial Roulette

Peta Spender

22 Class Actions (Representative Proceedings) and the Exercise of the Cy-Pres Doctrine: Time for Improved Scrutiny

Jeff Berryman

Legal Research and Writing, 3d ed. 23 Jun 2010, 1:00 am

Legal Research and Writing, Third Edition seeks to explain the practical skills needed for print and online legal research and for legal writing. It provides a current and comprehensive look at the topic, consolidating information on legal research and writing into one handy, easy-to-use resource. The book is written for both seasoned practitioners, seeking to add the latest sources and techniques to their research arsenals, and for beginning law students who face a bewildering array of information. It includes chapters on legal research malpractice, the acquisition of research resources, and knowledge management. In addition, it covers searching the new platforms of the major proprietary online legal databases, the increasing digitization of legal materials, and the Web 2.0. Legal Research and Writing is the most up-to-date book of its kind available in Canada today.

Visit the companion website at http://www.legalresearchandwriting.ca

Summary Table of Contents

Preface to the Third Edition  

CHAPTER 1: Introduction to Legal Research and Writing  

CHAPTER 2: Secondary Legal Resources  

CHAPTER 3: Researching Legislation  

CHAPTER 4: Researching Case Law  

CHAPTER 5: Legal Research on the Internet  

CHAPTER 6: Legal Research Databases and CD-ROMs  

CHAPTER 7: International and Foreign Legal Research  

CHAPTER 8: Legal Research by Topic  

CHAPTER 9: Selecting and Acquiring Legal Resources  

CHAPTER 10: Knowledge Management for Lawyers  

CHAPTER 11: Legal Research and Writing Malpractice  

CHAPTER 12: Legal Writing  

Appendix: Putting it All Together — A Sample Research Problem and

Memorandum of Law  

Glossary

Table of Cases 

Index

Conflict of Laws 7 May 2010, 1:00 am

Irwin Law is pleased to announce the publication of Conflict of Laws by Stephen Pitel and Nicholas Rafferty. This new addition to the Essentials of Canadian Law series could not be more timely. Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year.  Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Professors Pitel and Rafferty have written a highly readable and thoughtful treatise that explains and analyzes the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.

Summary Table of Contents

Preface

CHAPTER 1: Introduction

CHAPTER 2: Domicile and Residence

CHAPTER 3: Exclusion of Foreign Law

CHAPTER 4: Foreign Currency Obligations

CHAPTER 5: Jurisdiction In Personam 

CHAPTER 6: Forum Non Conveniens

CHAPTER 7: Anti-Suit Injunctions

CHAPTER 8: Recognition and Enforcement of Foreign Judgments

CHAPTER 9: Recognition and Enforcement of Foreign Arbitral Awards

CHAPTER 10: The Choice of Law Process

CHAPTER 11: Substance and Procedure

CHAPTER 12: Pleading and Proof of Foreign Law

CHAPTER 13: Tort

CHAPTER 14: Contract

CHAPTER 15: Unjust Enrichment

CHAPTER 16: Nature and Situs of Property

CHAPTER 17: Immovable Property

CHAPTER 18: Movable Property

CHAPTER 19: Succession

CHAPTER 20: Trusts

CHAPTER 21: Marriage

CHAPTER 22: Divorce

CHAPTER 23: Nullity

CHAPTER 24: Children

CHAPTER 25: Support Obligations

Table of Cases

Index

International and Transnational Criminal Law 3 Mar 2010, 1:00 am

Foreword by William Schabas

International and Transnational Criminal Law by Robert J. Currie offers an overview of those branches of international law commonly referred to as "international criminal law" (ICL) and "transnational criminal law" (TCL). It surveys the history and major developments behind a major legal and philosophical force of the twentieth century: that individuals can be liable for horrendous crimes that are committed, not just against the criminal laws of a single state, but against international law and thus the entire world community.

In his treatment of ICL, Professor Currie examines the major international crimes—genocide, crimes against humanity, war crimes, and aggression—against the backdrop of those international courts set up to deal with these crimes, such as the Nuremberg and Tokyo Tribunals, the UN ad hoc tribunals, and the International Criminal Court. The discussion of TCL focuses on conduct that is considered to be criminal by the domestic law of states, but which has aspects affecting more than one state. The book reviews the major international law regimes designed to deal with transnational crime in such areas as narcotics trafficking, terrorism, transnational organized crime, corruption and cybercrime.

However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law—and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.

The book also contains a number of unique contributions to Canadian legal literature, including:

-          the first published analysis of the trial judgment in R. v. Munyaneza, Canada’s first genocide prosecution;

-          the most detailed study yet published of criminal cases with transnational elements, including the use of the Libman test for jurisdiction by courts;

-          a chapter to dedicated to exploring the difficult issue of how Canada’s human rights obligations interact with international criminal co-operation such as extradition;

-          a study of the Supreme Court of Canada’s controversial decision in R. v. Hape, and a look at the fallout from the court’s approach to extraterritorial jurisdiction in that case.

International and Transnational Criminal Law brings together in one text a number of disparate but related topics that are of increasing importance in a world of globalized crime. However, it is accessibly written in an effort to communicate the basics of a sometimes rarified field. Therefore, it will prove useful to teachers, students, practitioners, judges and policy-makers alike.

Summary Table of Contents

Foreword by William Schabas

Chapter 1 — Introduction: "Convergence of Disciplines"

Chapter 2 — Jurisdiction Over International and Transnational Crime

Chapter 3 — The Core Crimes

Chapter 4 — Direct Enforcement Against the Core Crimes

Chapter 5 — Indirect Enforcement: National Prosecution of the Core Crimes

Chapter 6 — Other International Crimes

Chapter 7 — Transnational Crimes of International Concern

Chapter 8 — Transnational Crimes of Domestic Concern

Chapter 9 — International Criminal Co-operation

Chapter 10 — International Criminal Co-operation, Human Rights and the Application of the Charter

Chapter 11 — Immunities from Prosecution

Table of Cases

Index

Civil Litigation 19 Feb 2010, 1:00 am

Civil Litigation by Professors Janet Walker and Lorne Sossin is a concise narrative of the key elements of the resolution of civil disputes in Canada. It covers all aspects of civil procedure and provides a useful pan-Canadian comparison of legislation and court rules from various jurisdictions. Until now there has not been an introductory work on the subject of civil litigation that places it in the larger institutional, professional, and social context of dispute resolution and which explains its main aspects in a way that is informative to members of the legal community and accessible to the larger community. Civil Ligitation fills that gap.

… [A] remarkably accessible and sophisticated analysis of the doctrinal issues... [T]his is a book I would be very proud to have written.

            -Hon. Robert J. Sharpe, Court of Appeal for Ontario (from the Foreword)

SUMMARY TABLE OF CONTENTS

Foreword

Preface

List of court rules

Chapter 1: Civil Procedure in Context

Chapter 2: Costs and Access to Justice

Chapter 3: Commencing a Claim

Chapter 4: Pleadings

Chapter 5: The Size and Scope of Litigation

Chapter 6: Class Proceedings

Chapter 7: Discovery

Chapter 8: Privilege

Chapter 9: Disposition without Trial

Chapter 10: Pre-trial Relief

Chapter 11: Civil Justice Reform

Table of Cases

Index

The Essential Guide to Mooting: A Handbook for Law Students 5 Feb 2010, 1:00 am

As Canadian law schools continue to expand their mooting programs and increase the emphasis on moot participation, The Essential Guide to Mooting: A Handbook for Law Students will undoubtedly be of great value to their students.

Mooting is an important step in the development of one’s advocacy and communication skills. This thorough “how-to” guide provides students with a road-map to crafting a successful career as a mooter and future advocate in many different arenas. Using this book as a guide, students will be better prepared to step into their “courtrooms” and present credible and persuasive arguments in a manner corresponding to the finest of advocacy skills. The result will be that the calibre of mooting will only improve and continue to reflect the high quality of those behind the arguments: Canada’s law students.

Contents

Foreword

Preface: Why a Book on Mooting?

Acknowledgments

Chapter 1: Setting the Scene: Modern Mooting

Chapter 2: Preparation

Chapter 3: Opening Remarks

Chapter 4: Delivering Submissions

Chapter 5: Terminology and Phrases

Chapter 6: Dealing with Questions

Chapter 7: Other Matters

Chapter 8: Conclusion

Appendix A: Moot Problem from the 2009–2010 Harold G. Fox Intellectual Property Moot

Appendix B: Sample Fact Sheet for Student Mooters

Appendix C: The Official Rules for the 2009–2010 Harold G. Fox Intellectual Property Moot

Appendix D: Tips for Drafting a Motion

Appendix E: Additional Readings

Glossary

The Lunatic and the Lords 24 Nov 2009, 1:00 am

On January 20, 1843 a wood turner named Daniel M’Naughten shot Edward Drummond, secretary to Prime Minister Sir Robert Peel. Drummond died a few days later and M’Naughten’s murder trial at the Old Bailey became the leading story of the day as reported in painstaking detail by The Times. Drummond came from a noble Scottish family, related to Queen Victoria, and with significant banking interests in the City. It was revealed at trial that M’Naughten’s intended victim was in fact the Prime Minister. Both the Crown and the accused were represented by leading barristers with the Lord Chief Justice of England presiding. According to The Times, extra constabulary were required to manage the crowds seeking access to the court’s gallery. It was a spectacle.

However, this compelling story might only have been an historical footnote were it not for the verdict of not guilty by reason of insanity and fallout that ensued. The verdict so outraged the Queen that she ordered a committee of the House of Lords to review the court’s decision. The result was the so-called ‘M’Naughten Rules’ which formed, and continue to form, the basis of the insanity defence in England and most English-speaking jurisdictions around the world including the United States. The rules also remain extremely controversial.

The Lunatic and the Lords, by Richard Schneider is a riveting account of the events surrounding Drummond’s murder, M’Naughten’s trial at the Old Bailey, and its aftermath. But it is also an analysis of the legacy of M’Naughten’s case in the context of contemporary criminal law and medical science. Few authors are better suited to this task. Richard Schneider is a former criminal lawyer and clinical psychologist who now, as a judge of the Ontario Court of Justice, presides at the Mental Health Court in Toronto where M’Naughten’s case is of relevance on a daily basis. In the course of telling M’Naughten’s story, Schneider describes the evolution of the notion of criminal responsibility as it applies to mental disorder, and the not always comfortable interface between the criminal justice system and medicine.

Making Equality Rights Real: Securing Substantive Equality Under the Charter (Paperback) 24 Nov 2009, 1:00 am

In the two decades since Section 15 of the Canadian Charter of Rights and Freedoms came into effect, the right to equality has been one of the most hotly contested Charter rights, being disputed in over 350 reported court cases across Canada. It is a right that in very short order has become deeply engrained in Canadian legal, political, and social discourse. It has become a bedrock value, fundamentally reflecting and shaping how Canadians view themselves and their society.

Making Equality Rights Real critically assesses the state of equality jurisprudence from many angles. Collectively, these 13 essays attempt to advance substantive equality as section 15 of the Charter moves into its second generation. Each of the papers in this collection aims to deepen our understandings of the dynamics of inequality and oppression and so produce a richer more nuanced legal framework for eradicating discrimination and promoting substantive equality. With only two decades’ experience with Charter equality litigation, the project to secure substantive equality remains a work in progress.

For the 2009 paperback edition of Making Equality Rights Real, a new foreword has been added, written by Kim Brooks.

Table of Contents

PART ONE: WHAT DOES EQUALITY MEAN?
CHAPTER 1: The Wrongs of Unequal Treatment - Sophia Moreau
CHAPTER 2: Equality, Comparison, Discrimination, Status - Beverley Baines
CHAPTER 3: Answering the Siren Call of Abstract Formalism with the Subjects and Verbs of Domination - Sheila McIntyre
CHAPTER 4: Discrimination and Dignity - Denise G. Réaume
CHAPTER 5: Law v. Meiorin: Exploring the Governmental Responsibility to Promote Equality under Section 15 of the Charter - Melina Buckley

PART TWO: EQUALITY CLAIMS IN CONTEXT
CHAPTER 6: Women Are Themselves to Blame: Choice as a Justification for Unequal Treatment - Diana Majury
CHAPTER 7: The Law Test for Discrimination and Gendered Disability Inequality - Fiona Sampson
CHAPTER 8: Equality Rights and the Charter: Reconceptualizing State Accountability for Ending Domestic Violence - Melanie Randall
CHAPTER 9: The Denial of the Means of Subsistence as an Equality Violation - Gwen Brodsky & Shelagh Day
CHAPTER 10: The Supreme Court, The Law Decision, and Social Programs: The Substantive Equality Deficit - Judith Keene

PART THREE: SHIFTING AND BLENDING PARADIGMS: THE CHARTER, STATUTORY HUMAN RIGHTS, AND INTERNATIONAL HUMAN RIGHTS
CHAPTER 11: Postcards from O’Malley: Reinvigorating Statutory Human Rights Jurisprudence in the Age of the Charter - Leslie A. Reaume
CHAPTER 12: Formulaic Comparisons: Stopping the Charter at the Statutory Human Rights Gate - Andrea Wright
CHAPTER 13: International Law as a Strategic Tool for Equality Rights Litigation: A Cautionary Tale - Jennifer Koshan

APPENDICES: LEAF FACTA
APPENDIX A: Newfoundland (Treasury Board) v. N.A.P.E.
APPENDIX B: Auton (Guardian ad litem of) v. British Columbia (Attorney General)
Contributors
Index

The Law of Partnerships and Corporations, 3d ed. 8 Oct 2009, 1:00 am

This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada. Anthony VanDuzer discusses both the internal and external functions and relationships of business organizations, and the laws that govern them. The book is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships, and corporations in Canada. As well, it provides a thorough introduction to the theory and practice of corporate and partnership law.

Features of the third edition:

• Revised to reflect recent major amendments to the Ontario Business Corporations Act (2007), the Alberta Business Corporations Act (2005) and the new British Columbia Business Corporations Act (2004);
• Expanded discussion of the revised rules for limited liability partnerships and professional corporations in each province;
• Discussion of more than 100 new cases including the Supreme Court of Canada’s decisions in Strother, Levis, Danier Leather, Peoples and BCE;
• Analysis of the 2004 amendments to the Criminal Code expanding the bases upon which corporations and other forms of business organizations may be held criminally responsible;
• Revised and expanded discussion of the duties of directors and officers in light of Supreme Court of Canada decisions in BCE and Peoples;
• Discussion of new securities rules for corporate governance;
• New chapter on corporate governance in theory and practice; and
• Updated and revised chapter on corporate social responsibility.

Summary Table of Contents

Foreword to the First Edition by Ronald J. Daniels
Acknowledgments
List of Statutes, Regulations, and Abbreviations

CHAPTER 1: Introduction
CHAPTER 2: Partnerships
CHAPTER 3: Introduction to Corporate Law
CHAPTER 4: Incorporation: Considerations and Process
CHAPTER 5: The Corporation in Action
CHAPTER 6: Shares
CHAPTER 7: Management and Control of the Corporation: The Basic Legal Framework
CHAPTER 8: Corporate Changes and Reorganizations       

CHAPTER 9: Duties and Liabilities of Directors and Officers
CHAPTER 10: Shareholder Remedies
CHAPTER 11: The Public Corporation and Securities Law

CHAPTER 12: Corporate Governance in Theory and Practice
CHAPTER 13: Corporate Social Responsibility

Glossary
Table of Cases
Index

The Conduct of Public Inquiries: Law, Policy and Practice 23 Sep 2009, 1:00 am

Public inquiries have played a prominent role throughout Canadian history. Commissions of inquiry have contributed to the development of diverse public policies such as public broadcasting, universal health care, bilingualism and multi-culturalism, free trade, and employment equity. But it is in extraordinary circumstances that their unique investigative features are required: the conviction and imprisonment of innocent people; mining disasters; the murder of hundreds of Canadians through the bombing of an international flight; corruption on the part of government officials; or impropriety on the part of a former prime minister.

This book is the first comprehensive, integrated, and thorough exposition of the public inquiry as a governmental, legal and social institution. It examines the legal framework, the role of the commissioner and legal counsel, the rights and obligations of individuals who may be affected and its relationship to government, the media and the public. It analyzes the entire process from its inception through every stage to and after the final report.

Guidance and advice are provided at every step with graphic illustrations from past inquiries, such as the conduct of commissioners, ranging from exemplary to egotistical and arrogant. Difficult problems are analyzed such as the conflicting role of commission counsel, who must appear to be impartial but may have to engage in aggressive cross-examination. Practical solutions to such problems are also proposed.

Summary Table of Contents

Foreword  

Preface 

Table of Authorizing Statutes 

Table of Past Commissions of Inquiry 

chapter 1: Introduction 

chapter 2: Nature and Purpose of Commissions of Inquiry  

chapter 3: Some Canadian Commissions of Inquiry 

chapter 4: Establishing a Commission of Inquiry 

chapter 5: Role of the Commissioner 

chapter 6: Role of Counsel 

chapter 7: The Legal Framework 

chapter 8: The Conduct of Hearings 

chapter 9: Final Report 

chapter 10: Policy/Advisory Commissions 

Table of Cases 

Index 

Youth Criminal Justice Law, 2d ed. 22 Sep 2009, 1:00 am

The way in which the justice system responds to young persons who violate the criminal law is profoundly significant, not only for those who are directly involved in the process but also for society as a whole. A society’s response to young offenders conveys important messages about its attitudes to youth and has significant implications for its future.

While the primary focus of this book is on the legal issues that arise in the youth justice system, the book is premised on the belief that youth justice issues must be understood in a broader context. This book includes some discussion of constitutional, evidentiary, and procedural issues that are relevant to youth justice; it also explores some of the ethical and practical issues that confront lawyers and other professionals working in the youth justice system. The book considers the broader social and political context for issues of adolescent offending and youth justice.

This is the second edition of Youth Criminal Justice Law. The first edition was written by Nicholas Bala before the YCJA came into force, but it has been frequently cited by the courts in interpreting the Act. That earlier work has been substantially revised, with the present edition discussing caselaw interpreting the Act, recent social science literature, and political developments since the YCJA came into force; however, some parts of the earlier text have been incorporated into this edition.

This book will be of interest to students in law schools, criminology programs, and other related disciplines, as well as lawyers, judges, teachers, probation officers, social workers, mental health professionals, and other justice system professionals. The book is intended to give an introduction to the laws governing young people who come into conflict with the law. It has a particular focus on Canada’s Youth Criminal Justice Act, which came into force in April of 2003.

Summary Table of Contents

CHAPTER 1 Responding to Youth Crime in Canada
CHAPTER 2 Principles for Responding to Young Offenders
CHAPTER 3 Jurisdiction of the Youth Justice Court
CHAPTER 4 Arrest, Search, and Questioning by Police, and Pretrial Detention
CHAPTER 5 Diversion, Extrajudicial Measures, and Conferences
CHAPTER 6 Lawyers in the Youth Justice Process
CHAPTER 7 The Youth Justice Court Process
CHAPTER 8 Sentencing Under the Youth Criminal Justice Act
CHAPTER 9 Adult Sentencing for Youths
CHAPTER 10 Canadian Youth Crime in Context

The Law School Book: Succeeding at Law School, 3d ed. 30 Jul 2009, 1:00 am

This new edition of The Law School Book is essential reading for anyone beginning the study of law or for those considering application to law school. Professor Hutchinson explores both the theoretical foundations of the Canadian legal system and the practical demands on law students today with humour and perceptiveness. His aim is to "provide the reader with insights and tips on how to cope with the routines of law school life and succeed in becoming a good law student and an even better lawyer." As a basic orientation to the law the book is accessible, though-provoking and, at times, controversial. The Law School Book should be the first on the shelf of any aspiring lawyer. 

Summary Table of Contents

Preface
CHAPTER 1: So, You Want to Go to Law School? The Inside Story
CHAPTER 2: Let's Get Jurisprudential: The Study of Law
CHAPTER 3: This Crazy Little Thing Called "Law": Legal Materials and Institutions
CHAPTER 4: Get a Real Life: Living Through Law School
CHAPTER 5: Making Moves: Legal Reasoning
CHAPTER 6: The Write Stuff: Putting on the Style
CHAPTER 7: Making Friends: The Basics of Legal Research
CHAPTER 8: Stand and Deliver: Doing a Moot
CHAPTER 9: In the Belly of the Beast: Writing Exams
CHAPTER 10: Is There Life After Law School? Articling, Lawyering, and Other Possibilities
APPENDIX A: Long Legal Memorandum
APPENDIX B: Short Legal Memorandum
APPENDIX C: Model Factum
APPENDIX D: Model Examination Question

Expert Evidence in Criminal Law: The Scientific Approach, 2d ed. 29 Jul 2009, 1:00 am

Expert Evidence in Criminal Law: The Scientific Approach by Alan D. Gold is the first and only Canadian book on expert evidence entirely from a scientific perspective.

The book is written in plain language, making it easily accessible to lawyers and judges approaching the topic for the first time. At the same time, it contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

Everything from forensic identification evidence, including fingerprints and toolmarks, to psychological and psychiatric evidence, such as post traumatic stress syndrome, are discussed and evaluated according to the rules of science and the deficiencies and weaknesses of the evidence are demonstrated in detail.

The book has been thoroughly updated in this new edition to reflect developments in both the law and science.

Summary Table of Contents

Foreword
Preface to the Second Edition
Preface to the First Edition
CHAPTER 1:    Introduction
CHAPTER 2:    The U.S. Revolution
CHAPTER 3:    The Admissibility of Expert Opinion Evidence
CHAPTER 4:    Science: Some Basic Concepts
CHAPTER 5:    Science and the Forensic Sciences
CHAPTER 6:    Science and Psychiatric and Psychological Evidence
CHAPTER 7:    Science and Syndromes, Profiles, and Indicators
CHAPTER 8:    Science and “Consistent with” Evidence
CHAPTER 9:    Science and Social Science Evidence
CHAPTER 10:   Problematic Procedural Issues
CHAPTER 11:   Proposals for Change
Table of Cases
Index
About the Author

Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 (paperback) 16 Jul 2009, 1:00 am

Winner of the 2009 Canadian Law and Society Association Book Prize

(For hardcover click here)

Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 is an engaging and powerful book about sexual assault crimes in Canadian history by one of Canada’s foremost legal historians. Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move from small towns to large cities, from the Maritimes to the Northwest Territories, from the suffrage era to the period of the women’s liberation movement. Each of these richly-textured vignettes offers insight into the failure of the criminal justice system to protect women from sexual assault, and each is highly readable and provocative. The most moving chapters document the law’s refusal to accommodate a woman who could only give evidence in sign language, and the heartbreak of a child rape trial. Backhouse deals sensitively and deftly with these difficult stories.

This book is the best kind of legal history—a vivid exploration of the past which also gives us the tools to assess the efficacy (or in this case lack of efficacy) of the legal system.

Published for the Osgoode Society for Legal History.

Law Society of Upper Canada Special Lectures 2008, Personal Injury Law 25 May 2009, 1:00 am

These are the first Special Lectures devoted to personal injury law in 10 years. The book continues the tradition of excellence, bringing together commanding thinkers from the litigation bar, the judiciary and the medical profession. It provides in-depth analysis of pivotal developments of the last decade, examines leading cases and explores the dominant themes in personal injury law today. The book discusses catastrophic injuries and the AMA guidelines, demonstrative evidence at trial, mass torts, and other important topics.

Program Chairs:
Jack Fireman, Q.C., LL.M., C.S., Fireman Wolfe LLP
Barbara L. Legate, C.S., Legate & Associates Personal Injury Lawyers

Table of Contents
Preface

Desbiens and Everything After
Neil P. Wheeler

Catastrophic Injuries and Understanding the AMA Guides
Cameron C.R. Godden

Fifteen Years of Accident Benefits: The Tort Accident Benefit Interface—Collateral Benefits
Stephen E. Firestone

Accident Benefit Issues Hot off the Press
Philippa G. Samworth

Mild-to-Moderate Traumatic Brain Injury: The Facts
Anthony Feinstein

Punitive and Aggravated Damages in Personal Injury Awards: Who Pays, How Much, and under What Circumstances
Alf Kwinter

The Challenges of Representing Children
Greg P. Kelly, Q.C.
The Role of the Children’s Lawyer in Judicial Approval of Minor Settlements
Clare E. Burns, Linda Waxman, and Stephanie Giannandrea

The Admissibility of Demonstrative Evidence in Jury Trials: Applying the Principled Approach to the Law of Evidence
Barbara L. Legate

Customized Demonstrative Evidence for Personal Injury Litigation: Medical Illustrations, Animations, and Interactive Media
Stephen R. Mader

“Use or Operation” of an Automobile: A Case by Case Approach
John A. McLeish and Meighan Ferris-Miles

Factual Causation in Tort after Resurfice: What’s Behind the Curtain
David Cheifetz

Jury Openings: Understanding the Rules
Joseph Y. Obagi

Proving Pain
Dr. David Berbrayer

Tales from Teno: The Trial and the Appeals
Martin Wunder

Accident Benefits: Lessons from the Past with the Hope for a Better Insurance Product in the Future
Jennifer Griffiths, Eric K. Grossman, and Christine McKenna

The Future of Personal Injury Litigation in Ontario: Where Have We Been? Where Are We Now? Where Are We Going?
Roger G. Oatley

Writing Strategically and Persuasively for the Personal Injury Plaintiff
Eugene Meehan

Recovery of Individual and Aggregate Damages in Class Actions
Harvey T. Strosberg, Q.C., L.L.D., D.C.L., William V. Sasso, and Jacqueline A. Horvat

Mediation: Where Have All the Settlements Gone?
David B. Williams

Mediation Advocacy: A Mediator’s Perspective
Paul Torrie

Liability of Road Authorities in the Post-Macmillan Era
Jim Virtue

Minimum Maintenance Standards and the Municipal Act, 2001: Lessons Learned from Thornhill (Litigation Guardian of) v. Shadid
C. Kirk Boggs and Meredith E. Jones

The Undervaluation of Non-Pecuniary and Income-based Damage Awards in Sexual Abuse Cases: Do Gender and Aboriginal Factors Play a Role?
Susan M. Vella

The Future of Vicarious Liability
David R. Wingfield

Table of Cases
Index

Essential Sources of Canadian Law / Les références essentielles en droit canadien 15 May 2009, 1:00 am

Following the premise that legal research should begin with secondary sources, John Eaton and Denis Le May have compiled a bibliographic reference to the most authoritative secondary sources in French and English. The book is arranged according to topic, with 105 topics cross-referred between French and English, and includes both civil and common law sources. This unique work will be applicable throughout the entire country — geographically, linguistically, and juridically. Each topic includes a short descriptor, orienting the reader to the nature of the topic and to its jurisdictional fundamentals as it is often important to know which entities are the ultimate creators of the statutes, regulations, and jurisprudence associated with the topic. Each of these topic descriptors is provided in English and in French. This work will be of interest to a wide range of potential users, including Canadian legal researchers, scholars, librarians, and students. It will also serve as a valuable tool for those less familiar with Canadian legal resources and who need assistance in determining where to look for sources on their topic of interest. Self-represented litigants, public libraries, and non-Canadian legal researchers are just a few examples of groups who could put this work to good use.

Competition Policy and Intellectual Property 30 Apr 2009, 1:00 am

Competition Policy and Intellectual Property explores the role of competition policy and intellectual property rights in promoting an efficient and innovative economy. The book contains a collection of papers and commentaries by leading Canadian and international authorities, stemming from a symposium organized by the Competition Bureau in co-operation with the Canadian Intellectual Property Office, and the Micro-economic Policy Analysis and Marketplace Framework Policy branches of Industry Canada. Given recent developments such as the rise of authorized generic pharmaceuticals, and the rapid advancements in communications technology, many concerns have emerged about whether the customary methods of licensing intellectual property rights remain the most efficient mechanisms for disseminating intellectual property and encouraging its creation. The papers and commentaries contained in this book reflect an intensive evaluation of these concerns and endeavour to find the right balance between creating incentives for innovation and the encouragement of vigorous competition in the marketplace.

Summary Table of Contents

Introduction
David Vaver, Marcel Boyer, and Michael Trebilcock

1. EXTENSION OF INTELLECTUAL PROPERTY RIGHTS
Teresa Scassa

COMMENTARY
Ejan Mackaay
Michael Meurer

2. TYING AND INTELLECTUAL PROPERTY
Edward M. Iacobucci and Ralph A. Winter

COMMENTARY
Timothy J. Brennan
Richard Corley and Navin Joneja

3. THE EFFECTS OF AUTHORIZED GENERICS ON CANADIAN DRUG PRICES
Paul Grootendorst

COMMENTARY
Aidan Hollis

4. COMPULSORY LICENSING
Abraham Hollander

COMMENTARY
Donald McFetridge
E. Richard Gold

5. AN EVALUATION OF COLLECTIVE COPYRIGHT MANAGEMENT IN CANADA
Jacques Robert

COMMENTARY
Paul Audley
Ariel Katz

The Promise and Perils of Law: Lawyers in Canadian History 31 Mar 2009, 1:00 am

The papers that make up this volume were produced on the occasion of the 175th anniversary of the opening of Osgoode Hall, one of Toronto’s landmark buildings. This event presented a unique opportunity for reflection on the legal profession and its role in Canadian history. The “legal profession” is simultaneously a trade organization, a corporate ideology, an important cultural actor, and an aggregation of individuals known both for their zealous pursuit of their clients’ interests and for their assertive individualism. This book offers essays that seek to add to the understanding of Canada’s legal profession and to provide a background to inform conversation concerning its past, present, and future.

Summary Table of Contents

Acknowledgments

1. Introduction
W. Wesley Pue

2. An Introduction to Osgoode Hall on the Occasion of its 175th Anniversary: More than Bricks and Mortar
Deidré Rowe-Brown

Historical Perspectives on Legal Education

3. “Slamming the Door on Brains”: Narrowing Opportunity at Two Canadian Law Schools, 1880s–1920s
David G. Bell

4. “Good government, without him, is well-nigh impossible”: Training Future (Male) Lawyers for Politics in Ontario, Quebec, and Nova Scotia, 1920–1960
Mélanie Brunet

Historical Reflections on the Practice of Law

5. Dealing with Adversity: The Halifax Bar, 1900–1950
Philip Girard and Jeffrey Haycock

6. Megafirm History: Past and Present of the Large Law Firm in Canada
Christopher Moore

Quebec: A Distinct Legal History

7. Civil Law, Legal Practitioners, and Everyday Justice in the Decades Following the Quebec Act
Jean-Philippe Garneau

8. The Legal Profession and Penal Justice in Quebec City, 1856–1965: From Modernity to Anti-Modernity
Donald Fyson

The Rule of Law, Impeachment, and Bureaucratic Regulation

9. The Court and the Legal Profession: Loyalist Lawyers and the Nova Scotia Supreme Court, 1785–1790
Jim Phillips

10. “Guardians of Liberty”: R.M.W. Chitty, Lawyers, and the Second World War
Eric M. Adams

Race Issues: Diversifying the Bar and its Legal Strategies

11. Reconstructing the Lives and Careers of Lawyers: Ethelbert Lionel Cross, Toronto’s First Black Lawyer
Susan Lewthwaite

12. “We Are Not O’Meara’s Children”: Law, Lawyers, and the First Campaign for Aboriginal Title in British Columbia, 1908–1928
Hamar Foster

Gender Issues: The Impact of Women on the Profession

13. “In the rough of things”: Women Lawyers in British Columbia, 1912–1930
Dorothy E. Chunn and Joan Brockman

14. “A Revolution in Numbers”: The Formative Years for Ontario Feminist Lawyers, 1970–1990
Constance Backhouse

The British Manual of International Air Carriage 30 Mar 2009, 1:00 am

The British Manual of International Air Carriage is a practical guide to the law of international air carriage, particularly as it applies in the United Kingdom under the Carriage by Air Act 1961, Regulations of European Parliament and of the Council, and British and international judicial authorities. It provides a clear guide to the choice of law and jurisdiction in any specific carriage and explains the legal provisions and principles applicable to a contract of air carriage in given circumstances. The book draws together the numerous and disparate provisions of the treaties governing air carriage into a coherent, organized, and easily accessible framework for the analysis of legal claims and the conduct of international air carriage litigation in the UK.

Specialists in aviation law will find this a useful book for easy reference. The book will also serve as a practical guide to practitioners without extensive experience in this field when they are advising clients and handling litigation. Finally, jurists, arbitrators, mediators, and members of the aviation and insurance communities will find it helpful when dealing with claims and losses arising from international air carriage.

Table of Contents
Chapter 1: Introduction
Chapter 2: Scope of Application of Montreal and Warsaw Conventions
Chapter 3: Passenger Liability under the Montreal Convention
Chapter 4: Passenger Liability under the Warsaw Convention
Chapter 5: Cargo Liability
Chapter 6: Liability of Successive Carriers
Chapter 7: Carriage by Contracting/Actual Carriers
Chapter 8: Liability of Servants or Agents of Carrier
Chapter 9: Actions Commenced under the Conventions
Chapter 10: Passenger Rights
Appendix A: Montreal Convention 1999
Appendix B: Warsaw Convention 1929
Appendix C: Hague Protocol 1955
Appendix D: Guadalajara Supplementary Convention 1961
Appendix E: Montreal Protocol No. 4 1975
Appendix F: Unified Text of Warsaw Convention, as amended by the Hague Protocol and Montreal Protocol No. 4
Appendix G: Carriage by Air Act 1961
Appendix H: Regulation (EC) 889/2002
Appendix I: Regulation (EC) 261/2004
Appendix J: States Parties to the Conventions
Appendix K: Agreement on Measures to Implement the IATA Intercarrier Agreement 1996 and List of Signatory Carriers
Appendix L: Quick Guide to the Conventions
Table of Cases
Index

The US Manual of International Air Carriage 3 Mar 2009, 1:00 am

The US Manual of International Air Carriage is a practical guide to the law of international air transportation, particularly as it applies in the United States under the terms of the Montreal and Warsaw Conventions, as well as US and international judicial authorities. It provides a clear guide to the choice of law and jurisdiction in any specific transportation and explains the legal provisions and principles applicable to a contract of air transportation in given circumstances. The book draws together the numerous and disparate provisions of the treaties governing air transportation into a coherent, organized, and easily accessible framework for the analysis of legal claims and the conduct of international air carriage litigation in the US.

Specialists in aviation law will find this a useful book for easy reference. The book will also serve as a practical guide to practitioners without extensive experience in this field when they are advising clients and handling litigation. Finally, jurists, arbitrators, mediators, and members of the aviation and insurance communities will find it helpful when dealing with claims and losses arising from international air transportation.

Table of Contents
Preface
Chapter 1: Introduction
Chapter 2: Scope of Application of Montreal and Warsaw Conventions
Chapter 3: Passenger Liability under the Montreal Convention
Chapter 4: Passenger Liability under the Warsaw Convention
Chapter 5: Cargo Liability
Chapter 6: Liability of Successive Carriers
Chapter 7: Carriage by Contracting/Actual Carriers
Chapter 8: Liability of Servants or Agents of Carrier
Chapter 9: Actions Commenced under the Conventions
Appendix A: Warsaw Convention 1929
Appendix B: Hague Protocol 1955
Appendix C: Montreal Protocol No. 4 1975
Appendix D: Montreal Convention 1999
Appendix E: States Parties to the Conventions
Appendix F: Unified Text of Warsaw Convention, as amended by Hague Protocol and Montreal Protocol No. 4
Appendix G: Agreement on Measures to Implement the IATA Intercarrier Agreement 1996 and List of Signatory Carriers
Appendix H: Quick Guide to the Conventions
Table of Cases
Index

Bankruptcy and Insolvency Law 9 Jan 2009, 1:00 am

Insolvency law cuts across almost every field of private law. The rights that are created in other fields of law can no longer be vindicated in the usual forum through the ordinary civil process once insolvency proceedings are commenced. Instead, the rights are enforced through the insolvency proceedings, and in some cases the nature and characteristics of the rights are significantly transformed. The impact of insolvency law on social and economic conditions both within Canada and worldwide is equally breathtaking. The fate of the Canadian blood supply system, the future of our national airlines, the recovery afforded to victims of institutional abuse, and the survival of entire communities have all hung in the balance.

Bankruptcy and Insolvency Law is the most up-to-date treatise on the subject currently available in Canada. The book is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. By focusing on the underlying principles of insolvency law the reader can see how these principles work in a variety of different situations and contexts. This, in turn, affords a deeper understanding of their nature and operation. It provides a careful and concise review of case law along with authoritative commentary on the issues facing those practising and adjudicating in the field. The book will appeal to judges and seasoned practitioners as well as to lawyers, other professionals, and students new to the field.

Summary Table of Contents

Chapter 1: An Introduction to Insolvency Law

Part One: Bankruptcy Law
Chapter 2: The Foundations of Bankruptcy Law
Chapter 3: Commencement Of Bankruptcy
Chapter 4: Property of the Bankrupt
Chapter 5: Proprietary Claims of Third Parties
Chapter 6: Preserving the Bankrupt Estate
Chapter 7: Enhancing the Bankrupt Estate
Chapter 8: Administering the Bankrupt Estate
Chapter 9: The Proof, Valuation, and Payment of Claims 241
Chapter 10: Discharge of the Bankrupt

Part Two: Commercial Restructuring Law
Chapter 11: The Foundations of Commercial Restructuring Law
Chapter 12: Commencing Restructuring Proceedings
Chapter 13: Operating the Business
Chapter 14: Governance and Supervision
Chapter 15: Claims and Priorities
Chapter 16: Developing and Approving the Plan

Part Three: Receivership Law
Chapter 17: The Foundations of Receivership Law
Chapter 18: Commencement, Administration, and Supervision of the Receivership
Chapter 19: The Status, Powers, Duties, and Liabilities of the Receiver

Part Four: Other Insolvency Regimes
Chapter 20: Alternatives to Consumer and Farm Bankruptcy
Chapter 21: Specialized Insolvency Regimes
Chapter 22: Cross-Border Insolvencies

Criminal Law, 4th ed. 9 Jan 2009, 1:00 am

Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the best-selling and most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's clear and concise account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. Irwin Law is pleased to announce publication of a thoroughly updated and expanded fourth edition of this most important book. The fourth edition includes a new chapter on specific offences including homicide, sexual, and terrorism offences. It includes discussion of the first two convictions under the Anti-Terrorism Act as well as recent Supreme Court of Canada judgments on criminal negligence.

Summary Table of Contents

Foreword
Preface
Chapter 1: Overview
Chapter 2: the Criminal Law and the Constitution
Chapter 3: The Prohibited Act, or Actus Reus
Chapter 4: Unfulfilled Crimes and Participation in Crimes
Chapter 5: The Fault Element, or Mens Rea
Chapter 6: Regulatory Offences and Corporate Crime
Chapter 7: Intoxication
Chapter 8: Mental Disorder and Automatism
Chapter 9: Self-Defence, Necessity, and Duress
Chapter 10: The Special Part of Selected Offences: Homicide, Sexual, Theft, and Terrorism Offences
Chapter 11: Sentencing
Chapter 12: Conclusion
GLossary
Table of Cases
Index

Environmental Law, 3d ed. 20 Nov 2008, 1:00 am

Of serious and persistent concern to most Canadians, environmental protection is governed by a complex and controversial legal regime that is affected by constitutional division of jurisdiction, corporate and taxation laws, international trade law, and traditional private law doctrines such as torts and contract law. Statutes and regulations that are specifically designed to protect the environment, and the institutional frameworks within which they operate, are often the subject of competing political agendas.

This authoritative book has been thoroughly revised and updated to take account of major changes in the field since publication of the second edition in early 2002 and includes a new chapter on the legal and policy responses to climate change. The text describes the evolution and current practice of environmental law and policy in Canada. It will be of interest to concerned individuals, environmental groups, corporate officials, technical and scientific experts, public servants, and legal professionals whose practice is increasingly affected by environmental considerations.

Summary Table of Contents

Foreword
Introduction
CHAPTER 1: Basic Concepts in Environmental Law
CHAPTER 2: The Constitutional Allocation of Environmental Responsibilities and Interjurisdictional Coordination
CHAPTER 3: Environmental Rights
CHAPTER 4: The International Context of Canadian Environmental Law
CHAPTER 5: Civil Liability for Environmental Harm
CHAPTER 6: Environmental Regulations and Approvals
CHAPTER 7: Administrative Compliance Mechanisms
CHAPTER 8: Offences, Prosecution, and Penalties
CHAPTER 9: Corporate Environmental Obligations and Directors' and Officer' Liability
CHAPTER 10: Environmental Valuation and Compensation
CHAPTER 11: Remediation and Restoration of Contaminated Lands
CHAPTER 12: Environmental Assessment
CHAPTER 13: Toxic Substances
CHAPTER 14: Endangered Spaces and Species
CHAPTER 15: Environmental Law and the Citizen
CHAPTER 16: Consultation, Alternative Dispute Resolution, and Voluntary Measures
CHAPTER 17: Economic Instruments
CHAPTER 18: Environmental Reporting and Information Sources
CHAPTER 19: Climate Change: Canadian Legal and Policy Responses
Conclusion

Using International Law in Canadian Courts, 2d ed. 3 Oct 2008, 1:00 am

Engagement with international law is notably absent in Canada’s legal past. It is likely, however, to be a momentous part of Canada’s legal future. It is the thesis of this book that a lack of basic international legal understanding on the part of lawyers and judges is no longer permissible in the integrated world in which we live, and that we must educate ourselves better if we are to manage that integration process in the interests of Canadian society. Accordingly, Using International Law in Canadian Courts sets out to provide Canadian practitioners and legal academics with a straightforward guide to using public international law in Canadian courts and tribunals.

Summary Table of Contents

CHAPTER 1 Introduction
CHAPTER 2 Definitions, sources, and forums
CHAPTER 3 Evidence and procedure
CHAPTER 4 Reception and the unwritten constitution
CHAPTER 5 The presumption of conformity with international law
CHAPTER 6 The incorporation of custom
CHAPTER 7 Treaties
CHAPTER 8 Reception of other sources of international law
CHAPTER 9 International law and administrative decisions
CHAPTER 10 International law and aboriginal peoples
CHAPTER 11 International human rights law

Canadian Family Law, 3d ed. 1 Oct 2008, 1:00 am

Canadian Family Law provides expert insight into a wide variety of legal issues that confront Canadian families today.

This book has been thoroughly revised and updated to take account of legislative and judicial changes since publication of the second edition in January 2006. Fundamental revisions to the chapter 8 on Spousal Support have been necessitated by the Spousal Support Advisory Guidelines and the diverse judicial responses that they have evoked. The judgment of the Supreme Court of Canada in Leskun v. Leskun has resulted in significant revisions of those sections dealing with the economic impact of spousal misconduct on spousal support, the inclusion of the obligor’s capital in determining the ability to pay spousal support , and limitations on the use of review orders. Significant changes to chapter 9 on Child Support have been necessitated by amendments to the Federal Child Support Guidelines that were implemented in May 2006. Equally important, the judgment of the Supreme Court of Canada in D.B.S. v. S.R.G; T.A.R. v. L.J.W.; Henry v. Henry; Hiemstra v. Hiemstra has resulted in new law on retroactive child support.

The book will be of particular interest to judges, legal practitioners, mediators, arbitrators and other professionals who require an understanding of the law related to families. It also provides a unique source of information for law students and their professors.

Summary Table of Contents
Preface
Acknowledgments
CHAPTER 1: Family Structures and Canadian Family Law
CHAPTER 2: Marriage
CHAPTER 3: Cohabitational Relationships
CHAPTER 4: Domestic Contracts
CHAPTER 5: Family Violence
CHAPTER 6: The Crises of Marriage Breakdown and Processes for Dealing with Them
CHAPTER 7: Divorce: Jurisdiction; Foreign Divorces; Ground; Bars
CHAPTER 8: Spousal Support on or after Divorce
CHAPTER 9: Child Support on or after Divorce
CHAPTER 10: Parenting Arrangements after Divorce
CHAPTER 11: Remedies Available under Provincial and Territorial Legislation
CHAPTER 12: Matrimonial Property Rights

Selected Bibliography
APPENDIX 1: Divorce Act
APPENDIX 2: Federal Child Support Guidelines
APPENDIX 3: Ontario Family Law Act
APPENDIX 4: Ontario Children’s Law Reform Act
Table of Cases
Index

Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 19 Sep 2008, 1:00 am

Winner of the 2009 Canadian Law and Society Association Book Prize

(For paperback click here)

Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 is an engaging and powerful book about sexual assault crimes in Canadian history by one of Canada’s foremost legal historians. Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move from small towns to large cities, from the Maritimes to the Northwest Territories, from the suffrage era to the period of the women’s liberation movement. Each of these richly-textured vignettes offers insight into the failure of the criminal justice system to protect women from sexual assault, and each is highly readable and provocative. The most moving chapters document the law’s refusal to accommodate a woman who could only give evidence in sign language, and the heartbreak of a child rape trial. Backhouse deals sensitively and deftly with these difficult stories.

This book is the best kind of legal history—a vivid exploration of the past which also gives us the tools to assess the efficacy (or in this case lack of efficacy) of the legal system.

Published for the Osgoode Society for Legal History.

Métis-Crown Relations: Rights, Identity, Jurisdiction, and Governance 15 Sep 2008, 1:00 am

Frederica Wilson & Melanie Mallet, editors

This book examines the evolving relationship between the Crown (ie. federal and provincial governments) and Canada’s Métis people. It is comprised of papers presented to a national symposium jointly sponsored by the former Law Commission of Canada and the Métis National Council in Winnipeg in February 2006. Contributors include leading academics, lawyers, government officials and Métis leaders. The book analyzes the impact of s.35 of the Constitution Act which defines the Métis as an aboriginal people and the aboriginal rights which are guaranteed by the Constitution. Further it examines the recent jurisprudence, particularly R. v. Powley, which has helped to clarify both the meaning and substance of Métis aboriginal rights, and the limits of federal and provincial jurisdiction. Finally the book looks at models of self-governance for Métis communities. Contents

FOREWORD by Clem Chartier

INTRODUCTION: Rights, Identity, Jurisdiction, and Governance: Current Issues in Métis–Government Relations

CHAPTER 1: Ethnohistory and the Development of Native Law in Canada: Advancing Aboriginal Rights or Re-inscribing Colonialism?
Arthur J. Ray

CHAPTER 2: Defining the Métis of Canada: A Principled Approach to Crown–Aboriginal Relations
Paul L. A. H. Chartrand

CHAPTER 3: Federal and Provincial Crown Obligations to the Métis
Jean Teillet

CHAPTER 4: Beyond Space and Time — A Purposive Examination of Section 91(24) of the Constitution Act, 1867
Charlotte A. Bell

CHAPTER 5: Are the Métis in Section 91(24) of the Constitution Act, 1867? An Issue Caught in a Time-Warp
Bradford W. Morse

CHAPTER 6: Reconciling Differences between the Métis Nation and the Crown: An Agenda for Law Reform
Mark L’Hirondelle Stevenson

CHAPTER 7: “Neither Fish nor Indians”: Pursuing Crown–Métis Relations through Historical Evidence Concerning Policies and the Constitution Act, 1930
Frank J. Tough

CHAPTER 8: Métis Interjurisdictional Immunity: A Third Way to Protect Métis Constitutional Rights?
Dale Gibson

CHAPTER 9: Fiddling with Head 91(24): Métis Interjurisdictional Immunity
Albert C. Peeling

CHAPTER 10: Interjurisdictional Immunity and Métis Aboriginal Rights: A Provincial Perspective
P. Mitch McAdam

CHAPTER 11: The Métis and the Doctrine of Interjurisdictional Immunity: A Commentary
Kent McNeil

CHAPTER 12: The Métis Nation’s Self-Government Agenda: Issues and Options for the Future
Jason Madden

CHAPTER 13: Métis Self-Government: Reflections on the Way Forward
Fred Caron

CHAPTER 14: The Aboriginal Justice Inquiry – Child Welfare Initiative: Creating the Métis Child and Family Services Authority
Harvey Bostrom, Alison Rogan, and Richard Asselin

CHAPTER 15: Government on the Métis Settlements: Foundations and Future Directions
Catherine Bell and Harold Robinson

Individual Employment Law, 2d ed. 12 Sep 2008, 1:00 am

Individual Employment Law has been significantly revised and updated to include legislative and caselaw developments from 2000 to 2008. It gives an overview of employment contracts and employment relationships as they are dealt with both by common law and statute, including human rights issues, occupational health and safety, and industrial standards legislation. The book treats obligations of both employers and employees, the enforcement of employment rights in multiple forums, and contains an in-depth examination of termination of employment.

Summary Table of Contents

PREFACE
Chapter 1: Introduction
Chapter 2: Identifying a Contract of Employment: Who Is an “Employee” and Who Is the “Employer”?
Chapter 3: Creation and Modification of the Employment Relationship
Chapter 4: The Common Law Obligations of the Employee under the Contract of Employment
Chapter 5: The Common Law Obligations of the Employer Under the Contract of Employment
Chapter 6: The Employer’s Statutory Obligations to Its Employees
Chapter 7: Human Rights Legislation in the Workplace
Chapter 8: Multiple Forums and the Enforcement of Employment Rights
Chapter 9: Termination of Employment
Chapter 10: Conclusion
TABLE OF CASES
INDEX

The Law of Evidence, 5th ed. 28 Aug 2008, 1:00 am

Paciocco and Stuesser’s Law of Evidence, now in its 5th edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new fifth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. It also chronicles significant changes in the law of self-incrimination and hearsay, as well as providing a concise and organized guide for dealing with section 24(2) exclusionary applications in the Grant era.

Update available click here

Summary Table of Contents

Foreword
Preface

CHAPTER 1: Introduction
CHAPTER 2: Relevance and Materiality: The Basic Rule of Admissibility
CHAPTER 3: Character Evidence: Primary Materiality
CHAPTER 4: Hearsay
CHAPTER 5: Hearsay Exceptions
CHAPTER 6: Opinion Evidence
CHAPTER 7: Privilege
CHAPTER 8: Self-Incrimination
CHAPTER 9: Improperly Obtained Evidence
CHAPTER 10: Methods of Presenting Evidence
CHAPTER 11: Secondary Materiality and Your Own Witness
CHAPTER 12: Rules Relating to the Use of Admissible Evidence
CHAPTER 13: Conclusions

Table of Canadian Evidence Acts
Table of Cases
Index
About the Authors

Criminal Procedure 28 Aug 2008, 1:00 am

Criminal Procedure by Stephen Coughlan sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as the rules by which police powers are exercised, the right to counsel, search warrants, interim release, and procuring attendance of witnesses.

Summary Table of Contents

Foreword
Acknowledgments

CHAPTER 1: Introduction
CHAPTER 2: Sources of Criminal Procedure
CHAPTER 3: Elements of Criminal Procedure
CHAPTER 4: Search and Seizure
CHAPTER 5: Other Investigative Powers
CHAPTER 6: Compelling Appearance and Judicial Interim Release
CHAPTER 7: Arrest
CHAPTER 8: Disclosure
CHAPTER 9: Preliminary Inquiry
CHAPTER 10: Preliminary Matters and Remedies
CHAPTER 11: The Trial Process
CHAPTER 12: Appeals

Glossary
Table of Cases
Index
About the Author

The Human Rights of Anti-Terrorism 18 Aug 2008, 1:00 am

The Human Rights of Anti-terrorism contains timely explorations of some of the most important issues facing the international community today. The book is a collection of papers by internationally- recognized scholars and thinkers from across Canada and around the world to a June 2006 colloquium on Human Rights and Anti-terrorism held in Ottawa. The colloquium grappled with the interrelationship between anti-terrorism, human rights, and international humanitarian law. The Ottawa Principles on Anti-Terrorism and Human Rights, which grew out of deliberations at the colloquium, are included here along with ten chapters which not only supplement and explain the foundations of the Ottawa Principles, but also provide readers with substantive critiques of topics related to human rights and anti-terrorism more generally.

Contents

Foreword

Preface

1 Introduction
Nicole LaViolette & Craig Forcese

2 Ottawa Principles on Anti-terrorism and Human Rights/ Les Principes d’Ottawa relatifs à la lutte au terrorisme et aux droits de l’homme

3 Defining Terrorism: The Need for a Restrained Definition
Kent Roach

4 Defining Terrorism: Why and How
C.H. Powell

5 De-militarizing Counterterrorism: Anti-Terrorism, Human Rights, and the Use of Force
Craig Forcese

6 Guarding Individual Rights in Cases Involving National Security
Lorne Waldman

7 Consular and Diplomatic Protection in an Age of Terrorism: Filling the Gaps
Gar Pardy

8 Principled Secrets in an Age of Terror: International Obligations and the Canadian Experience with the Principle of Presumed
Access
David M. Paciocco

9 Casting a Light into the Shadows: Why Security Intelligence Requires Democratic Control, Oversight, and Review
Andrea Wright

10 Beyond the Ottawa Principles: Social and Institutional Strategies and Counter-Terrorism
Victor V. Ramraj

11 Development Policy—The New Anti-Terrorism Policy?
Graham Mayeda

12 Civil Remedies for Terrorism and State Immunity
François Larocque

About the Editors and Authors

List of Participants, The Human Rights of Anti-terrorism: A Colloquium, Ottawa, 14–16 June 2006

Index

Public International Law, 2d ed. 21 May 2008, 1:00 am

In the wake of the calamitous events of September 11, 2001, public international law has endured some of the greatest tests of its several-hundred-year history and emerged as one of the most resilient and potent tools available to human society in facing the unsettling global conditions of the early 21st century. As a result, since the appearance of the first edition of this book in 2001, public international law –ostensibly a system of law regulating the relations between states – has continued to evolve and grow in significance for daily life within states. Yet, while the idea of public international law has impinged upon the public consciousness in new and urgent ways in the past few years, it remains poorly understood by many.

As with the first edition of this book, therefore, the second edition of Public International Law provides a systematic introduction to the international legal system, including its key structural and institutional aspects as well as its core substantive topics. Analysis of all topics has been extensively revised and expanded since the first edition in order to reflect the many legal changes that have occurred since 2001. Several new discussions have also been introduced, considerably expanding the substantive coverage of the text. In particular, given the centrality of the topic to the functioning of the modern international legal system, an entirely new chapter on the use of force in international relations has been added.

While the treatment is intended to introduce lawyers, judges and law students to the topic for the first time, detailed case analyses and bibliographical references will also make this book of interest to those already familiar with the field. A glossary, detailed index and table of cases will further increase the book’s value as a reference tool and assist with navigation through the text.

Summary Table of Contents

Preface to the Second Edition
Preface to the First edition
Chapter 1: Introduction: Nature and Origins of Public International Law
Chapter 2: International Legal Personality: The Subjects of International Law
Chapter 3: Sources of International Law
Chapter 4: The Law of Treaties
Chapter 5: Customary International Law
Chapter 6: Reception of International Law in Domestic Law
Chapter 7: States and Territory
Chapter 8: State Jurisdiction
Chapter 9: Jurisdictional Immunities
Chapter 10: International Protection of Human Rights
Chapter 11: The Use of Force in International Relations
Chapter 12: State Responsibility
Glossary
Table of Cases
Index
About the Author

Taxation and Valuation of Technology 25 Mar 2008, 1:00 am

Taxation and Valuation of Technology: Theory, Practice, and the Law, edited by James L. Horvath and David W. Chodikoff, is a comprehensive and authoritative examination of practical, technical, and legal aspects of business valuation and taxation in the dynamic technology sector. The book features contributions by distinguished judges, leading academics, and international experts in business valuation and tax law.

Contents

Foreword

Hon. Morris J. Fish, Supreme Court of Canada

Preface

Introduction

Part One: Taxation

1. The Judicial Determination of Fair Market Value

Hon. Karen R. Sharlow

2. What to Expect from the Tax Court in a Lengthy Trial

Hon. Campbell Miller

3. Effective Conduct of Commercial Litigation: A Judge’s Perspective

Hon. Ian H. Pitfield

4. Tax Shelters, Technology, and the Future?_ The Demise of the Software Tax Shelter and Lessons to be Learned for the Investor

David W. Chodikoff & Natalia E. Bitton

5. It’s the Destination, Not the Journey: The Significance of the Tax Assessment Process in Tax Appeals

Harry Erlichman & Elizabeth Chasson

6. Permanent Establishment and the Challenges of ElectronicCommerce

David E. Spiro & Kate Lazier

7. Bet on It: The Taxation of Online Gaming

Benjamin Alarie & Alex Igelman

8. Tax Treaty Treatment of Royalty Payments from Low-Income Countries: A Comparison of Canada and Australia’s Policies

Kim Brooks

9. Tax Discrimination and the Trade in Services between Canada and the United States: Deciphering the Landscape

Catherine Brown & Christine Manolakas

10. R&D Credits: Reducing the Cost of Innovation

Ken Murray & Natan Aronshtam

11. Interpretative Issues Regarding SR&ED Tax Credits: An Overview of Recent SR&ED Tax Cases and Related Implications for Claimants

David Sabina

12. Inbound Transfers of Technology

Brian D. Segal

13. Alternate Models for Acquiring Technology Products and Services

J. Fraser Mann

14. “Old Wine in New Wineskins”?_ Indirect Tax Challenges for International Transfers of Intangible Property 341

Jim Vincze & M. Craig Robertson

15. Transfer Pricing the Technology

Muris Dujsic & Tony Anderson

16. The Evolution of the Use of Cost Sharing Arrangements in International Income Tax Planning and New Indications for Valuing Intellectual Property

Keith Reams, Alan Shapiro, Laura Clauser, Jon Hakken, Ahmad Keshk, & Mark Klitgaard

17. The U.S. International Taxation of the Transfer of Technology by American Enterprises: A Primer for the CFO, Tax Director, and Foreign Tax Advisor

David S. Kerzner

18. Going Global: Some Foreign Tax Fundamentals for the

Expanding Technology Enterprise

Christopher Grasset

Part Two: Valuation

19. Valuation Methodologies: The Current Art and Science

James L. Horvath & Tim Dunham

20. The Invisible Path: Valuing Technology

James L. Horvath & Richard Ellsworth

21. Valuation of Biotechnology Companies and their Assets

Jeremy Webster & Bill Stamatis

22. Transfer and Valuation of Biomedical Intellectual Property

Cristina Thalhammer-Reyero

23. Protected Assets: Valuing Patents

James L. Horvath & Steven Hacker

24. Discounts and Premiums: Artistic Licence and Science

James L. Horvath & Tim Dunham

25. Valuing Businesses in the Ever-changing Global Marketplace

James L. Horvath

26. Tips from the Field

James L. Horvath & Tim Dunham

27. Technology Valuations and the Canada Revenue Agency

Dennis Turnbull

28. The Investor’s Approach to Valuation of Early-Stage Technology Companies

John Hague & Roger Wilson

29. Tips from the Top

30. Intellectual Property and Damage Quantification

Jeffrey Harder, Joelle Gott, J. Kevin Wright, & Paul R. Albi

31. Growth by Design: How Good Design Drives Value

Maneesh Mehta

32. Technology Transfer: An Overview with a Government Research Perspective, or, Sometimes it is a Platypus not a Duck!

Stan Benda

Contributors

Remedies: The Law of Damages, 2d ed. 3 Jan 2008, 1:00 am

The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. Remedies: The Law of Damages is both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law.

Unlike other texts, this book takes a functional and interest-based approach to the subject. The book is organized not so much according to whether the cause of action is in tort or contract, but rather according to the remedial purposes pursued and the interests at stake. Part One of the book deals with compensation, providing separate chapters that focus on the way in which courts treat different interests: economic, proprietary, physical, and intangible. Part Two describes the function of other non-compensatory damages such as restitutionary, punitive, and nominal damages. In both cases the authors explain when a particular remedy is most appropriate and how that remedy is formulated and applied once chosen. Part Three of the book looks at the limiting or balancing principles that protect the defendant from undue liability, including rules regarding proof and certainty, remoteness, mitigation of damages, and judicial oversight of remedy stipulation.

The second edition incorporates many new cases that have affirmed, clarified, or changed the law on damages. Examples include Whiten v. Pilot Insurance and Fidler v. Sun Life Co. of Canada on availability of non-pecuniary damages for breach of contract; Bank of America Canada v. Mutual Trust on restitutionary remedies for breach of contract; Resurfice Corp. v. Hanke on causation; and M.B. v. British Columbia on deductibility of welfare benefits. Developments in English law have also been noted; Cases include Fairchild v. Glenhaven Funeral Services, Barker v. Corus, and Lagden v. O'Connor.

Summary Table of Contents

Acknowledgments
CHAPTER 1: Introduction

PART ONE: COMPENSATORY DAMAGES
CHAPTER 2: Compensation for Harm to Economic Interests
CHAPTER 3: Compensation for Harm to Property Interests
CHAPTER 4: Compensation for Personal Injury
CHAPTER 5: Compensation for Death
CHAPTER 6: Compensation for Harm to Intangible Interests: Non-Pecuniary and Aggravated Damages

PART TWO: NON-COMPENSATORY DAMAGES
CHAPTER 7: Awards Measured by Benefit: Restitution
CHAPTER 8: Punitive Damages
CHAPTER 9: Nominal Damages and Contemptuous Damages

PART THREE: LIMITING PRINCIPLES
CHAPTER 10: Certainty and Causation
CHAPTER 11: Remoteness of Damages
CHAPTER 12: Mitigation, Avoided Loss, and Time of Assessment
CHAPTER 13: Deductions from Damages: Collateral Benefits
CHAPTER 14: Judicial Oversight of Remedy Stipulation

Table of Cases
Index

Law Society of Upper Canada Special Lectures 2007, Employment Law 18 Dec 2007, 1:00 am

This volume represents the first Special Lectures devoted exclusively to employment law since 1976. An accomplished faculty of senior lawyers provides an in-depth analysis of the pivotal developments in employment law in the last 30 years. This collection includes a comprehensive examination of the leading cases and a thorough discussion of the central themes in all areas of employment law. Law Society of Upper Canada Special Lectures 2007 is an up-to-date, exhaustive review of employment law concepts.

Program Chairs:
The Honourable Mr. Justice Randall Scott Echlin, Superior Court of Justice (Ontario)
Chris Paliare, LSM, Paliare Roland Rosenberg Rothstein LLP

Table of Contents

CHAPTER 1: From Master and Servant to Bardal and Beyond: 200 years of Employment Law in Ontario, 1807 to 2007
The Honourable Mr. Justice Randall Scott Echlin (Superior Court of Justice, Ontario)

CHAPTER 2: Employee Status: Independent Contractors and Alternative Work Relationships
Allison Taylor (Stringer Brisbin Humphrey Management Lawyers)

CHAPTER 3: Obligations, Pitfalls, and Contradictions in the Law of Hiring, Negligence, and Performance Reviews
Peter Israel & Carita Pereria (Israel Foulon LLP)

CHAPTER 4: Employment Contracts: Enhancing Enforceability Through Drafting and Implementation
Christine M. Thomlinson (Rubin Thomlinson LLP)

CHAPTER 5: Workplace Harassment Law in Ontario
Soma Ray-Ellis & Matthew A. Biderman (Paterson, MacDougall LLP)

CHAPTER 6: Disability and Work: The Transformation of the Legal Status of Employees with Disabilities in Canada
Professor Michael Lynk (Faculty of Law, University of Western Ontario)

CHAPTER 7: Changing Employers—The Employment Implications of the Sale of a Business—Common Law and Statutory Rights and Obligations
Ian J. Roland & Danny Kastner (Paliare Roland Rosenberg Rothstein LLP)

CHAPTER 8: Employee Protection in Bankruptcy
Connie Reeve (Blake, Cassels & Graydon LLP)

CHAPTER 9: Enforcement Restrictive Covenants
Malcolm J. MacKillop (Hodgson Shields DesBrisay O'Donnell MacKillop Squire LLP)

CHAPTER 10: Directors' Liablity
Robert L. Armstrong (Ogilvy Renault LLP)

CHAPTER 11: The Evolution of Inducement
Brian A. Grosman, Q.C. & R. Mark Fletcher (Grosman, Grosman & Gale LLP)

CHAPTER 12: Just Cause: The Capital Punishment of Employment Law
Matthew L.O. Certosimo (Borden Ladner Gervais LLP)

CHAPTER 13: Ancillary Claims for Damages in Employment Law
Robert L. Colsen & A. Jane Milburn (Teplitsky, Colson LLP)

CHAPTER 14: Anticipatory Breach in the Employment Context
Mary Beth Currie (Bennett Jones LLP)

CHAPTER 15: A Remedy for the Abused Employee: The Evolution of the Law of Contructive Dismissal
Janice Rubin & James Heeney (Rubin Thomlinson LLP)

CHAPTER 16: Privacy in the Workplace
Barry A. Kuretzky & Monty Verlint (Kuretzky Vassos LLP)

CHAPTER 17: Class Actions in Employment Law
Michael D. Wright (Cavalluzzo Hayes Shilton McIntyre & Cornish LLP)

CHAPTER 18: Risk Management, Communication with Clients, and Documentation
Larry A. Banack & Nancy M. Shapiro (Koskie Minsky LLP)

National Security Law: Canadian Practice in International Perspective 30 Nov 2007, 1:00 am

National Security Law is a comprehensive handbook that focuses on the law and legal instruments governing the Canadian state’s response to events that jeopardize its "national security." Specifically, these are events or plausible threats with the potential to inflict massive injury on life and property in Canada—terrorism, natural disasters and epidemic disease, and foreign attacks and domestic insurrections.

National security law is governed by a vast array of federal and provincial statutes. But this text, part of Irwin Law’s Essentials of Canadian Law series, also draws on core international, constitutional, and common law doctrines and the comparative legal experience of other states. In addition to describing in detail the applicable legal principles, the book flags key dilemmas and challenges that run through national security law. It also critically assesses certain issues of contemporary relevance, such as the use of armed force, torture, government secrecy, surveillance, intelligence information sharing, and detention without trial.

National Security Law is divided into three main parts along the following themes:

• national security structure (that is, the special institutional infrastructure—both national and international—set up to deal with national security issues);
• national security objectives (that is, the law related to several specific threats that the state seeks to curb or forestall, including terrorism, weapons proliferation, political emergencies and natural disasters); and
• national security techniques (that is, the law governing such practices as government secrecy, surveillance, intelligence sharing, detention, and interrogation).

The book is up to date through August 2007, but also incorporates key developments that arose during the production process through to October 2007. In addition, author Craig Forcese has created an on-line blog describing and assessing ongoing developments in the area of national security law: www.nationalsecuritylaw.ca.

Detailed Table of Contents (PDF)

Summary Table of Contents

Preface

PART ONE: SETTING THE STAGE
CHAPTER 1: Defining National Security
CHAPTER 2: Dilemmas in National Security

PART TWO: NATIONAL SECURITY STRUCTURE
CHAPTER 3: The Institutional Framework for National Security Law
CHAPTER 4: The Institutional Framework in Times of Emergency

PART THREE: KEY NATIONAL SECURITY OBJECTIVES
CHAPTER 5: Protecting against International Insecurity and Armed Attack
CHAPTER 6: Countering Terrorism at the International Level
CHAPTER 7: Countering Terrorism at the National Level
CHAPTER 8: Limiting Proliferation of Weapons of Mass Destruction
CHAPTER 9: Protecting Public Safety and Health

PART FOUR: NATIONAL SECURITY TOOLS AND TECHNIQUES
CHAPTER 10: Secrecy
CHAPTER 11: Surveillance
CHAPTER 12: Intelligence Sharing
CHAPTER 13: Interception and Interdiction
CHAPTER 14: Detention
CHAPTER 15: Interrogations

In the Public Interest: The Report and Research Papers of the Law Society of Upper Canada's Task Force on the Rule of Law and the Independence of the Bar 25 Oct 2007, 1:00 am

The public has a right to be able to obtain legal assistance from someone who is independent of the state and the citizenry and who can, therefore, put their clients' interests first without fear of constraint or punishment. In other words, the public has a right to an independent Bar which can protect the rights of individuals from being violated by the state or other citizens.

The independence of the Bar, like the independence of the judiciary, is essential to the maintenance of the rule of law and the proper functioning of the administration of justice, as well as being one of the hallmarks of a free and democratic society. However, whereas the independence of the judiciary is expressly guaranteed by the constitution, the independence of the Bar does not enjoy any such straightforward protection. While the need for an independent Bar has never been greater, the fragility of this ideal, particularly when faced with urgent public policy priorities, is apparent. The independence of the Bar is only as strong as the belief on the part of lawyers, the public, the judiciary, and the government that it is worth preserving and promoting.

The rationale for the Law Society of Upper Canada launching the Task Force on the Rule of Law and the Independence of the Bar was to enhance public understanding of, and commitment to, the independence of the Bar and to contribute to the ongoing debate on the limits of this independence. The Task Force commissioned six background studies from some of the leading academic voices on the legal profession from across the country. The papers represent the most comprehensive and in-depth exploration of the concept of the independence of the Bar ever undertaken in Canada. They also represent a significant resource for those who wish to build on and extend this research.

The first paper examines the history of the ideas and practices associated with the independence of the Bar, in England and Canada, from about 1650 to 1950. The second looks at the experience of lawyers in different parts of the world, emphasizing that threats to an independent Bar are not the preserve of developing countries. It also examines alternative regulatory models in Australia and England. The next chapter reviews written and unwritten elements of the Canadian Constitution that provide protection for the principle of an independent Bar. It concludes that the legal profession's independence from government is protected but not its self-regulating status.

The fourth paper explores the impact of Parliament's security certificate procedures on solicitor-client confidentiality and examines alternative, less rights-infringing models. The following chapter explores the legal profession's resistance to legislation—in particular money-laundering and corporate governance—which would require lawyers to blow the whistle on client misconduct. The final chapter explores the relationship between images of lawyers in popular culture, the generalized negative public image of lawyers, and the perception people have of their own lawyers.

Cover Photo by Julia McArthur

Table of Contents

Task Force Membership

Statement of Principles on the Rule of Law and the Independence of the Bar
Protecting the Public through an Independent Bar: The Task Force Report
Preface - Lorne Sossin

4. The Independence of the Bar in Historical Perspective: Comforting Myths, Troubling Realities - Philip Girard
5. Death Squads and "Directions over Lunch": A Comparative Review of the Independence of the Bar - W. Wesley Pue
6. The Independence of the Bar as a Constitutional Principle in Canada - Patrick J. Monahan
7. The Independence of the Bar and the Public Interest: The Scope of Privilege and Confidentiality in the Context of National Security - Michael Code & Kent Roach
8. The Independence of the Bar and the Public Interest Imperative: Lawyers as Gatekeepers, Whistleblowers, or Instruments of State Enforcement? - Paul D. Paton
9. Polling and Popular Culture (News, Television, and Film): Limitations of the Use of Opinion Polls in Assessing the Public Image of Lawyers - Angela Fernandez

Contributors

Dans l’intérêt public: Rapport et articles du groupe d’étude du Barreau du Haut-Canada sur la règle de droit et l’independance du barreau 25 Oct 2007, 1:00 am

Le mandat principal du Groupe d'étude sur l'indépendance du barreau et la règle de droit était d'examiner les liens entre l'indépendance des juristes et la protection du public. Pour le Groupe d'étude, cette relation est fondamentale. Il commence son rapport par les mots suivants : « Un barreau indépendant signifie que chacun est en droit de faire appel à un avocat autonome qui peut présenter sa position sans crainte et avec zèle dans les limites de la loi; que le bénéfice du droit ne peut être refusé à personne et que personne ne peut échapper aux conséquences de la loi. » Le Groupe d'étude conclut toutefois que ce lien est fragile. Il repose sur l'engagement du public et sa confiance en un barreau indépendant. Ainsi, le Barreau justifie le lancement du Groupe d'étude par sa conviction que ses conclusions aideront le public à mieux comprendre l'indépendance du barreau et contribuera au débat en cours sur les limites de cette indépendance.

Le Groupe d'étude a décidé de demander à six théoriciens de premier plan sur la profession juridique de partout au pays d'écrire à propos de l'indépendance du barreau. Ces études de base représentent l'exploration la plus approfondie et détaillée du concept de l'indépendance du barreau jamais entreprise au Canada. Elles représentent également une excellente ressource pour tous ceux qui souhaiteraient à l'avenir prendre appui sur cette recherche ou la développer davantage.

Cover photo by Julia McArthur

Table des matières

Groupe d'étude

Énoncé de principes sur la règle de droit et l'indépendance du barreau
Un Barreau indépendant pour protéger le public : rapport du Groupe d'étude
Préface - Lorne Sossin

4. L'historique de l'indépendance du barreau : Mythes rassurants ou réalités troublantes? - Philip Girard
5. Escadrons de la mort et petites directives officieuses : Étude comparative de l'indépendance de la profession - W. Wesley Pue
6. L'indépendance du barreau en tant que principe constitutionnel au Canada - Patrick J. Monahan
7. L'indépendance du Barreau et l'intérêt public : Le secret professionnel dans le contexte de la sécurité nationale - Michael Code & Kent Roach
8. L'indépendance du barreau et l'intérêt du public comme impératif : les avocats doivent-ils agir comme « chiens de garde », comme dénonciateurs ou comme instruments de l'État? - Paul D. Paton
9. Sondages et culture populaire : Les limites de l'utilisation des sondages d'opinion dans l’évaluation de la perception des avocats par le grand public - Angela Fernandez

Liste des collaborateurs

Labour and Employment Law in the Federal Public Service 27 Aug 2007, 1:00 am

Labour and Employment Law in the Federal Public Service describes the labour and employment law governing employees of Parliament, employees of government agencies, members of the RCMP, and most direct employees of the government (excluding members of the Canadian armed forces, judges, and employees of Crown corporations). Specifically, the book deals with the Public Service Labour Relations Act and the Public Service Employment Act. It also provides the leading cases and, where appropriate, a representative sample of decisions to explain or provide examples of particular points.

The legal regime of the federal public service has undergone significant change in the past three years, and no other book addresses these significant changes.

Part I of this book provides an overview of federal public service labour and employment law.
Part II considers the normal labour law topics as they apply to direct employees of the government and employees of government agencies. Essentially, Part II of this book is about Part I of the Public Service Labour Relations Act.
Part III concerns the terms and conditions of employment for both unionized and non-unionized employees—essentially, Part II of the Public Service Labour Relations Act.
Part IV involves the legal regulation of the employment relationship in the federal public service—namely, the process for appointment to and within the federal public service.
Part V considers Crown servants—specifically RCMP members and parliamentary employees—who are not considered federal public servants for the purposes of the Public Service Labour Relations Act.
Part VI considers the legal regulation of superannuation (pensions) for Crown servants and the role that courts play in the regulation of federal public service labour and employment law.

Summary Table of Contents

Acknowledgments

PART I
CHAPTER 1: Introduction
CHAPTER 2: History

PART II
CHAPTER 3: Scope of the Public Service Labour Relations Act
CHAPTER 4: The Public Service Labour Relations Board
CHAPTER 5: Acquisition of Bargaining Rights
CHAPTER 6: Bargaining
CHAPTER 7: Complaints Against Employers
CHAPTER 8: Employee Organizations

PART III
CHAPTER 9: Resolution of Rights Disputes
CHAPTER 10: Terms and Conditions of Employment

PART IV
CHAPTER 11: Public Service Employment Act
CHAPTER 12: Staffing at the Canada Revenue Agency
CHAPTER 13: Classification

PART V
CHAPTER 14: Royal Canadian Mounted Police
CHAPTER 15: Parliamentary Employees

PART VI
CHAPTER 16: Public Service Superannuation
CHAPTER 17: Court Proceedings

Secondary Sources
Table of Cases
Index
About the Author

Health Law at the Supreme Court of Canada 25 Jun 2007, 1:00 am

This book brings consideration of all of the major Supreme Court of Canada health law cases together in one place and in a coordinated fashion for the first time. In each chapter, the authors describe the relevant Supreme Court of Canada cases and explore the implications of the cases for their specific topic. Where relevant, the authors reflect on the following cross-cutting themes: the values of autonomy, dignity, liberty, equality, justice, privacy, and life; and the concepts of identity, personhood, community, property, embodiment, health, vulnerability, disability, and oppression. It is important for students, practitioners, policy-makers, academics, and judges to understand the ways in which such values and concepts play out in different ways in different contexts within the health sphere.

This book demonstrates the sweep of issues addressed by the Court and encourages reflection upon the role of the Court in shaping, both directly and indirectly, health care delivery and health policy in Canada. The authors have endeavoured to provide careful and critical evaluation of this role. Health Law at the Supreme Court of Canada is designed to contribute to the development of jurisprudence and legislation in the area of health law, policy, and practice.

Table of Contents

Introduction - Jocelyn Downie and Elaine Gibson
CHAPTER 1: The Governance of Health Care: Fundamental Values, Law and Ethics, Courts, Parliament, and the Charter - The Honourable Charles D. Gonthier
CHAPTER 2: Judicious Choices: Health Care Resource Decisions and the Supreme Court - Colleen M. Flood and Michelle Zimmerman
CHAPTER 3: A Healthy Conception of Rights? — Thinking Relationally About Rights in a Health Care Context - Jennifer Llewellyn
CHAPTER 4: Healthy Communities: Public Health Law at the Supreme Court of Canada - Barbara von Tigerstrom
CHAPTER 5: The Multiple Meanings of Causation in the Supreme Court’s Medical Malpractice Jurisprudence: Past, Present, and Future - Joan M. Gilmour
CHAPTER 6: Informed Consent: Reasonableness, Risk, and Disclosure - Erin L. Nelson
CHAPTER 7: Revisiting Core Principles: Autonomy, Consent, and the Biobanking Challenge - Timothy Caulfield
CHAPTER 8: Women’s Reproductive Equality and the Supreme Court of Canada - Sanda Rodgers
CHAPTER 9: Assisted Death at the Supreme Court of Canada - Jocelyn Downie
CHAPTER 10: The Supreme Court of Canada at the Limits of Decisional Capacity - Sheila Wildeman
CHAPTER 11: Wealth Meets Health: Disabled Immigrants and Calculations of "Excessive Demand" - Constance MacIntosh
CHAPTER 12: Whither Privacy of Health Information at the Supreme Court of Canada? - Elaine Gibson
CHAPTER 13: Patent Law at the Supreme Court of Canada: A Healthy Balance? - Teresa Scassa
CHAPTER 14: Pathways to and from the Supreme Court of Canada for Health Law Litigants - Angela Campbell