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Have you ever wanted to be a judge? Here's your chance. Sit on the dais beside criminal court judge and author Norm Douglas as he wrestles with difficult decisions that he had to make. This book presents twelve homicide cases and another twelve riveting true-crime cases where you, the reader, are either the judge or the prosecutor. You Be the Judge provides an interactive legal exercise where the readers engage with the daily dilemmas and considerations faced inside the courtroom and gain behind-the-scenes access to the Canadian justice system. Based on Norm Douglas's lifetime contributions to bringing the law into Canadian classrooms, the book is a testament to his career and the complexity of arriving at true justice. Experience a collaborative journey into ethics, morality, and legality as you adjudicate, deliberate, and judge. Perfect for legal enthusiasts, classroom teachers, and aspiring judges.

After the Second World War, human rights law became entrenched in legal discourse as demonstrated by a proliferation of human rights treaties. While the right of asylum was recognized as a fundamental right in the Universal Declaration of Human Rights, it has never been an absolute right but instead has been restricted in various ways -- most significantly, that asylum should not be conferred on criminals and that refugees with a criminal background could be removed from the country of refuge. Exclusion and Refoulement: Criminality in International and Domestic Refugee Law examines the legislative instruments at the international and domestic levels as well as the extensive jurisprudence emanating from these instruments, which has attempted to balance the right of asylum for an individual versus the state of refuge to restrict this right in situations of criminality.

The time of globalization has seen an onslaught of criminal activity that crosses borders. The legal suppression and prosecution of transnational and cross-border crime raise unique and complex legal issues, and law enforcement, lawyers, and judges have struggled to keep up. Transnational & Cross-Border Criminal Law: Canadian Perspectives fills a pronounced gap in Canadian legal literature. Written by subject matter experts, each chapter exposes and analyzes a current and pressing issue in this realm and is designed both to serve as a resource for researchers and to provide cutting-edge insight on front-burner issues. The group of authors -- made up of prosecutors, defence lawyers, government counsel, academics, and civil society advocates -- take on a variety of subjects, including terrorism, financial crime and corruption, jurisdiction, extradition, money laundering, trafficking, maritime enforcement, cross-border evidence-gathering, and the international transfer of prisoners. This unique collection will help to advance general understanding of one of the most pressing public policy issues of our time.

What does the concept of "federalism" mean and how does a federation differ from a unitary state? Professors Brock and Hale focus specifically on Canada as an example of a federal state and explain both the characteristics of Canadian federalism and the evolution of the practice of federalism in the decades since "Confederation." Federalism is not exclusively a legal doctrine. It is a method for the conduct of public affairs that combines a constitutional-legal framework with flexible public administration methodologies. It is a method of governing that naturally incorporates practicality and mutual accommodation among layers of government. It is a vehicle of public life that generates its own controversies, difficulties, and, indeed, sometimes crises, all of which require resolution through that very methodology of federalism. Brock and Hale explore the most fundamental aspects of, and practices in, the Canadian form of federalism and go on to enlighten all readers about a variety of aspects of this form of government.

John Mark Keyes and Wendy Gordon have charted here a complete life cycle of legislation. Drafting, Interpreting, and Applying Legislation begins by discussing what legislation is and what it does, as well as the purposes for which it is used. This informative book then addresses the drafting of legislative texts and the processes for transforming them into law. It goes on to explain how legislation is found, understood, and applied, including the interpretive principles and techniques for resolving disputes about its meaning and application. Among the works dealing with the Canadian system of written laws, it is one of the most comprehensive in scope, encompassing both how legislation is made and how it is interpreted and applied.

Parliament is at the centre of the Canadian system of democratic government and law-making. This primer traces the roots of Canada's Parliament in the United Kingdom and shows how it has developed a distinct Canadian personality since Confederation. Canada's Parliament: A Primer will provide students, citizens, and those in the process of becoming Canadians with a better understanding of how Parliament functions. Steven Chaplin approaches the topic with over fifteen years' experience as a lawyer to the House of Commons, both advising the House and representing it in the courts. He grounds his study in the historical origins of the Canadian Parliament, and he discusses each of its constitutional components -- the Commons, the Senate, and the monarch. The book reaches beyond mere description by showing how, armed with this knowledge, individuals, alone or through political parties, can engage in making Canada's democratic institutions work well for the people of Canada.

Official bilingualism comprises Canadians' ability to deal with their own state authorities, and in matters of public life, in the official language of their choice. In The Recognition of Two Official Languages in Canada, former Supreme Court Justice Bastarache focuses on the evolution and the modern fabric of the bilingual state. The object of this book is to explain the nature of language rights and their importance in Canada's constitutional history. It is intended to educate anyone with an interest in public policy, whether they are students, lawyers, or policy makers, and to inspire in readers a willingness to promote justice in language policies, however best they can. The first chapter presents a list of current language rights in Canada and explains some of the interpretative principles that must be used when analyzing these rights. The next three chapters examine the history of language rights as part of the history of Canada, starting with the pre-Confederation period, then the first few decades following Confederation, and, lastly, the period from the Bilingualism and Biculturalism Commission to today. The final chapter discusses language rights issues present in Canada today, from education to immigration, and looks at some proposed legislative reforms.

Democracy implies the primacy of law over discretion and power. Several disciplines, in particular constitutional law and political science, offer traditional analyses of this reality. Political law is a new way of looking at the state and at statecraft. Gregory Tardi's Political Law in Canada explains that this subject matter is an interdisciplinary combination of the elements of statecraft. This book proposes a new form of analysis, one necessary to a better understanding of the modern Democratic state. It recognizes that the allure of influence and power requires a constant struggle for legality to occupy its rightful role as the cornerstone of Democracy. To achieve this, political law first examines the entire body of instruments of governance -- namely, the law of public institutions and administration, policy instruments, and political instruments. It compares and contrasts the impact of each, based on the binding nature of each type of instrument. Political Law in Canada adds to the understanding of public life by approaching the various instruments as the appropriate vehicles for Democratic governing, rather than merely as constraints on the use of power. It deals with elections; the legislative, executive, and judicial branches; and the accountability to law. The aim of political law is to offer to citizens greater understanding of the conduct of public affairs and of their role as knowledgeable participants in it.

The upper house of the Parliament of Canada plays a vital role in the political life of the country. The Senate reads, indeed on occasion amends, legislation enacted by the House of Commons. It originates studies into topics of currency in government and society. Through its focus on the regions of Canada, it balances the "representation by population" characteristic of the lower house. For all these reasons, any study of Canada that omits the Senate is necessarily incomplete. Gary O'Brien is uniquely placed to offer this study. He holds a PhD in political science from Carleton University, where his dissertation focused on the legislative and parliamentary practices of pre-Confederation Canada. As the twelfth clerk of the Senate for the years 2009-2015 and as a continuing Senate scholar, he is familiar with the history of the institution, with its function in Canadian parliamentary and political life, and with its functioning. This book is a reflection of his experience and expertise.

The law of judicial remedies, which includes the law of damages, ranges over the entire field of substantive private law, including the law of contract, tort, and property. In a pragmatic sense, an examination of the issue of remedies is crucial to civil litigators in that it provides critical insights into specific legal rules and arrangements. From a theoretical perspective, an understanding of the principles governing the choice of remedies and the methods of quantifying damages reveals much about the nature of the common law process. Remedies: The Law of Damages is both a succinct handbook for the practitioner and a rich entry point to the study of judge-made law. Highlights in the third edition include recent developments regarding remedies for breach of contract with alternative modes of performance and wrongfully dismissed employees' entitlement to discretionary benefits. There have been substantial revisions to chapters dealing with damages for personal injury, restitutionary remedies, certainty and causation, remoteness of damages, mitigation, and reasonableness of liquidated damages clauses.

Wigmore on Nicotine is the third book in the author's trilogy of the forensic toxicology and medicolegal aspects of alcohol, cannabis, and now nicotine. Maintaining the same high standards and superb organization of his other books, it is an indispensable source for medical and legal practitioners seeking relevant information about nicotine. Of the three drugs, nicotine is the most poisonous, toxic, and addictive. Explore the fascinating world of nicotine, a neurotoxin and pesticide, and how it has been promoted by the tobacco industry in its many forms and drug delivery systems, including smokeless tobacco, e-cigarettes (JUUL), waterpipes, bidis, and IQOS. Nicotine is a drug that has been mainly ignored by forensic laboratories and by medicolegal professionals, although it is associated with accidental poisonings, driving impairment, house fires, suicides, and homicides. High-potency nicotine liquids sold on the internet as e-liquids make this drug readily available to the general public and will increase its medicolegal significance.

Canadian Family Law will be of special interest to judges, legal practitioners, mediators, arbitrators, parenting coordinators, and other professionals who require an understanding of the law relating to families. It also provides a unique source of information for law students and their professors as well as members of the public who face domestic crises and the threat of marriage breakdown. The ninth edition of Canadian Family Law is a companion volume to Payne and Payne, Child Support Guidelines in Canada, 2022. Previous editions of both texts have been cited in hundreds of judicial decisions across Canada, including the Supreme Court of Canada and appellate courts from coast to coast. Canadian Family Law has also been adopted as required reading in family law courses presented by several colleges and universities across Canada. This new edition incorporates fundamental legislative changes to the Divorce Act. The most fundamental legislative changes replace the loaded terminology of "custody" and "access" orders in favour of "parenting orders" that focus on parenting time and decision-making authority and "contact orders" with respect to third parties. They also establish a detailed non-exhaustive list of criteria to assist courts in determining the "best interests of the child"; call upon prospective litigants and their lawyers to address the feasibility of using out-of-court family dispute resolution services; introduce measures to effectively assist courts in addressing family violence; and create a framework for situations where one parent wishes to relocate a child of the marriage. Chapter 10 provides a detailed description of the legislative changes relating to parenting disputes and the authors venture their opinion concerning the ongoing impact of judicial rulings under the former statutory regime. Additional changes relating to recourse to alternative dispute resolution processes, and issues of a jurisdictional nature were also included in the recent amendments to the Divorce Act. Alternatives to the judicial resolution of family disputes, including collaborative family law, mediation, arbitration, med-arb, and parenting coordination are examined in chapters 1 and 6 of the ninth edition of Canadian Family Law. The jurisdictional changes that came into force on 1 March 2021 are examined in Chapter 7.

The Law of Contracts, third edition, is a thorough revision of this authoritative text in Irwin Law's Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in a variety of topics, including: the impact of the ground-breaking decision in Bhasin v Hrynew on articulating the general organizing principle requiring good-faith performance the effect of the decision of the Supreme Court of Canada in Canada (Attorney General) v Fairmont Hotels Inc on the law of rectification for mistake the continuing development of the Canadian jurisprudence applying the Tercon rule to the enforceability of exculpatory clauses the impact of Uber Technologies Inc v Heller and Douez v Facebook, Inc on the doctrine of unconscionability the potential influence of Southcott Estates Inc v Toronto District Catholic School Board on the law of mitigation and of specific performance The book also incorporates reference to recent Canadian cases on doctrines such as estoppel, privity, interpretation, and appellate review, and discussion of recent leading authorities dealing with such matters as contractual interpretation and the application of the basic principles of formation to e-commerce. The Law of Contracts is an indispensible resource for anyone interested in modern Canadian contract law.

National Security Law, 2e, is about the law governing the Canadian state's response to serious crises -- that is, events that jeopardize its national security. The book approaches national security law as a system, organizing its discussion of law around five themes: structure (the mandate and roles of national security agencies); threats (aggression, terrorism, interference, proliferation, and emergencies); information (domestic and international intelligence collection, sharing, and information secrecy); response (including security screening and assessment, aviation "no fly" listings, passport revocation, immigration detention and removals, peace bonds, preventive detention, threat reduction, defensive and offensive cyber, criminal prosecutions, and use of force); and accountability (national security review). Given the evolution of Canadian law in these areas, this second edition is a comprehensive rewrite of the first edition, first published in 2007. Readers may be interested in this primer course on national security law that the authors have created in support of the book.

In our relationships with every part of government, with companies that provide the goods and services we use, and with other members of society in our personal and working lives, accessing information and controlling who has access to it plays an important role, promoting a range of different rights and interests. Information and Privacy Law in Canada explores how we can access information held by public bodies, what governments and other organizations can do with information about us, and how we can use the courts or other mechanisms to hold others accountable when they violate our privacy or misuse our personal information. It examines privacy as a multi-faceted concept that includes control over information about ourselves, but also protection of our identities, our personal space, and even our bodies from unwanted scrutiny and interference. Information and privacy law is a broad and varied field that includes principles and remedies in the common law and civil law, as well as many federal, provincial, and territorial statutes and regulations. Increasingly, Canadian law in this field is influenced by developments in other parts of the world. Information and Privacy Law in Canada aims to provide a comprehensive introduction to this important and dynamic area of the law, which can help readers gain a concrete understanding of its main elements and serve as a foundation for further investigation.

Individual Employment Law has been significantly revised and updated to include legislative and caselaw developments from 2000 to 2008. It gives an overview of employment contracts and employment relationships as they are dealt with both by common law and statute, including human rights issues, occupational health and safety, and industrial standards legislation. The book treats obligations of both employers and employees, the enforcement of employment rights in multiple forums, and contains an in-depth examination of termination of employment.

While continuing to provide a comprehensive introductory guide to environmental law in Canada, this fifth edition of Environmental Law incorporates discussion of recent developments in environmental litigation and regulation alongside reference to key statutory developments from the past half decade. In addition, important updates and revisions highlight significant developments in several central areas, notably federal and provincial climate change action following the 2015 Paris Agreement and issues associated with Aboriginal consultation, the United Nations Declaration on the Rights of Indigenous Peoples, and traditional environmental knowledge. Essential developments relating to human rights and the environment at both the national and international levels have been included alongside discussion of changes in environmental valuation and compensation, liability for spills and remediation, and polluter-pays jurisprudence. Recent judicial and administrative decisions affecting environmental assessment and involving NAFTA prior to the 2018 round of Canada-US-Mexico negotiations are also covered. Chapters on toxic substances, protected areas, endangered species, and economic incentives for environmental protection also reflect current legal activity and policy proposals.

Section 7 of the Canadian Charter of Rights and Freedoms provides that "[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." This book analyzes all aspects of section 7. It outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1. The second edition has been extensively revised to take into account several significant changes in the law over the last several years, including the Supreme Court of Canada's decisions in Bedford (sex work) and Carter (medically assisted dying).

This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as police powers to search, detain, or arrest; the right to counsel; interim release; disclosure and production; informations and indictments; jury selection and deliberation; trial within a reasonable time; and appeals. This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code, including powers of arrest, preliminary inquiries, and the jury selection process. In addition, it includes discussion of significant new Supreme Court of Canada cases, such as Le on arbitrary detention and racial profiling; Fleming v Ontario on powers of arrest; Saeed on search incident to arrest; Marakah, Jones, Reeves, and Mills on reasonable expectation of privacy; Antic on bail; and Jordan, Cody, and KJM on trial within a reasonable time.

The Law of Evidence, by David M Paciocco, Palma Paciocco, and Lee Stuesser, is Canada's leading text in evidentiary law in both criminal and civil cases. For more than two decades, it has been relied upon by judges, practitioners, and scholars in the courtroom and in the classroom. The strength of the book is that it does not simply organize and describe the most important topics in the law of evidence; it is designed to simultaneously teach the law of evidence and provide a concise reference source of the leading authorities. In this newest edition of this frequently cited book, the authors continue the practice of organizing, explaining, and illustrating the law of evidence clearly, simply, and practically. The Law of Evidence, 8e, provides authoritative analyses of new cases, and portions of the book have been rewritten or reorganized to enhance discussion of the most important topics in evidentiary law.

Law and Mental Disorder: A Comprehensive and Practical Approach is an encyclopedic medico-legal overview of forensics issues. With 60 chapters, and over 50 contributors, the topics range from an introduction to the legal system for psychiatrists, to pharmacological treatments for sex offenders, to the pathways to conduct disorder amongst children. The book has been written for a professional audience of psychiatrists, resident psychiatrists, and related heath professionals as well as legal professionals (judges, lawyers), and justice system professionals.

Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.

This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada, both in theory and practice. It is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships and corporations to carry on small businesses as well as a thorough introduction to the law and policy of public company governance. The fourth edition has been fully updated to reflect developments in the caselaw and statutory reforms in the last decade. Dozens of new cases are cited. The 2018 amendments to the Canada Business Corporations Act are discussed, including the requirements for public corporations to report on the diversity of their boards of directors that are not yet in force. The chapters on securities law, corporate governance, and corporate social responsibility have been significantly expanded. As well, features to improve the utility of the book have been added, such as more comprehensive cross-referencing throughout the text.

In recent years, trust law has continued to expand its influence at a rapid pace, particularly in the area of pension trusts, where it plays a key role in resolving conflicts over the administration, creation, termination, and revocation of pension funds. The flexible nature of trusts results in its continued development, especially in the areas of resulting and constructive trusts. This new edition offers substantially revised chapters on both types of trust, as well as many more caselaw references. Chapter 6 explores the various situations in which a resulting trust can arise, examines the important role of intention in finding a resulting trust, and analyzes recent pronouncements by the Supreme Court on the presumptions of resulting trust and advancement. Chapter 7 offers an updated discussion of the constructive trust, which courts increasingly employ as a tool for remedying unjust enrichment in cohabitation cases.

The Law of Sentencing by Allan Manson is intended to provide a summary of the legal principles and rules that shape the current process of sentencing in Canada. The book will appeal to seasoned practitioners and law students alike. Following a discussion of the historical and philosophical context in which sentencing occurs, the book then examines the decision-making methodology, particularly the relevant rules and principles that the judiciary applies when sentencing offenders. It explains the structure and procedure of the sentence hearing and provides a detailed account of all available sentencing options. Separate attention is paid to the specific issues of sentencing in homicide cases, and preventative detention. Finally it examines the appeal process and the role of appellate courts. The book includes a postscript on the Supreme Court of Canada decision in R v. Latimer.

Canada's criminal courts have struggled to deal effectively with the increase in mentally disordered accused. In 2017, we mark the twenty-fifth anniversary of the proclamation of Bill C-30, which introduced landmark amendments to the Criminal Code as it pertains to mentally disordered accused. Since then, certain provinces have implemented mental health courts and "diversion" programs in an effort to connect the mentally disordered accused with the civil mental health care systems. Following the overwhelming success of its first edition, this book further examines the logical and temporal sequence of the issues a mentally disordered accused is likely to encounter from arrest to sentencing. This new edition of Mental Disorder and the Law aims to provide a succinct overview of the key topics that judges, Crown and defence counsel, and mental health providers face in their day-to-day work with mentally disordered offenders.

The fifth edition of Constitutional Law represents a significant update of the fourth edition, published in 2013. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, Indigenous title, and inter-jurisdictional immunity. This book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice. Professor Monahan authored the first three editions of this text, and invited Mr. Byron Shaw to join him as a co-author for the fourth edition. Mr. Padraic Ryan has now joined in this most recent revision. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. The authors discuss issues in sufficient detail so that the book will be of value to lawyers who encounter constitutional issues in their daily practice. Constitutional Law has been cited with approval by provincial and territorial appellate courts, as well as by the Supreme Court of Canada.

Cited in numerous judicial decisions across Canada, The Law of Torts is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law, as well as the social policies underlying the law. As with its previous editions, this book reviews the foundations, characteristics, and objectives of tort law with specific discussions of negligence, intentional torts, strict liability, vicarious liability, nuisance, and defamation. It explains the relationships between tort law and other branches of private law, including contract law and restitution, and between tort law and public law, particularly the Charter of Rights and Freedoms. The sixth edition explores current trends in judicial decision-making by incorporating significant developments in the law, including a discussion of Supreme Court decisions in the areas of psychiatric injury in negligence law, the scope of the duty of care in negligent misrepresentation, and the role of intervening causes in negligence litigation. The text also discusses new initiatives in the areas of privacy, the responsibility of lawyers who refer their clients to other professionals, human trafficking, and anti-SLAPP legislation.

Discrimination Stories: Exclusion, Law, and Everyday Life explores diverse legal cases brought before courts and human rights tribunals to help us understand the development of anti-discrimination law in Canada. The cases take us into -- and teach us about -- the concrete realities of inequality in everyday life.

Craig Jones, lead counsel for the Attorney General of BC, describes the case that was developed against polygamy, drawing from fields as diverse as anthropology, history, economics, and evolutionary psychology. Ultimately it was the testimony of real people that demonstrated the real harms of polygamy's "cruel arithmetic" .