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Jan Cowie, 1994 58-2 Saskatchewan Law Review 357, 1994 CanLIIDocs 497
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When the Law Reform Commission of Canada was established in 1971,¹ it was thought that, within the then foreseeable future, Canada would have a new Criminal Code covering criminal law and procedure. The minister of justice, John Turner, stated in the House when the bill was under consideration that ‘the Commission should have a complete rewriting of the criminal law as one of its first projects.’² The original commission – and I should declare that I was one of the original commissioners – contemplated a new Code of Criminal Law and Procedure in its first research program, commencing with procedure:
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This document presents supplementary information and notices of ways and means motions on the budget, focusing specifically on tax measures. These measures were tabled in the House of Commons on February 22, 1994.
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The Supreme Court of Canada held in Guerin and Sparrow that the Crown has a fiduciary obligation to protect the interests of aboriginal people. While this obligation undoubtedly applies to the federal Crown, its application to the provincial Crowns remains to be determined. This article attempts to set out the parameters of the Crown's fiduciary obligation to aboriginal people. Based on historic, legislative and jurisprudential analysis, the author submits that the fiduciary obligation is an exclusive federal Crown responsibility.
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This article reviews the methods, rules and sources of interpretation relating to Quebec Civil Law. While the Civil Law utilizes many generally accepted interpretive methods and directives, it does so idiosyncratically. These distinctive applications, both methodological and fundamental, derive not only from the nature of the Civil Law itself but also from the process of codification. The writer insists that one should not lose sight of this fact when interpreting the new Civil Code.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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This study deals with the legal protection of authors' moral rights in Canada. In the first part, the article highlights the beginnings of these rights in Europe and in Canada. The second part analyses the legislative provisions which formally recognize moral rights in the Copyright Act, as well as other legal rules which indirectly protect the intellectual bound between an author and his or her work. The article concludes with an analysis of the legislative jurisdiction over moral rights and the constitutional problems created by the overlap of federal and provincial rules on this matter.
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