Courts

Showing 81–96 of 109 results

Title & Subtitle Abstract Contributors Pages Year Purchase
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Representative Labelling

From: Sovereignty, Restraint, and Guidance

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Chapter 9 examines a further implication of the guidance function, taking the Supreme Court’s majority decision in Martineau as its point of departure. In Martineau, the majority struck … 36 $3.60 Add
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Fault and Guidance

From: Sovereignty, Restraint, and Guidance

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Chapter 10 argues that, inasmuch as criminal offences are intended to guide the conduct of members of the public, there is no intrinsic need to set out express fault requirements. Moreover, … 35 $3.50 Add
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Judicial Interviews of Children in Custody and Access Cases

From: Children and the Law

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Discusses the issue of whether judges ought to conduct forensic interviews with children to elicit their custodial and visitation preferences. 27 $2.70 Add
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The Federal Courts and National Security and Intelligence Law

From: The Federal Court of Appeal and the Federal Court

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This chapter examines the Federal Courts’ chief responsibilities in Canadian national security and intelligence law and discusses the unique procedural context in which the Federal Courts … 31 $3.10 Add
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The Myths of Judicial Activism

From: Supreme Court on Trial

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Examination of implicit assumptions made by those who accuse the Supreme Court of engaging in judicial activism. 19 $1.90 Add
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Aboriginal Law and Indigenous Law in the Federal Courts of Canada

From: The Federal Court of Appeal and the Federal Court

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This chapter examines how Aboriginal law had been handled by the Federal Court four the past five decades. 20 $2.00 Add
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Mistake and Moral Proximity

From: Sovereignty, Restraint, and Guidance

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Chapter 11 both qualifies and advances the theme that courts have tended to interpret the fault requirement for criminal offences in a manner that resists an impact on guidance. Since the … 44 $4.40 Add
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The Myths of Right Answers

From: Supreme Court on Trial

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Discussion of the conventional theories of judicial review and critique of the idea that judges will reliably reach right answers that are consistent with democracy. 16 $1.60 Add
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Democratic Dialogue in Theory

From: Supreme Court on Trial

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Discussion of the process by which the decisions of the Supreme Court be respected and obeyed while not necessarily giving the Court the final word. 15 $1.50 Add
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Environmental Law

From: The Federal Court of Appeal and the Federal Court

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This chapter focuses on the central principles of environmental law such as the principles of precaution, sustainable development and access to (environmental) justice. This part argues that the … 32 $3.20 Add
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Guidance, Culpability, and Mistake of Law

From: Sovereignty, Restraint, and Guidance

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Chapter 12 examines the doctrine that errors of law cannot excuse. The doctrine has sometimes been criticized as unfair to defendants. But from a guidance-centred perspective, it would be … 31 $3.10 Add
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Democratic Dialogue in Practice

From: Supreme Court on Trial

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Discussion of cases in which the Supreme Court examined legislation enacted in response to its previous decisions. 40 $4.00 Add
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Justifications, Excuses, and Institutional Defences

From: Sovereignty, Restraint, and Guidance

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Chapter 13 examines criminal defences. The courts play an expanded role in crafting and developing defences, particularly with respect to those classified as “excuses.” This chapter … 44 $4.40 Add
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The Federal Courts and Admiralty Law

From: The Federal Court of Appeal and the Federal Court

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This chapter examines the Federal Court’s exercise of its admiralty jurisdiction and what it has done during the past fifty years, since the enactment of the Federal Court Act. The Federal … 32 $3.20 Add
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A Railway, a City, and the Public Regulation of Private Property

CPR v City of Vancouver

From: Property on Trial

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Examination of a 2006 Supreme Court of Canada case arising from the Canadian Pacific Railway’s challenge to a City of Vancouver development plan, and what it reveals about the boundary … 32 $3.20 Add
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Incapacity and the Ladder of Agency

From: Sovereignty, Restraint, and Guidance

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Chapter 14 reflects on the common law approach to non-mental disorder automatism. Critics have complained that the scope of the “defence” has been inappropriately narrowed by the … 27 $2.70 Add