Courts
Showing 81–96 of 109 results
Title & Subtitle | Abstract | Contributors | Pages | Year | Purchase |
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From Representative Labelling |
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 … | Michael Plaxton | 36 | 2019 | $3.60 Add |
From Fault and Guidance |
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, … | Michael Plaxton | 35 | 2019 | $3.50 Add |
From Judicial Interviews of Children in Custody and Access CasesFrom: Children and the Law |
Discusses the issue of whether judges ought to conduct forensic interviews with children to elicit their custodial and visitation preferences. | Dan L. Goldberg | 27 | 2011 | $2.70 Add |
From NEW! The Federal Courts and National Security and Intelligence Law |
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 … | Craig Forcese | 31 | 2021 | $3.10 Add |
From The Myths of Judicial ActivismFrom: Supreme Court on Trial |
Examination of implicit assumptions made by those who accuse the Supreme Court of engaging in judicial activism. | Kent Roach | 19 | 2016 | $1.90 Add |
From NEW! Aboriginal Law and Indigenous Law in the Federal Courts of Canada |
This chapter examines how Aboriginal law had been handled by the Federal Court four the past five decades. | Dwight Newman | 20 | 2021 | $2.00 Add |
From Mistake and Moral Proximity |
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 … | Michael Plaxton | 44 | 2019 | $4.40 Add |
From The Myths of Right AnswersFrom: Supreme Court on Trial |
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. | Kent Roach | 16 | 2016 | $1.60 Add |
From Democratic Dialogue in TheoryFrom: Supreme Court on Trial |
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. | Kent Roach | 15 | 2016 | $1.50 Add |
From NEW! Environmental Law |
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 … | Jocelyn Stacey | 32 | 2021 | $3.20 Add |
From Guidance, Culpability, and Mistake of Law |
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 … | Michael Plaxton | 31 | 2019 | $3.10 Add |
From Democratic Dialogue in PracticeFrom: Supreme Court on Trial |
Discussion of cases in which the Supreme Court examined legislation enacted in response to its previous decisions. | Kent Roach | 40 | 2016 | $4.00 Add |
From Justifications, Excuses, and Institutional Defences |
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 … | Michael Plaxton | 44 | 2019 | $4.40 Add |
From NEW! The Federal Courts and Admiralty Law |
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 … | David Colford | 32 | 2021 | $3.20 Add |
From A Railway, a City, and the Public Regulation of Private PropertyCPR v City of Vancouver From: Property on Trial |
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 … | Douglas C Harris | 32 | 2012 | $3.20 Add |
From Incapacity and the Ladder of Agency |
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 … | Michael Plaxton | 27 | 2019 | $2.70 Add |