Content Posted in 2023
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Aboriginal Title and Controlling Liberalization: Use It Like the Crown
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Aboriginal Title: Travelling from (Or to) an Antique Land
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Accessing Justice: The Legal Profession's Role in Serving the Public's Diverse Legal Needs
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"A Code Red for Humanity": Judicial Relevance in a Time of Climate Emergency, Margot Young
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A "Comparative Constitutional Powerhouse" in Action: An Empirical Study of the Supreme Court of Canada's Use of Comparative Law Based on Interviews and Case Citations
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A Crisis of Conscience: Miscarriages of Justice and Indigenous Defendants in Canada
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A Delicate Balance: The Challenges Faced by Our Democratic Institutions in Reconciling the Competing Rights and Interests of a Diverse Population
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A Dividend of Diversity: The Impact of Diversity on Organizational Decision Making
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Administrative Law and the Governance of Automated Decision Making: A Critical Look at Canada's Directive on Automated Decision Making
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Agreeing to Share: Treaty 3, History & the Courts
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A Leopard Cannot Hide Its Spots: Unmasking Opposition to the UN Declaration on the Rights of Indigenous Peoples Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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A Matter of Integrity: Rule of Law, the Remuneration Reference and Access to Justice
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A Necessary Look at Necessity Jurisdiction
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An Ethnographic View of Legal Entanglements on the Salish Sea Borderlands
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An Indeterminate Theory of Canadian Corporate Law
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Another Good Thing: Ross River Dena Council v Canada in the Yukon Court of Appeal, Or: Indigenous Title, Presentism in Law and History, and a Judge Begbie Puzzle Revisited
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Apples, Oranges, and Steel: The Effect of Mandatory Minimum Sentences for Drug Offences on the Equality Rights of Aboriginal Peoples
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A Precarious Chancy Situation: Aboriginal Gaming Rights in Canada
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A Reconciliation without Recollection - Chief Mountain and the Sources of Sovereignty
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A Tale of Two Courts: The New Westminister First Nations Court and the Colville Tribal Court
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A Theory of Information in the Canadian Law of Judicial Review: Record Rules in a Post-Vavilov World
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Awakening Section 8 in Wakeling: Legal Implications on Wiretaps, Intercepts, Intelligence Sharing and beyond
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Blunting the Edge: Federalism, Criminal Law, and the Importance of Legislative History after the Reference Re Assisted Human Reproduction Act
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Book Review
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Book Review
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Book Review
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Boys, You Should All Be in Hollywood: Perspectives on the Mr. Big Investigative Technique
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Breaking the Purposive Barrier: Embracing Non-Repetition as a Guiding Principle for Subsection 24(2) of the Charter
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Bursting Its Bounds: Ownership and the City
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Canada Stands Alone: A Comparative Analysis of the Extraterritorial Reach of State Human Rights Obligations, Leah West
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Canada's Wonderlands: Can a Convicted Sex Offender Subject to a Section 161(1)(A) Order Legally Enter an Amusement Park?
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Canadian Federalism's Underlying Question: What It Is and Why It Matters
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Can There Be Too Much Context in Administrative Law: Setting the Standard of Review in Canadian Administrative Law
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Case Comment on Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46: Reviewing the Consequences of a Search or Seizure in Administrative Regimes
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Child Placement and the Legal Claims of Foster Caregivers
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Claims of Sovereignty - Burdens of Occupation: William and the Future of Reconciliation
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Clearing Your History: A Review of Non-Consensual Distribution of Intimate Images in Canada and Future Responses
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Collaborative Law at 25: A Canadian Study of a Global Phenomenon
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Common Property Redux
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Consequences of the Criminalization of Trade Secret Theft in Canada
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Constituting Bodies into the Future: Toward a Relational Theory of Intergenerational Justice
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Constitutional Or Political Crisis: Prosecutorial Independence, the Public Interest, and Gender in the SNC-Lavalin Affair
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Context, Choice, and Rights: PHS Community Services Society v Canada (Attorney General)
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Controlling Fairness in Standard Form Contracts: What Can Courts Do, and What Should They Do?
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Corporate Social Responsibility and Corporate governance: Japanese Firms and Selective Adaptation
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Corporate Social Responsibility in the Pacific Rim: Drawing the Boundaries Corporate Social Responsibility in the Pacific Rim: Keynote Speech
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Corporate Veil-Piercing and Structures of Canadian Business Law
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Corporations on the Couch: Is Therapeutic Disclosure a Kind of Madness, Bryce C. Tingle
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Criminality and Inequity Under Canada's Legalization of Cannabis: A Study of Vancouver's Downtown Eastside, Stephanie Lake and Margot Young
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Criminal Law & Digital Technologies: Drawing Lessons from the Canadian and American Experiences
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Cultural Factors in the Law
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Cutting the Cord: The Independence of Corporate Spinoffs in Canada
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Dagenais 2.0: Technology and Its Impact on the Dagenais Test
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Declaratory Legislation: Legislatures in the Judicial Domain Case Comment
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Deliberative Constitutional Referendums in Deeply Divided Societies Special Section: Deliberative Democracy, Peace Referendums, and Constitutional Settlement
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Digital Media, Video Games, and the Law Introductory Essay
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Directors' Liability in Canadian Tax Law: Critically Analyzing the Due Diligence Standard, Samuel Singer and Monica Cheng
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Diversity and Professionalism in the Practice of Law
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Diversity in the Law: Arguments and Perspectives Special Issue: Diversity in the Law: Preface
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Does a Will Stand a Chance under the Current Interpretation and Application of Dependants' Relief Legislation in British Columbia
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Does the Notice of Objection Mechanism Available to Civil Resolution Tribunal Small Claims Parties Enhance Access to Justice?
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Equality Rights, Ratio Identification, and the Un/Predictable Judicial Path Not Taken: Quebec (Attorney General) V A and R V Ibanescu
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Examining the websites of Canada's Top Sex Crime Lawyers: The Ethical Parameters of Online Commercial Expression by the Criminal Defence Bar
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Exclusively Yours: Reconsidering Interjurisdictional Immunity
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Exclusive Occupation and Joint Aboriginal Title
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Experts on Trial: Unearthing Bias in Scientific Evidence
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Extending Health Care Entitlement to Lawful Non-Transient International Migrants: Untapped Potential of the Universality Principle in the Canada Health Act
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Failed Experiments: An Empirical Assessment of Adaptive Management in Alberta's Energy Resources Sector
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Federalism and Interprovincial Infrastructure Disputes in Canada
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Feminism in Conversation: Campus Sexual Violence and the Negotiation within
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Filling the Normative Hole at the Centre of Access to Justice: Toward a Person-Centred Conception
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Finding Nemo Dat in the Land Title Act: A Comment on Gill v Bucholtz Case Comment
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Finding Reconciliation in Dark Territory: Coastal Gaslink, Coldwater, and the Possible Futures of DRIPA Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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Forensic Bitemark Identification Evidence in Canada
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Forum Selection Clauses before Canadian Courts: A Tale of Two (or Three) Solitudes
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Freedom of Religion under the Charter of Rights: The Limits of State Neutrality
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Fresh Consideration Rule: Insights from Its Resurrection in Quach v Mitrux Services Ltd
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From Nevsun v Araya to the Core: Taking Stock of State-Based Business and Human Rights Grievance Mechanisms in Canada
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Full Disclosure: Family Violence and Legal Ethics
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Gender and Violence: Drawing on Indigenous Legal Resources
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Gender Diversity: Preparing for the New Legal Environment
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General and Specific Intent: The Quiet Death of the Substantive Understanding
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Gifts and Contracts: A Comparison with Quebec Civil Law
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Good Faith Not Good for Consistency: Irreconcilable Results in Wastech and Callow
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Hedge Fund Activism Canadian Style
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High-Rise Residential Condominiums and the Transformation of Private Property Governance
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Home Invasion by Regulation: Truckers and Reasonable Expectations of Privacy under Section 8 of the Charter
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How to Assess Obscenity: A Legal Realism Interpretation of the Legal Standards for Obscenity
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Human Rights and Precarious Workplaces: A Comment on British Columbia Human Rights Tribunal v Schrenk Case Comments
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I Am Not a Caped Crusader: Clinical Legal Education and Professional Identity Formation
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I Do, I Will
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Imperfect Evidence and Uncertain Justice: An Exploratory Study of Access to Justice Issues in Canada's Asylum System
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Implementing UNDRIP: An Analysis of British Columbia's Declaration on the Rights of Indigenous Peoples Act Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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Indigenous Self-Government and the Future of Administrative Law
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In Plain View: R v Jones and the Challenge of Protecting Privacy Rights in an Era of Computer Search
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In Search of an Ecological Approach to Constitutional Principles and Environmental Discretion in Canada Special Section: Canada and Climate Change
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Intellectual Property Rights in the Recreational Cannabis Market: Craft or Commodity
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Interest, Insolvency, and Prairie Farm Debt: An Historical Analysis of Reference as to the Validity of Section 6 of the Farm Security Act, 1944 (Saskatchewan), Virginia Torrie
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Intersecting Challenges: Mothers and Child Protection Law in BC
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Introduction: Corporate Social Responsibility in the Pacific Rim Corporate Social Responsibility in the Pacific Rim: Preface
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Investigating the Failure of Resettlement and Rehabilitation in Development Projects: A Critical Analysis of the World Bank's Policy on Involuntary Resettlement Using Lessons from Uganda's Bujagali Hydroelectric Project
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Involuntary Creditors and Corporate Bankruptcy
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IPEELEE and the Duty to Resist
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Issues Associated with the Implementation of the Duty to Consult and Accommodate Aboriginal Peoples: Threatening the Goals of Reconciliation and Meaningful Consultation
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Judicial Ethics in a Digital Age
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Judicially Licensed Unconstitutionality
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Judicial Misconduct in the Sexual Assault Trial
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Justice as Justifiability: Mandatory Minimum Sentences, Section 12, and Deliberative Democracy
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Kigyo No Shakai-Teki Sekinin: Challenges for Corporate Social Responsibility in Japan
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Lawyers and Court Representation of Organized Pseudolegal Commercial Argument [OPCA} Litigants in Canada
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Leaks in the System: Environmental Flows, Aboriginal Rights, and the Modernization Imperative for Water Law in British Columbia
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Legislation and beyond: Implementing and Interpreting the UN Declaration on the Rights of Indigenous Peoples Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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Legislative Comment: Family Property Division under the Family Law Act 2011
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Lenses of Comparison across Continents: Understanding Modern Aboriginal Title in Tsilhqot'in Nation and Ngati Apa
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Lessons for Indigenous Property Reform: From Membership to Ownership on Nisga'a Lands
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Limited Admissibility and Its Limitations
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Location Matters: How Nuisance Governs Access to Property for Free Expression
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Low-Carbon-Emissions Standards and the WTO: Do California Measures Targeting Greenhouse Gas Emissions Discriminate against Canadian Oil
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Malice, Qualified Privilege, and the New Responsible Communication Defence to Defamation: Which Way Forward for Investigative Journalism in Canada Case Comment
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Manifest Madness: Mental Incapacity in Criminal Law, Arlie Loughnan Book Review
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Measuring Legal Service Value
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Mere Evidence: Why Customs Searches of Digital Devices Violate Section 8 of the Charter
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Mining and Access to Justice: From Sanction and Remedy to Weak Non-Judicial Grievance Mechanisms
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Moral Rights and Mods: Protecting Integrity Rights in Video Games
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More than Money: Using International Law of Reparations to Determine Fair Compensation for Infringements of Aboriginal Title
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Multiple-Parent Families under British Columbia's New Family Law Act: A Challenge to the Supremacy of the Nuclear Family or a Method by Which to Preserve Biological Ties and Opposite-Sex Parenting
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Municipalities and the Duty to Consult Aboriginal Peoples: A Case Comment on Neskonlith Indian Band v. Salmon Arm (City) Case Comments
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Neutrality Law, Anti-Terrorism, and Foreign Fighters: Legal Solutions to the Recruitment of Canadians to Foreign Insurgencies
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On Pardons and Miscarriages of Justice: Extracting and Dissecting Institutional Bias from the Conviction Review Framework in Canada
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Opposing Mr. Big in Principle
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Originalist Reasoning in Canadian Constitutional Jurisprudence
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Origins of Modern Restorative Justice: Five Examples from the English-Speaking World, the
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Overcoming the Dispositionism of Aboriginal Rights in Canada: Culture in the Mind versus Life in the World
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Owning and Dissolving Strata Property
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Paradigm Shift: Towards a New Model for Refugee Status Determination in Canada
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Paternal Filicide and Coercive Control: Reviewing the Evidence in Cotton v Berry
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Performing Sovereignty in a Time of Ideological Instability: BC's Bill and the Reception of UNDRIP into Canadian Law Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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Persistent and Emerging Questions about the Use of End-User Licence Agreements in Children's Online Games and Virtual Worlds
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Piercing the Corporate Veil Reframed as Evasion and Concealment
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Pokemorials: Placing Norms in Augmented Reality
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Policies & Prejudice: The Mandatory Disclosure of Liability Insurance Policies & Policy Limits in Tort Litigation in Canada
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Precedent, Principles, and Presumptions
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Private Property and Aboriginal Title: What Is the Role of Equity in Mediating Conflicting Claims
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Property and Sovereignty: An Indian Reserve and a Canadian City
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Property in the City: Special Edition Introduction
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Putting Therapeutic Jurisprudence on Edge: A Gendered Engagement
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Rare Diseases and Resource Allocation Policy: The Role of Canadian Legal and Ethical Norms
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Recasting Our Wild Neighbours: Contesting Legal Otherness in Urban Human-Animal Conflicts
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Reconsidering a Lawyer's Obligation to Raise Adverse Authority
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Regulation of Health-Related Artificial Intelligence in Medical Devices: The Canadian Story, Michael Da Silva, Colleen M. Flood, and Matthew Herder
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Regulatory Capture and the Role of Academics in Public Policymaking: Lessons from Canada's Environmental Regulatory Review Process
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Re-Imagining Indigenous Peoples' Role in Natural Resource Development Decision Making; Implementing Free, Prior and Informed Consent in Canada through Indigenous Legal Traditions
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"Resort to the Easy Answer": Gladue and the Treatment of Indigenous NCRMD Accused by the British Columbia Review Board
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Rethinking Canadian Defamation Law as Applied to Corporate Plaintiffs
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Rethinking Compensation for Expropriation
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Rhetoric and Realities: What Independence of the Bar Requires of Lawyer Regulation
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Section 15 of the Canadian Charter of Rights and Freedoms of the Future of Federal Regulation of Indian Status
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Self-Determination, Subordination, and Semantics: Rhetorical and Real-World Conflicts over the Human Rights of Indigenous Women
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Set-off & Security Interests
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Sharing Data in the Platform Economy: A Public Interest Argument for Access to Platform Data
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Social Cost of Carbon in Environmental Impact Assessment
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Somatic Oppression and Relational Autonomy: Revisiting Medical Aid in Dying through a Feminist Lens
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So You Want to Implement UNDRIP... Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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Spaces and Challenges: Feminism in Legal Academia
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Spaces for Sharing: Searching for Indigenous Law on the Canadian Legal Landscape
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Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act: Foreword
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Stealing Masks and Amulets: What's Law Got to Do with It
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Still Seeking Justice: The Marshall Inquiry Narratives
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Striking the Right Balance: Rethinking the Contest between Freedom of Religion and Equality Rights in Trinity Western University v the Law Society of British Columbia Case Comment
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Supreme Court of Canada Affirms the Request Principle in R v Imperial Tobacco Addendum
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Tenant Protections in Mobile Home Park Closures
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Terrorism Sentencing Decisions in Canada Since 2001: Shifting away from the Fundamental Principle and towards Cognitive Biases
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The 2012 Supreme Court Copyright Decisions & Technological Neutrality Case Comment
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The Agency Cost Case for Regulating Proxy Advisory Firms
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The Anthropocene in the Time of Trump, Financial Markets, Climate Change Risk, and Vulnerability
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The Attorney General's Forgotten Role as Legal Advisor to the Legislature: A Comment on Schmidt v Canada (Attorney General) Case Comments
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The Call to Diversify the Legal Profession
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The Case for a Canadian Nondelegation Doctrine
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The Challenge to Multiculturalism: Hate Speech Ban in Japan
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The Charter Right to Refuse Psychiatric Treatment: A Comparative Analysis of the Laws of Ontario and British Columbia concerning the Right of Mental-Health Patients to Refuse Psychiatric Treatment
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The Chiarelli Doctrine: Immigration Exceptionalism and the Canadian Charter of Rights and Freedoms
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The Culture of Justification in Administrative Law: Rationales and Consequences
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The Data Divide: Managing the Misalignment in Canada's Evidentiary Requirements for Drug Regulation and Funding
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The Day Canada Said No to the Death Penalty in the United States: Innocence, Dignity, and the Evolution of Abolitionism
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The Debate That Never Should Have Been: Dworking, Hart, and the Analytical Project
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The Deification of Process in Canada's Duty to Consult: Tsleil-Waututh Nation v Canada (Attorney General)
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The Deliberative Mandate Referendum Special Section: Deliberative Democracy, Peace Referendums, and Constitutional Settlement
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The Direct Voice in Legal Discussions on Equality: An Essay
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The Durability of Terra Nullius: Tsilhqot'in Nation v. British Columbia
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The Edgy State of Decolonization at the Canadian Museum of History
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The Failure of the Delgamuukw Test of Proof of Aboriginal Title
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The Gender of Lying: Feminist Perspectives on the Non-Disclosure of HIV Status
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The Genealogy of Core Jurisdiction
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The Gladue Analysis: Shedding Light on Appropriate Sentencing Procedures and Sanctions
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The Growth of Vancouver as an Innovation Hub: Challenges and Opportunities
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The Idea of Property in Intellectual Property
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The Individualistic Approach to Arbitrariness, Overbreadth, ad Gross Disproportionality
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The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada's New Prostitution Laws
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The Law of Haunted Houses: A Comment on Stigmatized Properties following Wang v Shao
The Lawyer as Advisor and the Practice of the Rule of Law
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The Legitimacy of the Constitutional Arbitration Process in a Multinational Federative Regime: The Case of the Supreme Court of Canada
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The Major Project of Reconciliation: Locating an Indigenous Consent Standard Within the BC Environmental Assessment Act, 2018, Josh Friedman
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"The Next 10 Years": Keynote Address on the 10th Anniversary of the Federation of Asian Canadian Lawyers, Carol Liao
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The Official Development Assistance Accountability Act: Global Justice and Managerialism in Canadian Law
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The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession
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The Perils of Federalizing the Common Law: A Case Study of the ITA Gift Concept
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The Professionalization of BC Notaries 1981-2010: From the Brink of Elimination to the Brink of Expansion
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The Public Right to Fish and the Triumph of Colonial and Dispossession in Ireland and Canada
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The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders
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The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles System
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The Regulation of Synthetic Nucleic Acids under the Human Pathogens and Toxins Act
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The Relaxation of Representative Standing in Administrative Law: A Side Effect of Charters of Rights
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The Right to Control and Access Genetic Research Information: Does McInerney Offer a Way out of the Consent/Withdrawal Conundrum
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The Risks of Technology in the Law Classroom: Why the Next Great Development in Legal Education Might Be Going Low-Tech
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The Road Not Taken: Reserving Lands for Exclusive Indigenous Use and Occupation
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The Role of Science in Contemporary Canadian Environmental Decision Making: The Example of Environmental Assessment Special Section: Canada and Climate Change
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The Science, Law, and Politics of Canada's Pathways to Paris: Introduction to UBC Law Review's Special Section on Canada and Climate Change Special Section: Canada and Climate Change
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The Sentencing of Aboriginal Accused with FASD: A Search for Different Pathways
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The Slow and Rocky Road to Reforming the British Columbia Offence Act Legislative Comment
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The Standard of Care for Children Engaged in Adult Activities: Not Exactly Child's Play
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The Super Panel Doctrine
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The Trouble with Wigmore: A New Approach to Implied Waiver of Solicitor-Client Privilege
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The Tsilqot'in Case: The Recognition and Affirmation of Aboriginal Title in Canada Case Comment
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The Tyranny of Equality and the Torment of Equity The 2013 Southin Lecture
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The United Nations Declaration on the Rights of Indigenous Peoples and the Division of Powers: Considering Federal and Provincial Authority in Implementation Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act
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The Virtue of Judicial Restraint, or Who Guards the Guardians?
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The Woodlands School Litigation and Settlement: Further Complications for Historical Abuse Claims
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Thinly Construing the Nature of the Act Legally Consented to: The Corrosive Impact of R v Hutchinson on the Law of Consent
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Title Registration and the Abolition of Notice in British Columbia
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Tort's Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements
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Towards Reconcilliation: A Proposal for a New Theory of Crown Sovereignty
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Transnational Business, CSR, and Governance in China
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Transnational Torts against Private Corporations: A Functional Theory for the Application of Customary International Law Post-Nevsun
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Treaties in History and Law
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Tribute to Professor Judith Mosoff
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Tsilhqot'in Law of Consent
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Tsilhqot'in Nation v. BC: Reconfiguring Aboriginal Title in the Name of Reconciliation
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Twenty Years of the OECD Anti-Bribery Convention: National Implementation and Hybridization
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Unappealing: An Assessment of the Limits on Appeal Rights in Canada's New Refugee Determination System
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Understanding Trade as a Whole in the Securities Reference Case Comment
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Under the IRPA and after Irving: The Right to Standing before the Federal Court for Canadian Children Seeking to Challenge Their Parents' Deportations
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UNDRIP and the Renewed Application of Indigenous Laws in the Common Law
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Unjust Factors, Absence of Juristic Reason and the Development of Canadian Unjust(ified) Enrichment Law
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Unmixing the Mixed Questions: A Framework for Distinguishing between Questions of Fact and Questions of Law in Contractual Interpretation
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Updating the Procedural Law of Judicial Review of Administrative Action
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Van der Peet Turns 20: Revisiting the Rights Equation and Building a New Test for Aboriginal Rights
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Warm Climate, Slow Change: Climate Tort Claims in Canada and the Potential for Legislative Intervention
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Who Makes Decisions over Aboriginal Title Lands
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Wilful Blindness: A Confused and Unnecessary Basis for Criminal Liability
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Worn Out Faces: Repeat Self-Represented Litigants at the Supreme Court of Canada
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Wrongful Convictions: Determining Culpability When the Sand Keeps Shifting
Yah'guudang: The Principle of Respect in the Haida Legal Tradition