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6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts Our Understanding was published in Contested Constitutionalism on page 107.

"More than forty years after the enactment of the Canadian Charter of Rights and Freedoms, this landmark treatise examines the interpretation and application of the Charter by Canadian courts in both the private and criminal law spheres, as well as its impact on the Canadian legal system. Updated to reflect the most recent constitutional developments, Canadian Charter of Rights and Freedoms, 6th Edition + Charte canadienne des droits et libertés, 6e édition by Errol Mendes and Stéphane Beaulac offers a comprehensive review of the evolution of the Charter in the Canadian legal landscape.Since its first publication in 1982, this bilingual text has become an invaluable reference for constitutional law practitioners and students." --Publisher's website

This chapter focuses on the relationship between freedom of expression and democracy from both a historical and a theoretical perspective. The term ‘freedom of expression’ includes free speech, freedom of the press, the right to petition government, and freedom of political association. Eighteenth-century proponents of popular government had long offered democratic justifications for freedom of expression. The chapter then demonstrates that freedom of political expression is a necessary component of democracy. It describes two core functions of such expression: an informing and a legitimating one. Finally, the chapter examines the concept of ‘democracy’, noting various ways in which democracies vary among themselves, as well as the implications of those variations for freedom of expression. Even before democratic forms of government took root in the modern world.

This chapter addresses the salience of the Rawlsian idea of public reason for freedom of speech. It applies a philosophical template of Public Reason to a typically legal issue: what motivations for speech restrictions render the restriction legitimate under the Public Reason criterion, and what motivations taint the law as illegitimate, because they are non-endorsable by reasonable persons to whom they apply. Traces of this pattern of argument can be found in several legal systems: in the United States, Germany, New Zealand, and Australia, when they grapple with constitutionality of restrictions on freedom of speech, and choose the motive path (rather than the effects path) of scrutiny. The most typical pattern of argument is the one which disfavours content-oriented restrictions, as compared to content-neutral restrictions. This distinction offers attractive avenues of argument when it is viewed in the context of legislative motives, and how they fare under a general principle of Public Reason. The chapter then establishes that viewpoint restrictions and subject-matter restrictions—two subcategories of a broader genus of content-based restrictions of freedom of speech—correspond to two perceived wrongful motivations in regulating speech: intolerance and paternalism.

"Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law -- instead, the chapters explore the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume "will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing."-- Provided by publisher.

This chapter examines the application of copyright law to video streaming in the US and the EU. Since the Berne Convention and the WIPO Copyright Treaty established international norms that national laws need to follow, the relevant provisions of these two international instruments are used as the archetype; US and EU laws’ compatibility with them is examined here. This chapter demonstrates that through the communication to the public right, or its equivalent, copyright law adequately protects authors against the three existing types of video streaming: webcasting, on-demand streaming and internet retransmission of broadcasts. It argues that in the context of video streaming, the exclusive nature of the communication to the public right must be preserved. Therefore, this chapter maintains that any national law that recognises a compulsory licence mechanism to cover this new technology, or adopts the service zone theory to exempt certain types of video streaming from copyright liability, may run the risk of being in breach of its international obligations.

Développements récents en droit municipal | WorldCat.org

"Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law -- instead, the chapters explore the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume "will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing.""-- Provided by publisher.

"Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law — instead, the chapters explore the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume “will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing.”" - hinterer Umschlagtext

"Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin's approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics - including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court."--

"This book provides an extensive account of the origins and evolution of the general anti-avoidance rule (GAAR), and offers a comprehensive examination and appraisal of the rule. The book's 28 chapters encompass a wide variety of perspectives on the GAAR; contributors include tax practitioners, academics from around the world, and government officials from the Canada Revenue Agency and the Department of Justice, as well as the former Supreme Court of Canada justice who wrote the reasons for judgment in the leading GAAR case. The book, unique in the thoroughness of its approach and the diversity of its points of view, is intended as the go-to source for government officials, tax professionals, academics, and judges--a reference book covering all aspects of the GAAR: its historical background, its major structural features and shortcomings, the evolution of the case law dealing with the GAAR, and the interpretive issues that continue to cause uncertainty."-- Provided by publisher.