Journal articles on the topic 'Canada – Law and legislation'
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1
Roots, Katrin. "Trafficking or Pimping? An Analysis of Canada’s Human Trafficking Legislation and its Implications." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 28, no. 01 (April 2013): 21–41. http://dx.doi.org/10.1017/cls.2012.4.
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Abstract In 2005, Canada implemented its first-ever domestic human trafficking legislation under sections 279.01 through 279.04 of the Criminal Code of Canada. The first conviction under this legislation came about three years after its implementation, with a total of only five convictions having been obtained as of January of 2011. This article examines the legislation and the legislative definition of human trafficking in Canada, arguing that the vagueness of this legislation, the breadth of the legislative definition, and its similarity to other provisions within the Criminal Code make it difficult to distinguish human trafficking from other criminal offences, particularly procurement, or in lay language—pimping, which is governed under section 212 of the Code. Analyzing cases identified as human trafficking by Canadian police and legal authorities, this article demonstrates the problematic effects of Canada’s human trafficking legislation. The article points out the challenges arising from identifying non-trafficking cases as human trafficking, including undermining the severity of human trafficking and impeding efforts to combat it.
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Skelly, Stephen J. "Data protection legislation in Canada." International Review of Law, Computers & Technology 3, no. 1 (January 1987): 79–96. http://dx.doi.org/10.1080/13600869.1987.9966255.
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Wharf, Brian, Ivan Bernier, Andrée Lajoie, and Andree Lajoie. "Family Law and Social Welfare Legislation in Canada." Canadian Public Policy / Analyse de Politiques 13, no. 2 (June 1987): 244. http://dx.doi.org/10.2307/3550648.
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Liu, Shu-ling, Ken Menzies, and Ronald Hinch. "Juvenile Justice Legislation in Canada and Taiwan." International Criminal Justice Review 8, no. 1 (May 1998): 61–73. http://dx.doi.org/10.1177/105756779800800104.
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Montague, J. T. "Labor Relations, Labor Relations Law and Public Policy." Relations industrielles 19, no. 4 (April 12, 2005): 440–62. http://dx.doi.org/10.7202/027519ar.
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In this address the author explains how and why, legislation in Canada appears to have compartmentalized its own activities within the labour market so that a number of legislative efforts are continued through the economy with little relationship one to the other.* * This paper tvas presented at the First Meeting of the Canadian IndustrialRelations Research Institute, held at McGill University, July 6th, 1964.
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Chu, Sandra Ka Hon, and Rebecca Glass. "Sex Work Law Reform in Canada: Considering Problems with the Nordic Model." Alberta Law Review 51, no. 1 (October 1, 2013): 101. http://dx.doi.org/10.29173/alr59.
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The Nordic model is a piece of legislation, passed in Sweden in 1999, which criminalizes the purchase of sex. In Canada, exchanging sex for money is not illegal, but virtually every activity associated with prostitution is. Following the Ontario Court of Appeal’s decision in Bedford v. Canada, the question of what type of legislation is most appropriate with respect to prostitution has become even more important. This article begins by evaluating the degree of success (or lack thereof) of the Nordic model. The article then goes on to determine whether legislation similar to the Nordic model would be constitutional if adopted in Canada.
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Greenleaf, Graham. "Solving the Problems of Finding Law on the Web: World Law and DIAL." International Journal of Legal Information 29, no. 2 (2001): 383–419. http://dx.doi.org/10.1017/s0731126500009483.
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Despite its recent development, the Web already contains an astonishing variety of legal materials from dozens of countries. Significant collections of legislation are already available on the Web from over 50 countries. The full text is available on the Web of all legislation from almost all the jurisdictions of the USA, Canada, Australasia, many Latin American countries and some European countries (such as Norway and Germany), and extensive collections from many other European counties (such as the United Kingdom, France, Spain, Portugal). Substantial collections of legislation are available from many developing countries, including India, Turkey, Kazakhstan, South Africa, Vietnam, Zambia, China, Mexico and Israel.
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Keyes, John Mark. "Parliamentary scrutiny of the quality of legislation in Canada." Theory and Practice of Legislation 9, no. 2 (April 9, 2021): 203–26. http://dx.doi.org/10.1080/20508840.2021.1904567.
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Swanson, Elizabeth J. "Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform." Alberta Law Review 34, no. 1 (October 1, 1995): 267. http://dx.doi.org/10.29173/alr1110.
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The author examines the growing trend towards the use of alternative dispute resolution in environmental conflicts. She surveys the state of ADR-related legislation in Canada and makes a proposal for law reform in this field. Her first objective is to define commonly-used ADR terminology. She considers the question, "how does ADR fit into the law and environmental disputes?" The author then looks at the alternatives for ADR and environmental law reform. There are two conflicting sets of values here. The first is that institutionalization of ADR (through legislation) would provide a clear and concrete mechanism for enforcing agreements, and thereby level the playing field for all parties. The other viewpoint is that workable legislation may be impossible to draft and that the strength of ADR is its ad hoc nature. The author favours the "institutional," or legislative approach to ADR reform and development She then surveys existing legislation, which is of two types: "ADR-specific" and "ADR-inclusive." Following this critical review, the author makes specific recommendations for future ADR/environmental law reform initiatives.
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Guay-Archambault, Denyse. "Regards sur le nouveau droit de la famille au Canada anglais et au Québec." Les Cahiers de droit 22, no. 3-4 (April 12, 2005): 723–84. http://dx.doi.org/10.7202/042465ar.
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The English origin of the law in the Common law jurisdictions in Canada makes it mandatory to study common law and English statutory law. It is through those that we can follow the development of a family property law in English Canada. Starting from an individualistic view of the spouses' property, we shall witness the emergence of the idea of « family assets » which has been « enshrined » in recent legislation. The law of Québec has evolved differently. Though of Trench origin, it has not kept as near its mother-country as its neighbour's has done with English law. Turthermore, due to its civilian character, its principles of private law are to be found in the Civil Code. This favours a different approach. That is why we will generally confine our study to those rules which are to be found in the Code civil du Bas-Canada and to the newly adopted Code civil du Québec. We will see what has become of the original community of property and compare the present law of Québec with recent legislation in English Canada.
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Webb, Thomas E., and Robert Geyer. "The Drafters’ Dance: The Complexity of Drafting Legislation and the Limitations of ‘Plain Language’ and ‘Good Law’ Initiatives." Statute Law Review 41, no. 2 (June 24, 2019): 129–58. http://dx.doi.org/10.1093/slr/hmz008.
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Abstract Can we provide legislative drafters with tools to simplify and clarify legislation, and make it more accessible? In the United Kingdom, United States, Canada, Australia, and European Union, through strategies such as the ‘Plain Language’ and ‘Good Law’ (PL/GL) initiatives, it is claimed that the answer is ‘yes’. Though many of the normative intentions underlying such initiatives are commendable, we argue that the pursuit of legislative and legal simplicity, clarity, and accessibility ignores the distinctly ‘complicated’ and ‘complex’ role of legislation and legislative drafters. This leads to a range of contradictory and paradoxical outcomes that undermine these goals. Following a review of the role of legislative drafters and PL/GL initiatives, we use a complexity tool, the Stacey Diagram, to demonstrate and visualize the inherent tensions in the PL/GL position. We show how legislative drafters negotiate their complex environment in a much more subtle, human way than is commonly recognized in PL/GL discourse.
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Russell, Kelly, Michael J. Ellis, Shannon Bauman, and Charles H. Tator. "Legislation for Youth Sport Concussion in Canada: Review, Conceptual Framework, and Recommendations." Canadian Journal of Neurological Sciences / Journal Canadien des Sciences Neurologiques 44, no. 3 (January 10, 2017): 225–34. http://dx.doi.org/10.1017/cjn.2016.423.
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AbstractIn this article, we conduct a review of introduced and enacted youth concussion legislation in Canada and present a conceptual framework and recommendations for future youth sport concussion laws. We conducted online searches of federal, provincial, and territorial legislatures to identify youth concussion bills that were introduced or successfully enacted into law. Internet searches were carried out from July 26 and 27, 2016. Online searches identified six youth concussion bills that were introduced in provincial legislatures, including two in Ontario and Nova Scotia and one each in British Columbia and Quebec. One of these bills (Ontario Bill 149, Rowan’s Law Advisory Committee Act, 2016) was enacted into provincial law; it is not actual concussion legislation, but rather a framework for possible enactment of legislation. Two bills have been introduced in federal parliament but neither bill has been enacted into law. At present, there is no provincial or federal concussion legislation that directly legislates concussion education, prevention, management, or policy in youth sports in Canada. The conceptual framework and recommendations presented here should be used to guide the design and implementation of future youth sport concussion laws in Canada.
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Schabas, William A. "Canadian Implementing Legislation for the Rome Statute." Yearbook of International Humanitarian Law 3 (December 2000): 337–46. http://dx.doi.org/10.1017/s1389135900000684.
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Canada has been very much at the centre of the establishment of the International Criminal Court (ICC) since the momentum shifted in late-1994 from the International Law Commission (ILC) to more broadly representative bodies established by the General Assembly. It was Canada that chaired the ‘like-minded’, a group of states active during the several sessions of the Preparatory Committee and during the Diplomatic Conference in Rome from 15 June to 17 July 1998. The ‘like-minded’ were committed to invigorating the ILC's draft statute by enhancing the independence of the Prosecutor and trimming the sails of the Security Council. At Rome, Canadian diplomat Philippe Kirsch was elected chair of the Committee of the Whole, and he directed the intense negotiations throughout the five-week session. Kirsch crafted the final package of compromises that was submitted to the Conference at its close, on the morning of 17 July, and that succeeded in rallying the vast majority of delegations when put to a vote later that day. Since then, Kirsch and his team have presided over the ongoing work of the Preparatory Commission.
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Schmeiser, Douglas A. "Living Wills and Medical Treatment of the Terminally Ill." Healthcare Management Forum 2, no. 3 (October 1989): 32–37. http://dx.doi.org/10.1016/s0840-4704(10)61226-4.
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A terminally ill individual may sign a living will, which is a document requesting to be allowed to die a natural death, have it witnessed and address this wish to a relative, physician, lawyer or medical facility. No legislation, however, exists in Canada concerning living wills. Consequently, establishing the legal situation is based on both legislative and non-legislative sources. This article explores implications of the Criminal Code, the application of rules of criminal and civil law, provisions of the Charter, living will legislation in the United States and the power of attorney approach regarding this controversial issue.
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Boodman, Martin. "The Nature and Diversity of Personal Property Security Systems in Canada." Revue générale de droit 23, no. 1 (March 13, 2019): 109–36. http://dx.doi.org/10.7202/1057478ar.
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In Canada, there are three natural groupings of personal property security systems. These are the Common law systems of nine provinces and two territories, the Civil law system of Québec and the Canadian federal legislation relevant to secured lending. The Common law jurisdictions subdivide into two groups consisting of those which have adopted or are about to adopt unitary personal property security legislation modelled upon Article 9 of the U.C.C. of the United States, and those which have not and are not about to adopt such legislation. The purpose of this paper is to describe the common and disparate features of the systems for security on personal or moveable property in Canada. The descriptive exercise indicates that it is impossible to characterize the law in this domain as either completely divergent or homogeneous and that, despite similarities and differences, there is a substantial degree of commensurability among Canadian systems of security on personal property.
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Shchukina, Tatiana. "Bilingualism in Canada: the legislation's reform." Russia and America in the 21st Century, no. 4 (2021): 0. http://dx.doi.org/10.18254/s207054760017961-4.
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The Official Language Act plays a key role in the lives of Canadians. Its purpose is to ensure respect for English and French as the official languages of Canada in governmental and parliamentary institutions, support the development and vitality of official language minority communities, set out powers, duties and functions of federal institutions with respect to the official languages of Canada. The Government of Canada has decided to modernize the Act to ensure that it continues to serve Canadians in a changing environment. That is why the Government of Canada showed its commitment to promote, protect and update a law by sharing its vision for official languages reform in February, titled French and English: Towards a substantive equality of official languages in Canada. After 30 years since the last major update, a modernization of the Official Languages Act is necessary to allow the law to keep pace with the social, demographic and technological realities in today’s society, which did not exist during the last revision in 1988. The bill recognizes the diversity of provincial and territorial language regimes and focuses on learning opportunities of the first language in minority settings and on learning opportunities of a second official language in a majority situation to improve the rate of bilingualism among Canadians. The bill also seeks to protect institutions of official language minority communities both for the English-speaking minority in Quebec and for the French-speaking minority in the rest of the country, and proposes new ways to better protect French in Canada, including in Québec.
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Hahn, Hayley, Johanna Caldwell, and Vandna Sinha. "Applying Lessons from the U.S. Indian Child Welfare Act to Recently Passed Federal Child Protection Legislation in Canada." International Indigenous Policy Journal 11, no. 3 (September 4, 2020): 1–32. http://dx.doi.org/10.18584/iipj.2020.11.3.8206.
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Indigenous children are overrepresented in child protection systems in the United States and to an even greater degree in Canada. Canada has recently passed federal child welfare legislation, Bill C-92, with the goal of affirming the rights of Indigenous Peoples and establishing guidelines with respect to child and family services for Indigenous children. The aim of this article is to contribute to ongoing discussions about the recently passed Canadian legislation, drawing on lessons learned in the United States context. The Indian Child Welfare Act (ICWA), passed in the United States in 1978, has created a legislative paradigm, which in some cases has been bolstered by state-level provisions. The ICWA can provide helpful lessons to consider in Canada as the new legislation is implemented and amended over time. Specifically, we examine elements of the ICWA related to accessibility and compliance with the law, along with deeper analysis of state-level statutes related to adoption provisions in light of the phenomenon of transracial adoption of Indigenous children. As reactions to the Canadian federal law have been mixed, this policy analysis may be supportive of conversations regarding its further development, particularly related to funding and enforcement. On a broader level, considerations of Indigenous community jurisdiction over child and family policies within our discussion are relevant to various settler-colonial contexts.
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Tang, Kwong-leung. "Rape Law Reform in Canada: The Success and Limits of Legislation." International Journal of Offender Therapy and Comparative Criminology 42, no. 3 (September 1998): 258–70. http://dx.doi.org/10.1177/0306624x9804200307.
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O'Malley, Patrick. "Law Making in Canada: Capitalism and Legislation in a Democratic State." Canadian journal of law and society 3 (1988): 53–85. http://dx.doi.org/10.1017/s0829320100001332.
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AbstractThis paper outlines and critically assesses some of the principal attempts to explain state law making in Canada in terms of its constitution as an advanced capitalist democracy. While generally retaining a conception of relative autonomy of the state, stress is laid on the fact that this can be no more than an heuristic approach. Because it cannot be known in advance whether specific conditions represent an authentic threat to capital reproduction and because interpretation of such conditions is a necessary part of the mobilisation of resistance to such conditions, the so-called limits to autonomy represent no more than a shorthand for politically invoked strategies of opposition by agents of capital. Moreover, focus on relative autonomy and the concept of limits focuses attention on the externalities of state agencies and constitutes these as distinct from the processes relativising state autonomy. The paper therefore works toward a conceptualisation of discursive and non-discursive practices which tend to generate capitalistic-reproductive actions by state agencies.
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Sheptycki, James. "Guns, crime and social order." Criminology & Criminal Justice 9, no. 3 (July 29, 2009): 307–36. http://dx.doi.org/10.1177/1748895809336379.
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Canada has undergone intensive public debate concerning firearms over the past two decades, much of which has concerned the effectiveness of gun control legislation. Since about 2005 public discourse has focused increasingly on an upsurge in gun-crime perpetrated by street-level criminals. The article examines the projection of these concerns within the Canadian mass media and through official statistics. It shows that gun control legislation appears to have had a positive effect on gun-related crime in Canada, but that a residuum of gun-crime has remained. Evidence suggests that a process of pistolization is ongoing in some places, but that it is not a dominant strain. The article also looks at some examples of grassroots resistance to pistolization in Canada in some communities that are worst affected by street-level gun crime.
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O'Reilly, Richard L., and John E. Gray. "Canada's mental health legislation." International Psychiatry 11, no. 3 (August 2014): 65–67. http://dx.doi.org/10.1192/s1749367600004525.
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In Canada the ten provinces and three territories are responsible for their own health laws and services. The 13 mental health acts have core similarities, but there are clinically significant differences. In most Canadian jurisdictions legislation is based on common law; in Quebec, it is based on a civil code. Canadian jurisdictions favour voluntary admission and sometimes make this explicit in their mental health acts. For involuntary admission or compulsory in-patient or community treatment to be valid, three elements must be applied correctly: the process, the criteria and the rights procedures. These are reviewed in this paper.
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Brun, Henri, and Guy Tremblay. "Les langues officielles au Canada." Parlementarisme, principes fondamentaux du droit public 20, no. 1-2 (April 12, 2005): 69–93. http://dx.doi.org/10.7202/042308ar.
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This article is a summary of the law governing official languages in Canada. The paper also concentrates on present controversial issues raised by judicial pronouncements on the Official Languages Act and on section 133 of the B.N.A Act. The first section studies the « constitutional » aspect of the question of official languages in Canada, as to whether the relevant provisions are considered to be entrenched or not. Special emphasis is placed on the scope and effect of section 133 as interpreted so far. Federal and provincial legislative powers with respect to languages are then discussed, as well as the inapplicability of section 93 of the B.N.A. Act. Finally, the main constitutional proposals relating to linguistic rights are outlined. The next two sections deal with federal and provincial legislation and their judicial application. At the federal level, the Official Languages Act and its apparent weaknesses attract particular attention. At the provincial level, a survey is taken of Quebec's successive Acts respecting languages, and « Bill 101 » is especially considered in relation to the Charter of human rights and freedoms. The conclusion is that the unsatisfactory state of the law of official languages in Canada may well drag on if general agreement is not reached on a renewed federation.
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Molloy, Shen, Andrew S. Medeiros, Tony R. Walker, and Sarah J. Saunders. "Public Perceptions of Legislative Action to Reduce Plastic Pollution: A Case Study of Atlantic Canada." Sustainability 14, no. 3 (February 6, 2022): 1852. http://dx.doi.org/10.3390/su14031852.
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Government-led legislation is a key strategy to reduce plastic pollution; however, societal perception can heavily influence government intervention for environmental issues. To understand the public acceptability of government action to reduce plastic pollution, we examine the perception of existing and upcoming legislative action on single-use plastics (SUPs) by means of a structured survey with additional semi-structured interviews. Our focus is on the four Atlantic provinces of Canada, which was the first region in Canada to implement provincial-wide legislation for plastic reduction at the consumer level in 2019. Results show strong public support (77%, n = 838) for bans of SUP bags at the consumer level, and for further plastic pollution reduction legislation. However, the level of support differed between regions and by demographics. Semi-structured interviews show that decision makers should increase efforts in raising consumer awareness and standardizing regulations across jurisdictions for smoother transitions prior to legislative action.
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Swiffen, Amy. "New Resistance to Hate Crime Legislation and the Concept of Law." Law, Culture and the Humanities 14, no. 1 (May 19, 2014): 121–39. http://dx.doi.org/10.1177/1743872114534017.
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This article addresses the implications of a new resistance to hate crime legislation that has yet to be addressed in the mainstream legal debate in Canada or the United States. It comes mainly from groups in the US that represent lgbtq communities who are poor and/or of color. These communities are particularly vulnerable to victimization by hate crime yet the groups have repeatedly opposed the inclusion of sexual orientation and gender identity/expression in hate crime legislation. This article addresses the underlying rationale of the new resistance and its implications for the mainstream debate. It begins by undertaking a comparative analysis of hate crime legislation in Canada and the US. It then considers the mainstream legal debate in both countries as well as some statistical data on hate crime. The third section turns to the new resistance as well as emerging data on the connection between victimization and the criminal legal system itself. It then draws on the legal theory of Walter Benjamin to reveal limits in the way that the mainstream legal debate conceptualizes criminalization. The final section of the article considers the implications of Benjamin’s concept of law for both the mainstream debate and the new resistance.
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Verbora, Antonio Robert. "The Political Landscape Surrounding Anti-Cruelty Legislation in Canada." Society & Animals 23, no. 1 (February 2, 2015): 45–67. http://dx.doi.org/10.1163/15685306-12341353.
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In 1998, the federal government launched a consultation process, which pointed out that nothing significant had been done to change federal anti-cruelty laws in Canada since 1892. The consultation process concluded that among other concerns, outdated wording of the law has prevented the prosecution of many serious nonhuman animal abusers. Since 1999, there have been a number of failed amendments to the Criminal Code anti-cruelty provisions. The study examines the trajectory of the proposed changes since 1999 to the present, using official transcripts of Canadian parliamentary debates, and seeks to understand the politics of animal cruelty legislation in Canada. Using thematic analysis, this paper explores how resistance to the amendments is articulated and rationalized, as well as the grounds upon which proponents argue in favor of amending the anti-cruelty provisions. The study ultimately sheds light on the failure to bring 19th century Canadian criminal laws into the 21st century.
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Mummé, Claire. "The State Giveth and Taketh Away: Public Sector Labour Law, the Legitimacy of the Legislative Override Power and Constitutional Freedom of Association in Canada." International Journal of Comparative Labour Law and Industrial Relations 36, Issue 4 (December 1, 2020): 495–522. http://dx.doi.org/10.54648/ijcl2020025.
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This article investigates the role of courts and legislatures in the design and enforcement of labour laws in the context of public sector employment. It does so by focusing on government employers’ legislative ability to temporarily override public sector labour rights, or to displace outcomes achieved under their processes. This issue is analysed through a case study of Canada, a country which offers constitutional protections for freedom of association, but which is also constructing a highly deferential approach to the constitutional review of override statutes. As a result of this deference, governments have been afforded significant leeway in the use and design of override legislation, which serves to undermine the legitimacy of the underlying public sector labour law regime. The result is to shake the confidence of public sector employees in the promise of workplace power redistribution and workplace voice and to undermine the legitimacy of public sector labour law. Because override legislation can so fundamentally undermine public sector labour rights, the courts should avoid excessive deference and instead undertake an active constitutional review of their use, where constitutional protections are available. Judicial Deference; Public Sector Labour Law; Legislative Override; Freedom of Association; section 2(D); The Canadian Charter of Rights and Freedoms; The Expenditure Restraint Act, Pre-Legislative Consultation; Legitimacy; Special Interests
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BROWNE, ALISTER, and J. S. RUSSELL. "How to Legalize Medically Assisted Death in a Free and Democratic Society." Cambridge Quarterly of Healthcare Ethics 29, no. 3 (June 2, 2020): 361–68. http://dx.doi.org/10.1017/s0963180120000080.
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AbstractIn 2015, the Supreme Court of Canada struck down the criminal law prohibiting physician assisted death in Canada. In 2016, Parliament passed legislation to allow what it called ‘medical assistance in dying (MAID).’ The authors first describe the arguments the Court used to strike down the law, and then argue that MAID as legalized in Bill C-14 is based on principles that are incompatible with a free and democratic society, prohibits assistance in dying that should be permitted, and makes access to medically-assisted death unnecessarily difficult. They then propose a version of MAID legislation (‘Ideal MAID’) that gives proponents and opponents of MAID everything they can legitimately want, contend that it is the only way to legalize MAID that is compatible with a free and democratic society, and conclude that it is the way to legalize MAID in Canada and other similarly free and democratic societies.
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Ponomareva, Daria, and Aleksey Kubyshkin. "Genetic discrimination in foreign legislation and law-enforcement practice." SHS Web of Conferences 134 (2022): 00071. http://dx.doi.org/10.1051/shsconf/202213400071.
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The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system
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Foulkes, Christopher. "The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill." Victoria University of Wellington Law Review 43, no. 4 (December 1, 2012): 547. http://dx.doi.org/10.26686/vuwlr.v43i4.5023.
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This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.
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Saumier, Geneviève. "Uniformity and Diversity in the Enforcement of Arbitration Clauses in Canada." THEMIS Revista de Derecho, no. 77 (December 21, 2020): 111–21. http://dx.doi.org/10.18800/themis.202001.005.
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Arbitration is well established in Canada. All jurisdictions have implemented the 1958 New York Convention, the UNCITRAL Model Law on Arbitration and equivalent legislation for domestic arbitration. This generally supportive legal landscape for arbitration is often at odds with access to justice for consumers. As a result, several jurisdictions in Canada have adopted legislation to guarantee consumers’ access to local courts, including through class actions, notwithstanding the inclusion of arbitration clauses in their contracts. The constitutional division of powers in Canada entitles each province to adopt its own policy, leading to diversity across the country with regard to the enforceability of arbitration clauses in consumer contracts. In this paper, the author examines the tension between general support for arbitration and differentiated treatment of consumer arbitration in Canada. To that end, the author examines relevant legislation in several provinces (including Quebec and Ontario) as well as recent jurisprudence from the Supreme Court of Canada (Dell Computer (2007), Telus (2011) and Wellman (2019)). The 2020 decision from the Supreme Court of Canada in Uber may signal a new openness toward extending protection to other vulnerable contracting parties such as employees.
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Hutchison, Cameron J. "Which Kraft of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law." Alberta Law Review 46, no. 1 (November 1, 2008): 1. http://dx.doi.org/10.29173/alr237.
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The techniques used by courts to interpret statutes can be characterized as inconsistent, and at times, excessive. Current methodologies of statutory interpretation often reflect deeply normative views about the appropriate institutional role of the legislative and judicial branches of law-making, but this characterization of the debate is misleading. Rather, the problem lies with properly discerning legislative meaning and intent in full awareness of the limitations and possibilities of statutes as communicative devices. The author suggests a new methodology of statutory interpretation, whereby courts analogize the facts before them with certain paradigm cases. This methodology serves to constrain judicial discretion and enables courts to fill gaps in legislation in connection with novel cases.
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Kisely, Steve. "A Tale of Two Jurisdictions. Can Australia and Canada Learn from Each Other's Experience with Cannabis Control?" Australian & New Zealand Journal of Psychiatry 39, no. 3 (March 2005): 154–60. http://dx.doi.org/10.1080/j.1440-1614.2005.01537.x.
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Objective: To compare public health and legal policies to reduce the harm associated with cannabis use in Canada and Australia, given similarities between both countries. Method: A review of the epidemiological and health policy literature. Results: Although both countries have adopted harm minimization, a continued heavy reliance on legislative and punitive approaches in both Canada and Australia has failed to arrest the increase in cannabis use, especially among young people. A Senate inquiry in Canada has recommended the liberalization of laws on the possession and use of cannabis, while tightening legislation against operating vehicles or machinery while intoxicated. Conclusions: Existing policies are not evidence-based and lead to adverse outcomes such as criminalization of otherwise law-abiding citizens and diversion of resources from more effective policing or health service initiatives.
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MacDonald, Roderick A. "Recommissioning Law Reform." Alberta Law Review 35, no. 4 (September 1, 1997): 831. http://dx.doi.org/10.29173/alr1036.
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This article offers a critical analysis of expert Law Reform Commissions in Canada. The author traces the history of the idea of institutional law reform from its intellectual roots early in the twentieth century through its apotheosis in the 1960s and 1970s to its modern decline, which the author attributes to shifting cultural tendencies creating scepticism as to the value of law reform. The author argues for a reconceptualization of expert Law Reform Commissions, and his analysis proceeds in three stages. First, the author examines the concepts of law which are promoted by law reform and concludes that the widespread belief that explicit, official law (state legislation) is the superior juridical form is in fact erroneous. The author argues that formal legislation is not the only form of law, but in fact everyday practices (including non-linguistic ones) also constitute part of legal normativity. Next, the author contends that law reform is not the exclusive domain of the law reform commissioner, but in fact is carried out by judges, lawyers and all citizens every day simply by the performance of their daily activities. Finally, the author argues that in order to maintain their utility Law Reform Commissions must be willing to reimagine themselves. They must be willing to reduce staff and work with external personnel, they must reject narrow instrumentalist processes and focus on issues of broader relevance, and they must conceive of research projects not directly related to doctrinal categories of law and which are intended to create a product digestible by the entire population. The author concludes by arguing that, while there is a future for expert Law Reform Commissions in Canada, they must be willing to recommission themselves with a new focus.
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Getz, Daniel. "The History of Canadian Immunity from Seizure Legislation." International Journal of Cultural Property 18, no. 2 (May 2011): 201–24. http://dx.doi.org/10.1017/s0940739111000178.
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AbstractPerhaps surprisingly, a number of Canadian jurisdictions have been at the cutting edge of legal exemptions from seizure or attachment processes for artworks on loan. Starting with the curious case of Hermitage treasures displayed in Winnipeg in the mid-1970s and using other intriguing examples, this article traces the historical origins of Canadian legislation with particular regard to the international context. The current state of the law in Canada is summarized and compared to that of other international jurisdictions.
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Hickey, Gordon M., Nicolas Brunet, and Nadège Allan. "A Constant Comparison of the Environmental Assessment Legislation in Canada." Journal of Environmental Policy & Planning 12, no. 3 (September 2010): 315–29. http://dx.doi.org/10.1080/1523908x.2010.509470.
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Piñero, Verónica B. "Canadian International Human Rights Obligations in the Context of Assisted Human Reproduction." Canadian Yearbook of international Law/Annuaire canadien de droit international 46 (2009): 193–240. http://dx.doi.org/10.1017/s0069005800009577.
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SummaryIn Canada, as in most countries, assisted human reproduction has become accessible treatment for individuals who wish to conceive. Scientific advancements in the area of human reproduction have led to the enactment of legislation that attempts to regulate this novel field. The Canadian Assisted Human Reproduction Act (2004) identifies the health and wellbeing of children born through reproductive technologies as a paramount principle in all decisions respecting their use. On the other hand, and surprisingly, the statute restricts access by offspring to information that can lead to identification of their genitors. The disclosure of donors’ identity to the recipients of reproductive materials is quite limited. According to this article, this legislation is in violation of international human rights law on health, identity, and family relations to which Canada is a party. The first part of the article explores international human rights law on identity, health, and family relations rights that Canada has signed, ratified, or acceded to. The second part discusses whether the Canadian legal system is in line with the relevant international human rights obligations identified earlier and asserts that there is scope for judicially interpreting Canadian law in such a way that would conform to those obligations.
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Millar, Paul, and Sheldon Goldenberg. "Explaining Child Custody Determinations in Canada." Canadian journal of law and society 13, no. 2 (1998): 209–25. http://dx.doi.org/10.1017/s0829320100005792.
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AbstractMany earlier studies of Canadian child custody determinations have been written from ideological and feminist viewpoints. This study attempts to look at this subject from an empirical and sociological stance, within its historical context. Several related issues are considered, including the central issue of sexism, and the effects of legislation and case law on these determinations. Models of how custody cases settled by trial affect those negotiated outside the courtroom are explored. This study analyzes decades of Canadian child custody orders and other evidence to shed light on trends in judicial decision making and their causes.
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Keyserlingk, Edward W. "The Eve Decision — A Common Law Perspective." L’affaire Eve et la stérilisation des déficients mentaux 18, no. 3 (April 17, 2019): 657–75. http://dx.doi.org/10.7202/1058698ar.
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By its decision in the Eve case, the Supreme Court of Canada clarified and settled the law in at least two important respects. From now on, provincial statutes can only be used to authorize guardians to permit involuntary contraceptive sterilizations if their wording clearly and explicitly so provides. The Prince Edward Island statute in question did not do so. Secondly, though the Court's parens patriae jurisdiction is of unlimited scope and does extend to cases involving medical procedures, it cannot serve as the basis for authorizing non-therapeutic sterilizations. By ruling out the applicability of parens patriae, and by insisting that judges are not able to deal adequately with such cases, the Supreme Court may have strengthened the case for new legislation in this area. The writer argues that such legislation should provide for access to contraceptive sterilization for the mentally disabled, and the needed safeguards to protect those unable to consent or refuse from the imposition of sterilization in the interests of parties other than themselves.
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Wood, Roderick J. "The Incremental Evolution of National Receivership Law and the Elusive Search for Federal Purpose." Constitutional Forum / Forum constitutionnel 26, no. 1 (March 3, 2017): 1. http://dx.doi.org/10.21991/c94h4w.
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There was a period when provincial legislation that trespassed too deeply into the federal field of bankruptcy and insolvency law was likely to be declared to be ultra vires as an invasion of the exclusive federal power in relation to that field. The five-to-four split in the 1978 Supreme Court of Canada decision in Robinson v Countrywide Factors Ltd was very much a turning point. Thereafter, the constitutionality of provincial legislation was almost invariably determined through the application of the paramountcy principle. Pursuant to this principle, a provincial statute is rendered inoperative to the extent that it conflicts with the federal statute. The Supreme Court of Canada has created a two-branched test for determining the presence of a conflict. Under the first branch, there is an operational conflict when it is impossible to comply with both the federal and the provincial statute. Under the second branch, there is a conflict when the operation of the provincial statute frustrates the purpose of the federal statute. Either type of conflict will render the provincial statute inoperative...
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Shchukina, Tatiana. "Canada's Digital Charter becomes law." Russia and America in the 21st Century, no. 6 (2022): 0. http://dx.doi.org/10.18254/s207054760023515-3.
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Canadians increasingly rely on digital technology to connect with each other, to work and innovate. That’s why the Government of Canada is committed to making sure Canadians can benefit from the latest technologies, knowing that their privacy is safe and secure, and that companies are acting responsibly. In June 2022, the government proposed the Digital Charter Implementation Act, 2022, which will significantly strengthen Canada’s private sector privacy law, create new rules for the responsible development and use of artificial intelligence (AI), and continue advancing the implementation of Canada’s Digital Charter. Canada's Digital Charter sets out principles to ensure that privacy is protected, data-driven innovation is human-centred, and Canadian organizations can lead the world in innovations that fully embrace the benefits of the digital economy. Canadians must be able to trust that their personal information is protected, that their data will not be misused, and that organizations operating in this space communicate in a simple and straightforward manner with their users. This trust is the foundation on which Canadian digital and data-driven economy will be built. This legislation takes a number of important steps to ensure that Canadians have confidence that their privacy is respected and that AI is used responsibly, while unlocking innovation that promotes a strong economy. The Digital Charter Implementation Act, 2022 will include three proposed acts: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act.
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Castel, J. G. "The Settlement of Disputes Under the 1988 Canada-United States Free Trade Agreement." American Journal of International Law 83, no. 1 (January 1989): 118–28. http://dx.doi.org/10.2307/2202799.
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On January 2, 1988, the President of the United States and the Prime Minister of Canada signed the Canada-United States Free Trade Agreement (FTA). It was implemented by appropriate legislation in both countries and came into force on January 1, 1989. This Agreement is the most comprehensive of a series of projects and treaties on free trade between Canada and the United States over the last 135 years.
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Slavković, Vukan. "Legalization of marijuana use in comparative criminal legislation." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 771–86. http://dx.doi.org/10.21638/spbu14.2022.312.
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In light of the rapidly shifting legislation regarding the legalization of marijuana use, the popular notion seems to be that marijuana is a harmless pleasure, access to which should not be regulated or considered illegal. World Health Organization recommended to delete cannabis and cannabis resin from Schedule IV of the UN Single Convention on Narcotic Drugs (1961), but to maintain it in Schedule I of the 1961 Convention. The UN Commission on Narcotic Drugs decided by 27 votes to 25 and with one abstention to follow this recommendation. Тhere is the issue of how much this decision will affect the legalization of marijuana in the world. In the paper are analyzed two legislation of the Anglo-Saxon legal system, which supported this initiative (Canada and USA) and legislation of Euro-Continental legal area (Russia) that did not accept the reclassifying of cannabis from the 1961 Convention. Author has compared the Canadian code with Uruguayan, and the U. S. bill with the Mexican legislation, because Mexican bill does not provide the full legalization of marijuana use. In the Russian Federation, all deeds related to narcotic drugs, which were committed on a significant, large, and an especially large scale, and also all acts coherent to traffic of narcotic drugs, regardless of its scale, are regulated by Criminal Code of the Russian Federation. Otherwise, there will be applied an administrative law.
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Tarnopolsky, Walter S. "Le contrôle de la discrimination raciale au Canada." L'égalité devant la loi 18, no. 4 (April 12, 2005): 663–89. http://dx.doi.org/10.7202/042189ar.
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This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.
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Kennett, Steven A. "Hard Law, Soft Law and Diplomacy: The Emerging Paradigm for Intergovernmental Cooperation in Environmental Assessment." Alberta Law Review 31, no. 4 (November 1, 1993): 644. http://dx.doi.org/10.29173/alr1192.
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The author uses a paradigm derived from international law to assess the evolution of federal-provincial cooperation in environmental assessment (EA) in Canada. He examines the development of intergovernmental diplomacy and the evolution from soft to harder law through such measures as intergovernmental agreements on EA and legislation. Intergovernmental cooperation in EA is described in its constitutional context and its development is analyzed from a legal perspective. An examination of recent judicial decisions concerning major interjurisdictional projects underlines the need for cooperative EA arrangements. Four stages of the hardening of soft law are identified to illustrate how the legal framework for intergovernmental cooperation in EA may progress from general principles to formal intergovernmental arrangements and legally binding rules.
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Brennan, Mariette. "Canada's Next Step in Tobacco Control Laws: Is Plain Packaging Legislation a Viable Proposal?" Alberta Law Review 51, no. 1 (October 1, 2013): 23. http://dx.doi.org/10.29173/alr56.
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It is widely accepted that tobacco consumption has a number of dangerous side effects. While the federal and provincial governments have introduced a number of laws in order to decrease the number of smokers in Canada, no law on the plain packaging of tobacco products has been introduced. This article explains what plain packaging is, and then goes on to analyze whether a plain packaging law would violate Canada’s constitutional laws from both a division of powers and a Canadian Charter of Rights and Freedoms perspective.
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Woods, H. W. "Comparative Settlement of Labour Disputes in United States and Canada." Relations industrielles 9, no. 3 (February 24, 2014): 215–29. http://dx.doi.org/10.7202/1022867ar.
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Employers and unions in Canada are more and more being brought under a common code of behaviour with regard to disputes occurring after a contract is signed. Law makers have determined the shape or form and established the jurisdiction of the arbitration itself. After having given reference to the appropriate Canadian legislation for the settlement of disputes, the author turns to the United States and describes the composition and functioning of the American Arbitration Association. The last section of the article is devoted to the possible application in Canada of the principles and procedures of the American system concerning the settlement of justiciable disputes and account is taken of certain law and tradition differences existing in this country.
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Downie, Jocelyn. "Permitting Voluntary Euthanasia and Assisted Suicide: Law Reform Pathways for Common Law Jurisdictions." QUT Law Review 16, no. 1 (March 11, 2016): 84. http://dx.doi.org/10.5204/qutlr.v16i1.613.
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<p><em><span style="font-family: Times New Roman; font-size: medium;">End of life law and policy reform is the subject of much discussion around the world. This paper explores the pathways to permissive legal regimes that have been tried in various common law jurisdictions. These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence-specific charging guidelines, and the exercise of judicial discretion in sentencing. In this paper, I describe these pathways as taken (or attempted) in five common law jurisdictions (USA, UK, Australia, New Zealand, and Canada) and reflect briefly on lessons that can be drawn from the recent experiences with law reform in Canada. Through its bird’s eye view, it highlights the remarkable number and variable nature of past attempts at law reform and suggests a shifting tide. It debunks some common myths that have either limited or stymied reform in the past. Finally, it illuminates jurisdictional similarities and differences and lessons learned by those who have gone before so as to inform choices about pathways to pursue for those who will seek to advance a law reform agenda in the future.</span></em></p>
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Akhtyrska, Nataliia M., and Yuriy V. Grodetskiy. "THE RIGHT TO LIFE FROM THE POINT OF VIEW OF PERSONAL AUTONOMY IN DECISION-MAKING ON EUTHANASIA (REVIEW OF THE ECHR PRACTICE AND THE LEGISLATION OF SELECTED COUNTRIES)." Wiadomości Lekarskie 74, no. 11 (2021): 3108–12. http://dx.doi.org/10.36740/wlek202111242.
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The aim: To analyze law enforcement practice on the basis of the national legislation of foreign states to single out features of legal regulation of the right to euthanasia realization and to outline the Ukrainian prospects of euthanasia legalization. Materials and methods: The empirical basis of the research is the legislation of some European countries (Belgium, Spain, Italy, Portugal, and the Netherlands) and Canada; decisions of the European Court of Human Rights on the right to voluntary death and the obligations of states; the results of a survey of 750 respondents conducted by the authors. The methodological basis of the study were philosophical views on life, death, and the right to certainty, formal-logical method (analysis, synthesis, induction, deduction, etc.), comparative, analytical, statistical, sociological methods of cognition, as well as a synergetic approach. Conclusions: The issue of legal regulation of euthanasia is multifactorial, socially conditioned, and requires a positive action of the state both in terms of regulation and/or prohibition, and the proper provision of citizens with health care. Legislative support for the human right to a “dignified death” is dictated, to some extent, by society’s demand, which must be finally resulted in the draft law. As for Ukraine, the adoption of such a law is obviously premature. Although according to a survey of citizens on euthanasia and the feasibility of introducing such a law in Ukraine, 57% are positive about the experience of other countries, and 41% were in favor of adopting a law in Ukraine, it is not possible to assess their opinion due to ignorance of legislation where euthanasia is allowed.
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Roberts, Julian, and Alvaro Pires. "Le renvoi et la classification des infractions d’agression sexuelle." Criminologie 25, no. 1 (August 16, 2005): 27–63. http://dx.doi.org/10.7202/017314ar.
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This study is a theoretical and empirical analysis of the new tripartite structure of sexual offences created by the Criminal code reform of 1983 in Canada (Bill C-127). The authors analyze the reform proposals advanced by the Law Reform Commission as well as the data on reports of sexual assault in Quebec and Canada as a whole. In addition, the authors explore the actual classification practices of the criminal justice system and some of the "new " symbolic effects of the legislation.
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Clagett, Brice M. "Title III of the Helms-Burton Act Is Consistent with International Law." American Journal of International Law 90, no. 3 (July 1996): 434–40. http://dx.doi.org/10.2307/2204067.
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The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, otherwise known as the Helms-Burton Act, became law on March 12, 1996. Title III of the legislation creates a federal cause of action, on behalf of U.S. citizens whose property was confiscated without compensation by Cuba, against those who “traffic” in that property. Several governments—notably Canada, Mexico and those of the European Union, whose corporate citizens are the principal “traffickers”—have denounced the legislation as an exercise of extraterritorial jurisdiction that violates customary international law. These governments apparently see nothing wrong with permitting—even encouraging—their nationals to use and profit from property that rightfully belongs to others. The United States not only commands the moral high ground on this issue; it also has the better of the legal argument.