%{search_type} search results

• Preface
• Chapter 1. Attending School
• Chapter 2. Roles of Teachers
• Chapter 3. Discipline and Safety
• Chapter 4. Negligence, Risk Management, and Liability
• Chapter 5. Special Education
• Chapter 6. Principal's Statutory Responsibilities
• Chapter 7. Collective Bargaining
• Chapter 8. Framework of Education Governance
• Compilation of References
• About the Author
• Index.

"This book provides an overview of the important elements of education law in Ontario, Canada, as education is under provincial jurisdiction in the country. It also briefly describes similar education law contents in California, the United States, as in the US education is mainly under the control of states and California is the most populous state. In addition, the book delineates corresponding contents in Chinese education law, as China has the largest education system in the world."-- Provided by publisher.

"For the Encouragement of Learning addresses the contested history of copyright law in Canada, where the economic and reputational interests of authors and the commercial interests of publishers often conflict with the public interest in access to knowledge. It chronicles Canada's earliest copyright law to explain how pre-Confederation policy-makers understood copyright's normative purpose. Using government and private archives and copyright registration records, Myra Tawfik demonstrates that the nineteenth-century originators of copyright law intended to promote the advancement of learning in schools by encouraging the mass production of educational material. The book reveals that copyright laws were integral features of British North American education policy and highlights the important roles played by teachers, education reformers, and politicians in the emergence and development of the law. It also explains how policy-makers began to consider the relationship between copyright and cultural identity formation once British interference into domestic copyright affairs increased, and as Canadian Confederation neared. Using methodologies at the intersection of legal history and book history, For the Encouragement of Learning embeds the copyright legal framework within the history of Canada's book and print culture."-- Provided by publisher.

• Indian Act
• Highlights of select federal legislation
• Constituton acts
• Indigenous law
• Royal proclamation
• Selected Supreme Court of Canada case summaries

• Introduction
• Institutional relationships and executive dominance
• Charter "vetting" : analysing bureaucratic and executive assessments of rights compatibility
• The legislative process and Charter rights : criminal justice policy and the Harper government
• Legislative responses under the Charter : harm reduction and drug policy
• Legislative responses under the Charter : sex work policy
• Legislative responses under the Charter : medical assistance in dying policy
• Transparency, accountability, and robust legislative scrutiny on rights : possibilities for reform?
• Conclusion.

"Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical aid in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including research interviews and examination of judicial decisions, various bills under study, Hansard debates from the floor of the House of Commons, committee and Senate scrutiny of legislation, bureaucratic advice and Charter statements by the department of justice, and news media coverage. The book offers a set of concrete reform proposals to improve the transparency and accountability of executive and bureaucratic vetting processes, and to strengthen the role of Parliament in upholding constitutional values and holding the government to account. In doing so, Legislating under the Charter contributes to the broader comparative scholarship on models of judicial review, morality policy, policy change, and constitutionalism."-- Provided by publisher.

• Introduction / Kristin Bartenstein and Aldo Chircop
• "The sea is our mainstay" : shipping and the Inuit homeland / Monica Ell-Kanayuk and Claudio Aporta
• Shipping in Arctic marine ecosystems under stress : recognizing and mitigating the threats / Warwick F. Vincent, Connie Lovejoy and Kristin Bartenstein
• Shipping along the Northwest passage : a historical overview / Adam Lajeunesse and P. Whitney Lackenbauer
• Comparative perspectives on the development of Canadian Arctic shipping : impacts of climate change and globalization / Frédéric Lasserre
• Reconsidering Arctic shipping governance through a decolonizing lens / Leah Beveridge
• Unpacking Canada's Arctic shipping safety, security, and defence functions/ Andrea Charron and David Snider
• Canadian icebreaker operations and shipbuilding : challenges and opportunities / Timothy Choi
• Mitigating the tyranny of time and distance : community-based organizations and marine mass rescue operations in Inuit Nunangat / Peter Kikkert, Calvin Aivgak Pedersen, and P. Whitney Lackenbauer
• Canada and the future of Arctic coastal state jurisdiction / Kristin Bartenstein
• The modern case law on the powers and responsibilities of flag states : navigating Canada's Arctic waters / Nigel Bankes
• The Canadian policy, legal and institutional framework for the governance of Arctic shipping / Aldo Chircop
• Goal-based standards, meta-regulation and tripartism in arctic shipping : what prospects in Canadian waters? / Phillip A. Buhler
• Modernizing the governance of passenger vessel operations in the Canadian Arctic / Meagan Greentree
• Governing Canadian Arctic shipping through low-impact shipping corridors / Jackie Dawson and Gloria Song
• The new federal impact Assessment Act and arctic shipping : opportunities for improved governance / Meinhard Doelle, David V. Wright, A. John Sinclair and Simon Dueck
• Indigenous self-determination and the regulation of navigation and shipping in Canadian Arctic waters / Suzanne Lalonde and Nigel Bankes
• Conclusion/ Aldo Chircop and Kristin Bartenstein.

"Shipping in Inuit Nunangat is a timely multidisciplinary volume offering novel insights into key maritime governance issues in Canadian Arctic waters that are Inuit homeland (Inuit Nunangat) in the contemporary context of climate change, growing accessibility of Arctic waters to shipping, the need to protect a highly sensitive environment, and the United Nations Declaration on the Rights of Indigenous Peoples. The volume includes policy, legal and institutional findings and recommendations intended to inform scholars and policymakers on managing the interface between shipping, the marine environment, and Indigenous rights in Arctic waters"-- Provided by publisher.

• The sources and context of lawyers' ethics
• Understanding lawyer's ethics : partisanship and resolute representation
• The lawyer-client relationship
• The practice of advocacy
• Lawyer-client trust and confidence
• Conflicts of interest
• The perjury trilemma
• Examining witnesses : preparation of witnesses and cross-examination
• Lawyers' ethics in the context of criminal law
• Resolute advocacy and access to justice.

"Legal ethics experts Alice Woolley and Amy Salyzyn have written a thorough and scholarly review of the legal and ethical duties every lawyer should follow to manage risk and make prudent decisions in everyday practice. This useful text sets out numerous ethical issues lawyers face in their dealings with clients - complete with analysis, commentary and insight. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice."-- Provided by publisher.

• Introduction
• Tribunal procedure
• Discretion and bias
• Decision-making powers
• Law-making powers
• Appeals from tribunal decisions
• Judicial review procedure
• Scope and standard of judicial review
• Judicial remedies

• Introduction
• Copyright and art in Canada : so, what’s an expression of an original idea? / Paul Bain
• Moral rights : fair or fowl? / Paul Bain
• Copyrights in the United States / John L. Krieger, Caleb Green
• The Visual Artists Rights Act in the United States / John L. Krieger, Caleb Green
• Appropriation art and U.S. copyright law / Ian C. Ballon
• Load, aim, and shoo t: subject rights and the law of the camera / John Tehranian
• The art of trademarks / Sanjukta S. Tole
• Aspects of income tax pertaining to cultural property / Richard Lewin
• Protecting heritage? : imports and exports of cultural property / Paul Bain
• Fake Morrisseau : a case study in the challenges of art fraud litigation / Jonathan J. Sommer
• ‘Tis mine and I will have it … provenance and restitution under Québec civil law / François Le Moine
• Censorship and the visual arts / Brenda Cossman
• Resale payment rights for artists / Deborah A. DeMott
• Restitution of Nazi-looted art in the U.S. / Donald S. Burris

"This book is about the law as it pertains to art in Canada. It includes discussion of cases and controversies"-- Provided by publisher

• Prologue: Foot Fragments and the Cathedral
• Part I. Cutting Stone: Welcome to Law
• 1. The Dean's Speech 2. Frank's Facts 3. Prelude to a Legal Education: Frank's Stories 4. Law School 5. Legal Education Continued
• Part II. Five Dollars a Day: Lawyering in the World
• 6. Farewell to Law School 7. You Will Keep Learning: Frank Iacobucci and the Law of Corporations 8. You Will Lead: Frank Iacobucci as Playmaker 9. You Will Pursue Justice: Frank Iacobucci at the Supreme Court 10. Less than Five Dollars a Day: Nancy Iacobucci as Lawyer 11. Beyond the Court
• Part III. Building a Cathedral: Called to Action
• 12. The Third Worker 13. The Law Class Reunion 14. Cathedral as Project: Residential Schools and Reconciliation 15. Cathedral as Congregation: Mentorship and the Extended Family 16. Cathedral as Identity: Community and Belonging 17. Individuals and the Cathedral: The Maker's Mark
• Epilogue: The Work of Building and the Journey of Justice.
• (source: Nielsen Book Data)

Building Justice draws on the inspiring life of former Canadian Supreme Court Justice Frank Iacobucci to offer insight into the meaning of engaged citizenship through law. Ignoring early advice that he had the wrong kind of name to go to law school, Frank Iacobucci, the son of Italian immigrants, made a name for himself as an outstanding Canadian jurist. Serving as justice of the Supreme Court of Canada from 1991 to 2004, Iacobucci was also professor and dean of law at the University of Toronto and deputy minister of justice for Canada. In Building Justice, Shauna Van Praagh weaves together the voices of individuals whose paths and projects have intersected with those of Frank Iacobucci. The book provides a compelling consideration of the study and practice of law as it follows the stages of Iacobucci's life and career: from his childhood in Vancouver, his practice as a young lawyer, his time at the University of Toronto and with the Federal Department of Justice, his work as a judge at the highest level of court, and his significant engagement with Canada's ongoing response to the legacy of residential schools. Building Justice is a beautifully written biography in which the stories of one jurist serve to explore and illustrate engaged citizenship through law.
(source: Nielsen Book Data)

• Introduction to Canadian constitutional law
• Federalism
• The judiciary
• Indigenous peoples
• Rights

"In this new edition, Patrick Macklem will be joined by a new co-general editor, Carissima Mathen, a leading constitutional expert and professor at the University of Ottawa. In addition to providing a comprehensive introduction to Canadian constitutional law, leading cases, and insightful commentary and discussion, Canadian Constitutional Law, 6e also looks to provide new insight into the book with the addition of new authors, a fresh perspective on many constitutional matters, and expand materials on Indigenous issues in various chapters throughout the book, being informed by the TRC Calls to Action. By doing so, the book will further distinguish itself as the leading book on Canadian constitutional law for use by law schools across the country."-- Provided by publisher

• How to get to Canada
• How to avoid detention
• How to begin proceedings
• How to prepare a claim
• How to make a claim
• How to appeal a refusal
• How to make a pre-removal risk assessment application
• How to live in Canada
• How to stay in Canada
• How to avoid losing refugee protection
• How to leave Canada
• How to return to Canada
• How to sponsor refugees abroad
• How to apply for refugee status from abroad
• How to support refugees
• How to seek a court remedy
• How to seek an international remedy

"This book is a concise treatment of the procedure and strategic elements involved in achieving refugee status for one's client. It goes into practical detail on how to enter Canada, begin proceedings, prepare a claim, conduct a hearing. For unsuccessful applicants, it addresses remedies, including PRRA applications, court remedies, and international remedies. Alternatively, for clients who are already in Canada and are seeking refugee status, several chapters deal with how to stay here, the practicalities of living in Canada, and the ways in which a person could lose refugee protection"-- Provided by publisher

• Introduction: Complex legacies : the promise, challenges, and impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister
• The political purposes of the Charter : four decades later / Mark S. Harding
• Revisiting judicial activism / Emmett Macfarlane
• Revisiting the Charter centralization thesis / Gerald Baier
• Autochthony and influence : the Charter's place in transnational constitutional discourse / Mark Tushnet
• It works in practice, but does it work in theory? : accepting the Canadian Charter of Rights and Freedoms as a national symbol / Andrew McDougall
• Charter talk : how Canadian media cover rights and politics / Erin Crandall, Andrea Lawlor, and Kate Puddister
• Notwithstanding the media : section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides
• Policing partisan self-interest? : the Charter and election law in Canada / Tamara A. Small
• The most important Charter right? The rise and future of Section 7 / Matthew Hennigar
• Sex work, abjection, and the Constitution / Brenda Cossman
• Carter compliance : litigating for access to Medical Assistance in Dying in Canada / Eleni Nicolaides
• The Charter and the RCMP / Kent Roach
• The Charter of whites : systemic racism and critical race equality in Canada / Joshua Sealy-Harrington
• Canada's sex problem : section 15 and women's rights / Kerri A. Froc
• Quebec and the "sign law" thirty years after Ford and Devine : Ford construit solide / James B. Kelly
• Language rights and the Charter : forging the next forty years / Stéphanie Chouinard
• The provincial Courts of Appeal and section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell
• Canadians' homeland has changed since patriation brought the Constitution home / Peter H. Russell
• Indigenous rights and the Constitution Act, 1982 : forty years on and still fishing for rights / Jeremy Patzer and Kiera Ladner
• Using the master's institutional instruments to dismantle the master's goal of Indigenous-Rights certainty / Rebecca Major and Cynthia Stirbys
• Beyond consultation : a research agenda to investigate partnerships and comanagement in land governance / Minh Do
• Indigenous sovereignty, Canadian constitutionalism, and citizens plus : the unended quest of Canada's original hedgefox / Samuel V. LaSelva
• The invisible transformation of Canada's constitutional amendment rules / Richard Albert
• Still not cheering : understanding Quebec's perspective on 1982 / Félix Mathieu and Dave Guénette
• Cracks in the foundation : the Crown and Canada's constitutional architecture / Philippe Lagassé
• The urban gap / Ran Hirschl

"Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change. The patriation of the constitution and the entrenchment of a new bill of rights, Aboriginal and treaty rights, and a homegrown amending formula have had considerable consequences for Canadian governance, public policy, and the evolution of the constitution. Constitutional Crossroads brings together established and rising stars of political science and law not only to develop a robust account of the 1982 constitutional reform but to analyze the ensuing scholarship that has shaped our understanding of the constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada's constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics"-- Provided by publisher

• Choosing among rights
• Principles of criminal law theory
• Principles of instrumental rationality
• Enumerated principles of criminal justice
• A normative approach to constitutionalizing criminal law
• Lessons from the Canadian experience.

"Constitutionalizing Criminal Law" calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The Court has relied heavily on its power to constitutionalize principles of "fundamental justice" under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The Court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the Court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right"-- Provided by publisher.

• Reading words in their entire context : an overview of statutory interpretation
• The modern principle
• Ordinary meaning
• Technical and legal meaning, statutory definitions, interpretation acts and recurring legislative terminology
• Bilingual and bijural meaning
• Original meaning
• Plausible meaning
• Textual analysis
• Purposive analysis
• Consequential analysis : avoiding absurdity
• Coherence, overlap and conflict resolution
• Correcting mistakes, filling gaps, defeating avoidance
• The act as a whole, the statute book as a whole and related legislation
• The components of legislation
• Presumed legislative intent
• Constitutional law
• Common law
• International law
• Human rights legislation
• Legislation relating to Indigenous peoples
• Fiscal legislation
• The external context
• Extrinsic aids
• Temporal operation
• Temporal application
• Territorial application
• Crown immunity

• 1. Controversies in the Common Law: Innovative Solutions and Future Challenges at the Supreme Court of Canada / Vanessa Gruben, Graham Mayeda and Owen Rees
• 2. Reflecting on the Legacy of Chief Justice Mclachlin / Lady Brenda Hale, Baroness of Richmond, President of the Supreme Court of the United Kingdom
• Part 1. Controversies in Private law
• 3. Justice Beverley McLachlin and Tort Law: The Good, the Bad, and the Puzzling / Bruce Feldthusen
• 4. Evaluating Chief Justice McLachlin?s Decisions on ?Residual Policy Considerations? in Negligence / Erika Chamberlain
• 5. Controversey Resolved: Chief Justice Mclachlin, Personal Autonomy, & Unjust Enrichment / Mitchell McInnes
• 6. Selective Deference and the Judicial Role: Chief Justice McLachlin?s Legacy for Law and Legal Education / David Sandomierski
• Part 2. Controversies in Public law
• 7. Combatting Stereotyping & Facilitating Justice: McLachlin?s Vision for the Law of Evidence / David M. Tanovich
• 8. The Continuity of Private and Public Law Reasoning in Chief Justice McLachlin?s Criminal Law Judgments / Graham Mayeda
• 9. Less is More: Chief Justice McLachlin and Criminal Law Minimalism / Matthew R. Gourlay
• 10. Controversies in the Common Law of Judicial Review: Tracing the Contributions of Chief Justice McLachlin / Adam Goldenberg
• 11. The McLachlin Court and the Concept of Open Justice / Eszter Bodnar.

"Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin's approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics - including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court."-- Provided by publisher.

"The eighth edition of Criminal Law has been thoroughly updated to include new developments. It includes a detailed discussion of R v Brown striking down restrictions on the extreme intoxication defence and the likely parliamentary reply, and Parliament's reply in Bill C-28. It also examines changes in jury selection upheld in R v Chouhan; important decisions on fault, such as R v Zora, R v Javanmardi, R v Chung, and R v Goforth; and assesses R v Cowan on parties. The discussion of sexual assault has been updated to take into account R v Barton and the possible implications of R v Morrison. The Supreme Court's first decision under the amended self-defence provisions in R v Khill is reviewed. This new edition also has been revised to include important decisions from the Ontario and Nova Scotia Courts of Appeal on sentencing Black offenders, as well as the Supreme Court's striking down of mandatory minimum fine surcharges and stacking of twenty-five-year periods of parole ineligibility."-- Provided by publisher.

• An overview of criminal procedure and basic concepts
• Detention and arrest
• Search and seizure
• Questioning
• Intake procedures
• Bail
• Disclosure
• Prosecutorial function
• Elections, preliminary inquiries, and preferring the indictment
• Remedies
• Informations and indictments
• Territorial limits
• Temporal limits
• The plea
• Jury selection
• Trial procedure
• Sentencing
• Appeals

• Introduction: The challenge and controversy of free expression
• Does freedom of expression have a future?
• Hate speech, harm, and rights
• Process matters : postal censorship, Your Ward News, and section 2(b) of the Charter
• Freedom of expression in an age of disinformation : Charter considerations for regulating political speech in Canadian elections
• Regulating expression on social media
• The right to protest and counter-protest : complexities and considerations
• Positive rights, negative freedoms, and the margins of expressive freedom
• Compelled speech : a conscience and integrity-based approach
• Balancing freedom of expression and access to the courts : assessing Ontario's anti-SLAPP legislation
• Denial, deplatforming, and democracy : thinking about climate change in the age of social media
• The tension between freedom of expression and language rights in Canada : the Ford and Devine legacy after thirty years
• Teiakwanahstahsontehrha' we extend the rafters
• Faculty free speech in Canada : trends, risks, and possible futures
• On silence : student refrainment from speech
• Deplatforming in theory and practice : the Ann Coulter debacle

Free expression is under threat. Social media and "fake news, " misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.
(source: Nielsen Book Data)