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Private International Law in Common Law Canada: Cases, Text and Materials
Marvin Baer, Joost Blom, Elizabeth Edinger, Nicholas Rafferty, Geneviève Saumier, and Catherine Walsh
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Just Words: Constitutional Rights And Social Wrongs
Joel Bakan
The Canadian Charter of Rights is composed of words that describe the foundations of a just society: equality, freedom, and democracy. These words of justice have inspired struggles for civil rights, self-determination, trade unionism, the right to vote, and social welfare. Why is it, then, that fifteen years after the entrenchment of the Charter, social injustice remains pervasive in Canada?
Joel Bakan explains why the Charter has failed to promote social justice, and why it may even impede it. He argues that the Charter's fine-sounding words of justice are ‘just words.’ Freedom, equality and democracy are fundamental principles of social justice. The Canadian Charter of Rights and Freedoms entrenches them in Canada's highest law, the constitution. Yet the Charter has failed to promote social justice in Canada. In Just Words, Joel Bakan explains why.
Sophisticated in its analyses but clearly written and accessible, Just Words is cutting-edge commentary by one of Canada's rising intellectuals.
Joel Bakan argues that the Canadian Charter of Rights (1982) has failed to promote social justice because it is administered by a conservative judiciary and because social and economic conditions constantly interfere with its principles.
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Challenging the Public/Private Divide: Feminism, Law, and Public Policy
Susan B. Boyd
Western thought has long been characterized by an ideological divide between public and private spheres. In the industrial era, the divide became highly gendered as men dominated the public spheres of politics and work, while women were closely associated with family and home. In the late twentieth century, social and legal policies have promoted equal opportunities in the labour force and shared responsibilities in the family. Despite this progress, inequalities are still evident for women in the labour force and in the family, and for some groups of women in relation to others.
In this collection of original essays, feminist scholars in disciplines ranging from law to geography challenge the traditional notion of a public/private divide. The divide can represent boundaries between state and family, state and market, market and family, or state and community, which shift depending on location, social group, and historical time period. The contributors to this book examine the impact of the divide in respect to four themes: state intervention; the relationship between family, home, and work; the legal regulation of motherhood; and the challenges of privatization, restructuring, and globalization. They show that the impact of the divide varies according to factors such as race, class, (dis)ability, and sexual identity as they intersect with gender.
Challenging the Public/Private Divide provides a wealth of information and analysis on current issues in Canada society, from child care to violence against women. Its impact will be felt in diverse disciplines, such as: law, public administration, political science, sociology, women's studies, and criminology.
Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally
[From Challenging the Public/Private Divide - University of Toronto Press]
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Exploring the Domain of Accident Law: Taking the Facts Seriously
Don Dewees, David G. Duff, and Michael Trebilcock
In the mid 1980s, there was a crisis in the availability, affordability, and adequacy of liability insurance in the United States and Canada. Mass tort claims such as the asbestos, DES, and Agent Orange litigation generated widespread public attention, and the tort system came to assume a heightened prominence in American life. While some scholars debate whether or not any such crisis still exists, there has been an increasing political, judicial and academic questioning of the goals and future of the tort system. Exploring the Domain of Tort Law reviews the evidence on the efficacy of the tort system and its alternatives. By looking at empirical evidence in five major categories of accidents--automobile, medical malpractice, product-related accidents, environmental injuries, and workplace injuries--the authors evaluate the degree to which the tort system conforms to three normative goals: deterrence, corrective justice, and distributive justice. In each case, the authors review the deterrence and compensatory properties of the tort system, and then review parallel bodies of evidence on regulatory, penal, and compensatory alternatives. Most of the academic literature on the tort system has traditionally been doctrinal or, in recent years, highly theoretical. Very little of this literature provides an in-depth consideration of how the system works, and whether or not there are any feasible alternatives. Exploring the Domain of Tort Law contributes valuable new evidence to the tort law reform debate. It will be of interest to academic lawyers and economists, policy analysts, policy professionals in government and research organizations, and all those affected by tort law reform.
[From Exploring The Domain Of Accident Law: Taking the Facts Seriously | Oxford Academic]
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Social Justice and the Constitution: Perspectives on a Social Union for Canada
Joel Bakan and David Schneiderman
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The Taking of Indian Lands in Canada: Consent or Coercion?
Darlene Johnston
The relentless expansion of European settlement witnessed over the centuries was accomplished by a corresponding diminution in the territorial rights of the original inhabitants. The dispossession has been dramatic. This work assesses the accuracy of the official story that the transfer of vast Indian territories to British control was achieved in a relatively principled fashion. The author analyzes: the Royal Proclamation of 1763; the historical treatment of Indian lands in the colonial jurisdictions of the Atlantic region, Quebec, and Upper Canada to determine the extent to which this principle was observed; the statutory regimes which emerged to govern Indian lands in the various colonies; the post-Confederation treatment of Indian lands; and the various incarnations of the Indian Act.
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UNCITRAL Arbitration Model in Canada: Canadian International Commercial Arbitration Legislation
Robert K. Paterson and Bonita J. Thompson
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Taxation of Corporations and Shareholders: Cases and Materials
Brian J. Arnold, D. Keith McNair, and Claire F.L. Young
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A Feminist Review of Criminal Law, Status of Women Canada
Christine Boyle, Marie-Andree Bertrand, Celine Lamontagne, and Rebecca Shamai
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Charterwatch: Reflections on Equality
Christine Boyle, A. Wayne MacKay, Edward J. McBride, and John Yogis
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Righting the Balance: Canada's New Equality Rights
Lynn Smith, Gisèle Côté-Harper, Robin Elliot, and Magda Seydegart
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Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms
Joseph Weiler and Robin Elliot
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Prisoners of Isolation: Solitary Confinement in Canada
Michael Jackson
What is it really like in 'the hole'? On what basis do prison officials employ the most drastic of carceral punishments – solitary confinement – and to what effect? Michael Jackson, lawyer, professor, activist, made a point of finding out.
Approached in 1974 by a group of prisoners in the British Columbia Penitentiary, Jackson listened to their stories, investigated, and became convinced that these prisoners were being held in solitary confinement under unlawful conditions and for arbitrary and unjustified reasons. He then helped launch proceedings on their behalf to have the imposition of solitary confinement in the B.C. Penitentiary declared 'cruel and unusual punishment.' Jackson sets out the facts and legal arguments presented to the Federal Court of Canada against a background of the historical evolution of solitary confinement and penitentiary discipline. Successfully argued, the McCann case (1975) was unique in Canadian judicial history.
Since then Jackson has remained in close touch with his prison contacts, maintaining a watching brief on whether prison practice has conformed to the rule of the law. He traces the continuation of solitary confinement in the newest of Canada's maximum security institutions and describes the conditions in the 'special handling units,' the most recent addition to Canada's 'carceral archipelago.' It is clear from his findings that prison officials continue to violate human rights.
Though Jackson eschews sensationalism, the raw facts and the record of direct testimony he presents make Prisoners of Isolation a disturbing book.
What is it really like in 'the hole'? On what basis do prison officials employ the most drastic of carceral punishments – solitary confinement – and to what effect? Michael Jackson, lawyer, professor, activist, made a point of finding. It is clear from his findings that prison officials continue to violate human rights.
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