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Rights-Based Restorative Justice in Canada: From Silence to Citizenship

Shannon A. Moore and Richard C. Mitchell

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0014
Subject:
Law, Family Law, Human Rights and Immigration

This chapter presents selected preliminary findings from an exploratory, qualitative study that began in 2008 utilizing grounded theory, analytical and methodological procedures to investigate ... More


The International Reach of Canadian Competition Law

Edward M. Iacobucci

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0003
Subject:
Law, Public International Law

In a small, open economy like Canada's, it would be plainly incomplete to think of antitrust law and policy as involving only domestic interests. This has always been true, but of course this has ... More


Canada

Stéphane Beaulac and John H. Currie

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0005
Subject:
Law, Public International Law

With two exceptions, Canada's written Constitution is silent on international agreements and treaties. This is because Canada was a British Dominion rather than a sovereign state at the time of ... More


British Justice, English Law, and Canadian Legal Culture

Philip Girard

in Canada and the British Empire

Published in print:
2010
Published Online:
October 2011
ISBN:
9780199563746
eISBN:
9780191701900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199563746.003.0014
Subject:
History, World Modern History

This chapter examines British justice, English law, and the Canadian legal culture. It clarifies that there is no such thing as British law and it was English law that was introduced in British North ... More


Canada

Phillip M Saunders

in The Privileges and Immunities of International Organizations in Domestic Courts

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199679409
eISBN:
9780191758478
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679409.003.0005
Subject:
Law, Public International Law, Comparative Law

This chapter examines the influence of transnational dialogue on the development of the Canadian law to date, and in particular the prospects and possible pitfalls with regard to its further ... More


Childbirth and the Law

John Seymour

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.001.0001
Subject:
Law, Medical Law

This book examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. ... More


Systematic Government Access to Private-Sector Data in Canada

Jane Bailey and Sara Shayan

in Bulk Collection: Systematic Government Access to Private-Sector Data

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190685515
eISBN:
9780190685546
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190685515.003.0007
Subject:
Law, Company and Commercial Law, Constitutional and Administrative Law

This chapter focuses on Canadian law as it applies to government access to private-sector data. The Canadian Charter of Rights and Freedoms implicitly provides constitutional protection of privacy by ... More


Sham in the Canadian Courts

Glen Loutzenhiser

in Sham Transactions

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685349
eISBN:
9780191770531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685349.003.0014
Subject:
Law, Company and Commercial Law, Philosophy of Law

This chapter examines the application of sham as a judicial anti-avoidance doctrine in Canadian tax law. It considers two relatively recent Federal Court of Appeal decisions that not only demonstrate ... More


5 Alimony in Context: A Comparative Perspective

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0006
Subject:
Law, Family Law

Alimony law draws on the culture it serves. Its role in any particular place is thus part of a larger picture of cultural views of the meaning and duration of intimate commitment and of individual ... More


Alimony in Context: A Comparative Perspective

Cynthia Lee Starnes

in The Marriage Buyout: The Troubled Trajectory of U.S. Alimony Law

Published in print:
2014
Published Online:
March 2016
ISBN:
9780814708248
eISBN:
9780814708477
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814708248.003.0006
Subject:
Law, Family Law

Alimony law draws on the culture it serves. Its role in any particular place is thus part of a larger picture of cultural views of the meaning and duration of intimate commitment and of individual ... More


Proportionality as a General Principle of Law

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0003
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines whether the principle of proportionality should be relevant to investor–State arbitration. It first examines the role of the principle of proportionality in various domestic ... More


Legal Intervention when a Fetus is Threatened or Harmed

John Seymour

in Childbirth and the Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.003.0002
Subject:
Law, Medical Law

This chapter examines how the law in the United States, Canada, and England has responded to parental behaviour which threatens the welfare of a fetus or causes it harm. The aim of the various legal ... More


Authors, Users, and Pirates: Copyright Law and Subjectivity

James Meese

Published in print:
2018
Published Online:
September 2018
ISBN:
9780262037440
eISBN:
9780262344517
Item type:
book
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262037440.001.0001
Subject:
Society and Culture, Technology and Society

How should we think about authorship, use and piracy in an era of media convergence? How does the growing focus on amateur creativity impact on existing legal and cultural understandings of around ... More


Dignity, Equality, and Comparison

Denise Réaume

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0002
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter explores the comparative dimension of discrimination, in particular, in cases where courts' use comparison to assess equality claims. The language of comparison in cases indicates the ... More


Why Protect Possession?

Descheemaeker Eric

in The Consequences of Possession

Published in print:
2014
Published Online:
May 2015
ISBN:
9780748693641
eISBN:
9781474400930
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748693641.003.0002
Subject:
Law, Comparative Law

Using a comparative analysis – mainly looking at French law with some incursions into English law – this chapter examines the effects of possession through the example of possessory protection in ... More


The Avoiding Role of National Courts: Law as a Political Doctrine

Sharon Weill

in The Role of National Courts in Applying International Humanitarian Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685424
eISBN:
9780191765643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685424.003.0003
Subject:
Law, Public International Law, Comparative Law

This chapter discusses the avoiding role of courts. Courts, motivated by policy considerations, avoid exercising their jurisdiction over a given case. It first analyses the construction of the act of ... More


Solitary Confinement in Canada

Joseph J. Arvay and Alison M. Latimer

in Solitary Confinement: Effects, Practices, and Pathways toward Reform

Published in print:
2019
Published Online:
December 2019
ISBN:
9780190947927
eISBN:
9780190947934
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190947927.003.0020
Subject:
Law, Criminal Law and Criminology

On January 17, 2018, a historic decision put Canada at the forefront of an international movement against solitary confinement. A trial judge found that administrative segregation is a form of ... More


Intestate Succession in Quebec

Lionel Smith

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0003
Subject:
Law, Comparative Law, Family Law

Quebec’s civil law of intestate succession was initially derived from French customary law and continues to bear some imprint of this origin, despite its evolution over the years. Since 1866, it has ... More


Unfit to Stand Trial Canadian Law and Practice

Gerry Ferguson

in Fitness to Plead: International and Comparative Perspectives

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.003.0006
Subject:
Law, Comparative Law

This chapter examines the Canadian law of fitness to stand trial, which has remained largely the same since its codification in 1992. It examines two major weaknesses of that law. First, the ... More


Defenses of Pornography

Andrew Altman

in Debating Pornography

Published in print:
2019
Published Online:
December 2018
ISBN:
9780199358700
eISBN:
9780199358731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199358700.003.0010
Subject:
Philosophy, Moral Philosophy, Feminist Philosophy

This chapter addresses criticisms of the sex equality approach from those who argue that pornography is a right flowing from a right to freedom of expression—the free speech defense of pornography, ... More


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