Results | SCC-Authors-Cited

Doucet, M. (2009). Pourquoi une Langue Merite-t-Elle une Protection Constitutionnelle ou Legislative? Part I: Colloque sur les Langues Officielles. Revue de La Common Law En Francais, 11, 55–72. https://access.heinonline.com/HOL/P?h=hein.journals/rclfr11&i=61

Disclaimer: This summary was generated by AI based on the content of the source document.

View on access.heinonline.com

Kelly, F. (2009). Private Law Responses to Domestic Violence: The Intersection of Family Law and Tort. The Supreme Court Law Review, 2d, 44, 321–341.

This paper explores the progressive possibilities presented by two areas of private law – family law and tort law – in achieving economic justice for women who have been victims of domestic violence. The author first considers the role spousal support law might play in providing economic redress following abuse. While the Supreme Court of Canada’s decision in Leskun v. Leskun suggests that a court might consider the consequences of spousal misconduct when making a support order, courts remain reluctant to use support awards to address the economic impact of abuse. By contrast, tort law may appear to provide a more responsive framework for battered women. Women may use the tort of battery to seek damages to compensate for direct financial impact of the violence (e.g. medical expenses) and for indirect economic harm (e.g diminished employability). However, the challenges inherent in bringing a successful tort action mean that women rarely succeed in achieving compensation. The author concludes by considering other options (e.g. a public compensation scheme) which may be a solution for women seeking financial compensation for the harms suffered at the hands of a violent spouse.

Auger, J. (2009). Successible disparu: que faire. Entracte - Journal de La Chambre Des Notaires, 18(2), 5.

Raz, J. (2009). The authority of law: essays on law and morality (2nd ed.). Oxford University Press.

Gray, K. J. (with Gray, S. F.). (2009). Elements of land law (5th ed.). Oxford University Press.

Tremblay, L. B. (2009). Le fondement normatif du principe de proportionnalité en théorie constitutionnelle. In G. C. N. Webber (Ed.), The limitation of Charter Rights : critical essays on R. v. Oakes. Éditions Thémis.

Canadian Bar Association Ethics and Professional Responsibility Committee. (2009). CBA Code of professional conduct (Revised edition 2009.). Canadian Bar Association.

Olthuis, B. (2009). The Constitution’s Peoples: Approaching Community in the Context of Section 35 of the Constitution Act, 1982. McGill Law Journal / Revue de Droit de McGill, 54(1), 1–43. https://doi.org/10.7202/038177ar

Modern negotiations between the Crown (or private parties) and Canada’s Aboriginal peoples are largely based on the legal principles articulated in major court decisions. Yet those decisions have not yet confronted a fundamental question: how, in the first instance, do we determine which groups can lay claim to the Aboriginal and treaty rights “recognized and affirmed” by section 35 of the Constitution Act, 1982?

View on www.erudit.org

Ogden, R. (2009). Existing Aboriginal Rights in Section 35 of the Constitution Act, 1982. Canadian Bar Review, 88(1), 51–86.

Disclaimer: This summary was generated by AI based on the content of the source document.

Tepfer, J. A., Nirider, L. H., & Tricarico, L. M. (2009). Arresting Development: Convictions of Innocent Youth Symposium 2010: Righting the Wronged: Causes, Effects, and Remedies of Juvenile Wrongful Conviction. Rutgers Law Review, 62(4), 887–942. https://heinonline.org/HOL/P?h=hein.journals/rutlr62&i=895

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Butts, J. A., Cusick, G. R., & Adams, B. (2009). Delays in youth justice. University of Chicago ; [National Institute of Justice, Office of Justice Programs].

Bredt, C. D. (2009). The Right to Equality and Oakes: Time for Change. National Journal of Constitutional Law, 27, 59.

Morissette, Y.-M. (2009). Gestion d’instance, proportionnalité et preuve civile : état provisoire des questions. Les Cahiers de droit, 50(2), 381–413. https://doi.org/10.7202/043973ar

A major reform of civil procedure began in 2002 in the wake of the Ferland report, itself inspired by Lord Woolf’s report on civil justice in England and Wales. In both reports, the idea of proportionality is central, but the Civil Procedure Rules, which also address the issue of litigation costs, codified it much more vigorously than legislation adopted here. Local impact studies are also less probative than those conducted in England. Yet the overall assessment of these reforms leads to similar conclusions and ought to persuade the Quebec legislature to carry matters further in order to counteract the effects of a pervasive adversarial culture. To this end, closer case management, a tighter control on oral discovery and the use whenever possible of single, court-appointed or party-designated experts, are all desirable. Seen from this angle, the reform of 2002 in Quebec lags behind the reform based on the Woolf report.

View on www.erudit.org

Matheson, D. (2009). Dignity and Selective Self‑Presentation. In I. Kerr, V. M. Steeves, & C. Lucock (Eds.), Lessons from the identity trail: anonymity, privacy and identity in a networked society (p. 319). Oxford University Press.

"During the past decade, rapid developments in information and communications technology have transformed key social, commercial, and political realities. Within that same time period, working at something less than Internet speed, much of the academic and policy debate arising from these new and emerging technologies has been fragmented. There have been few examples of interdisciplinary dialogue about the importance and impact of anonymity and privacy in a networked society. Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society fills that gap, and examines key questions about anonymity, privacy, and identity in an environment that increasingly automates the collection of personal information and relies upon surveillance to promote private and public sector goals." "This book has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers, and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes."--BOOK JACKET.

Siegel, D. (2009). Ontario. In A. Sancton, R. A. Young, & Institute of Public Administration of Canada (Eds.), Foundations of governance: municipal government in Canada’s provinces (p. 20). University of Toronto Press.

Weinrib, J. (2009). What is the Purpose of Freedom of Expression Senior Board Notes, Comments and Reviews. University of Toronto Faculty of Law Review, 67(1), 165–190. https://heinonline.org/HOL/P?h=hein.journals/utflr67&i=159

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Zipkin, S. (2009). The Election Period and Regulation of the Democratic Process. William & Mary Bill of Rights Journal, 18(3), 533–594. https://heinonline.org/HOL/P?h=hein.journals/wmbrts18&i=539

Disclaimer: This summary was generated by AI based on the content of the source document.

View on heinonline.org

Sen, A. (2009). The idea of justice. Belknap Press of Harvard University Press.

Good, K. R. (2009). Municipalities and multiculturalism: the politics of immigration in Toronto and Vancouver. University of Toronto Press.

Dworkin, R. (2009). Foreword. In I. Hare & J. Weinstein (Eds.), Extreme speech and democracy. Oxford University Press.