Your search
Results 88 resources
-
"L'objet principal du présent ouvrage est de susciter la réflexion au sujet de l'aménagement linguistique tel qu'il a été vécu au Nouveau-Brunswick, seule province officiellement bilingue au Canada. L'auteur cherche à mettre en lumière l'effectivité des droits linguistiques ainsi que le rôle qu'exercent le législateur et les tribunaux en ce domaine. En outre, il fait ressortir la nécessité de l'action en justice afin de faire respecter des droits qui sont de nature constitutionnelle et quasi constitutionnelle".--Résumé de l'éditeur
-
"The aim of this text is to provide a revealing background to the law of torts for its better understanding and appreciation by those who find themselves somewhat confused as to the true nature and scope of this part of the law and would like some clarification. This book consists of a number of independent essays that raise and discuss ideas which permeate the modern content and function of the law of torts. They also provide an historical context that allows the reader to better understand tort law concepts. Their purpose is to stimulate the interest of the read and encourage them to dive further into this area of the law. As such, this text is broader in scope than a standard primer of the law of torts express in simple language."-- Provided by publisher.
-
This article reports on four interrelated studies on self-representation by family litigants: a study of family litigants in Ontario; a survey of perceptions of lawyers in Ontario and Alberta; and a study of Canadian judges. There has clearly been an increase in self-representation in family cases. Lack of financial resources is the most significant reason for self-representation, but a significant number of the self-represented do not believe that they will have worse outcomes without a lawyer. Lawyers and judges report significant concerns about lack of representation, including fewer settlements and a slower process, with corresponding increased expenses for a represented party.
-
This article begins with a review of the first manifestations of the civilian institution of absence in Roman law and the French Napoleonic Code. It then retraces the historical and conceptual origins of Quebec’s law of absence detailing its evolution from the Civil Code of Lower-Canada to the Civil Code of Quebec.
-
This chapter is about the interpretation of section 1 of the Canadian Charter of Rights and Freedoms. Section 1 allows ‘limits’ to constitutional rights insofar as they are reasonable and justified in a free and democratic society. It asks the state for moral justification when a right has been infringed by state action. Moral justification has formal and substantive aspects; therefore the application of section 1 deploys a formal framework of proportionality nestled within a thin conception of liberal democratic political morality. The chapter also addresses the relative moral importance of the notion of ‘rights’, as well as the relevance of institutional considerations. It concludes that the section 1 framework follows a standard model of moral justification and cannot be significantly improved upon.
-
This chapter considers the effect of section 1, the “justification” section of the Canadian Charter, on the doctrinal development of section 15, the equality section. It begins by describing the development of the section 15 substantive equality analysis, including the claim of a conceptually complete separation from the section 1 analysis of state justification. The chapter then identifies some features of section 15 which suggest that this separation is less than complete, including the existence of section 15(2), and anxieties over constraining government action. The chapter then turns to three post-2001 cases in which the Supreme Court of Canada found discrimination under the Charter but then held that discrimination was “justified” through section 1, and asks what these cases might reveal about the symbolic significance of a finding of discrimination and the Court’s struggle with institutional competence concerns in equality claims.
-
This paper proposes a fundamental reshaping of the law regarding presumptions of legislative intent in statutory interpretation. Looking to substantive presumptions in particular, it reviews the jurisprudence and concludes that greater consistency would be desirable and that tensions should be resolved between the traditional approach to substantive presumptions and the modern approach to statutory interpretation consistently adopted by the Supreme Court of Canada. Our proposal seeks to provide a uniform methodology for the use of substantive presumptions by incorporating them into the contextual analysis mandated by the modern approach set out in Re Rizzo & Rizzo Shoes Ltd, [1998] 1 SCR 27, 154 DLR (4th) 193. Rejecting the language of “presumptions” and rules of “strict” or “liberal” construction, it argues in favour of interpretation that relies on a transparent discussion of all relevant sources of statutory meaning (including textual and contextual sources, such as the values underlying substantive presumptions) and against a reflexive or mechanical application of substantive presumptions.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
Explore
Resource type
- Book (38)
- Book Section (17)
- Conference Paper (1)
- Dictionary Entry (1)
- Encyclopedia Article (1)
- Journal Article (29)
- Report (1)