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Hill Times, Health Policy Review, 17NOV2014
TWENTY-FIFTH YEAR, NO. 1260 CANADA’S POLITICS AND GOVERNMENT NEWSWEEKLY MONDAY, NOVEMBER 17, 2014 $4.00 HEARD ON THE HILL BUZZ NEWS HARASSMENT Artist paints Queen, other prominent MPs like ‘kings, queens in their people, wants a national portrait gallery little domains,’ contribute to ‘culture of silence’: Clancy BY LAURA RYCKEWAERT “The combination of power and testosterone often leads, unfortu- n arm’s-length process needs nately, to poor judgment, especially Ato be established to deal in a system where there has been with allegations of misconduct no real process to date,” said Nancy or harassment—sexual and Peckford, executive director of otherwise—on Parliament Hill, Equal Voice Canada, a multi-par- say experts, as the culture on tisan organization focused on the Hill is more conducive to getting more women elected. inappropriate behaviour than the average workplace. Continued on page 14 NEWS HARASSMENT Campbell, Proctor call on two unnamed NDP harassment victims to speak up publicly BY ABBAS RANA Liberal Senator and a former A NDP MP say the two un- identifi ed NDP MPs who have You don’t say: Queen Elizabeth, oil on canvas, by artist Lorena Ziraldo. Ms. Ziraldo said she got fed up that Ottawa doesn’t have accused two now-suspended a national portrait gallery, so started her own, kind of, or at least until Nov. 22. Read HOH p. 2. Photograph courtesy of Lorena Ziraldo Liberal MPs of “serious person- al misconduct” should identify themselves publicly and share their experiences with Canadians, NEWS LEGISLATION arguing that it is not only a ques- tion of fairness, but would also be returns on Monday, as the race helpful to address the issue in a Feds to push ahead on begins to move bills through the transparent fashion. -
Horizon Book of Authorities
PATENTED MEDICINE PRICES REVIEW BOARD IN THE MATTER OF THE PATENT ACT R.S.C. 1985, C. P-4, AS AMENDED AND IN THE MATTER OF HORIZON PHARMA PLC (THE “RESPONDENT”) AND THE MEDICINE CYSTEAMINE BITARTRATE SOLD BY THE RESPONDENT UNDER THE TRADE NAME PROCYSBI® BOOK OF AUTHORITIES OF THE RESPONDENT (MOTION TO BIFURCATE, STRIKE EVIDENCE AND FOR THE INSPECTION AND PRODUCTION OF DOCUMENTS) Torys LLP 79 Wellington St. W., Suite 3000 Toronto ON M5K 1N2 Fax: 416.865.7380 Sheila R. Block Tel: 416.865.7319 [email protected] Andrew M. Shaughnessy Tel: 416.865.8171 [email protected] Rachael Saab Tel: 416.865.7676 [email protected] Stacey Reisman Tel: 416.865.7537 [email protected] Counsel to Respondent, Horizon Pharma PLC INDEX 1. Board Decision – Alexion Pharmaceuticals Inc. and the Medicine “Soliris” (September 20, 2017) 2. Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2019 FC 734 3. Celgene Corp. v. Canada (Attorney General), 2011 SCC 1 4. Board Decision – Alexion Pharmaceuticals Inc. and the Medicine “Soliris” (March 29, 2016) 5. Mayne Pharma (Canada) Inc. v. Aventis Pharma Inc., 2005 FCA 50 6. P.S. Partsource Inc. v. Canadian Tire Corp., 2001 FCA 8 7. Harrop (Litigation Guardian of) v. Harrop, 2010 ONCA 390 8. Merck & Co v. Canada (Minister of Health), 2003 FC 1511 9. Vancouver Airport Authority v. Commissioner of Competition, 2018 FCA 24 10. Merck & Co, Inc. v. Canada (Minister of Health), 2003 FC 1242 11. H-D Michigan Inc. v. Berrada, 2007 FC 995 12. Roger T. Hughes, Arthur Renaud & Trent Horne, Canadian Federal Courts Practice 2019 (Toronto: LexisNexis Canada Inc., 2019) 13. -
Canadian Cases on Pensions & Benefits
CANADIAN CASES ON PENSIONS & BENEFITS Recueil de jurisprudence canadienne en mati`ere de retraite et d’avantages sociaux VOLUME 89 (Cited 89 C.C.P.B.) EDITOR/REDACTRICE´ Andrea Boctor, B.COMM., LL.B. Stikeman Elliott, Toronto ASSOCIATE EDITORS/REDACTEURS´ ADJOINTS Bruce Pollock, B.COMM., LL.B. Michel Legendre, B.A., LL.L. Stikeman Elliott, Toronto Stikeman Elliott, Montr´eal Catherine A. Jenner, B.A., M.L.S., LL.B., B.C.L. Stikeman Elliott, Montr´eal CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Jeffrey D. Mitchell, B.A., M.A. Director, Editorial Production and Manufacturing Catherine Bennett, B.A., LL.B., LL.M. Product Development Manager Sharon Yale, LL.B., M.A. Julia Fischer, B.A.(HON.), LL.B. Supervisor, Legal Writing Acting Supervisor, Legal Writing Susan Koster, B.A.(HON.), LL.B. Lori Lockwood, B.A.(HON.), LL.B. Lead Legal Writer Senior Legal Writer Barbara Roberts, B.A.(HON.), LL.B. Bridget Mak, B.A.(HON.), LL.B. Senior Legal Writer Legal Writer Rachel Bernstein, B.A.(HON.), J.D. Andrea Toews, B.A., LL.B., LL.M. Legal Writer Legal Writer Mark Koskie, B.A.(HON.), M.A., LL.B. Martin-Fran¸cois Parent, LL.B., Legal Writer LL.M., DEA (PARIS II) Bilingual Legal Writer Michel Marison, B.A.(HON.) Bilingual Content Editor CANADIAN CASES ON PENSIONS AND BENEFITS, a national series of Recueil de jurisprudence canadienne en mati`ere de retraite et annotated topical law reports, is published 12 times per year. Subscription d’avantages sociaux, une s´erie nationale de recueils de jurisprudence rate $397.00 per bound volume including parts. -
Queen's Law Reports 2018
Queen’s LAW REPORTS 2018 ’ DEAN’S MESSAGE DEAN’S COUNCIL MEMBERS Sheila A. Murray, Law’82 (Com’79) Chair President and General Counsel CI Financial Corp. David Sharpe, Law’95 Vice- Chair President and CEO Bridging Finance Inc. David Allgood, Law’74 (Arts’70) Past Chair Counsel Dentons Canada LLP Peter Brady, Law’96 Partner McCarthy Tétrault LLP Betty DelBianco, Law’84 Chief Legal and Administrative Officer Celestica Inc. James Dorr, Law’87 (Artsci’84) General Counsel & Secretary GREG BLACK GREG Orbis Investment Management Ltd. Janet Fuhrer, Law’85 en years ago, if you’d said my tenure as Dean would include an alumni Partner Tmagazine with this cover, I would have laughed politely and asked what you Ridout & Maybee LLP were smoking. But as anyone in the legal field knows, change is the one constant. Peter Griffin, Law’77 Marijuana legalization, as it happens, is a good way to highlight the breadth Managing Partner, Toronto Office and depth of our alumni and their accomplishments. From public policymakers Lenczner Slaght Royce Smith Griffin LLP to the funding of Indigenous enterprise, our alumni are leading the way in all Jennifer Keenan, Law’90 walks of life and affecting all areas of Canadian society. Chair, Board of Directors Change also means goodbyes – and a fond farewell to Don Stuart upon his Dignitas International retirement. Canada’s most cited criminal law expert, he has been a beloved member of our faculty for decades. We are sharing a short overview of his storied Kelley McKinnon, Law’88 (Artsci’85) career here. VP and Chief Compliance Officer Our alumni features also serve to show how the law is changing. -
Torture of Afghan Detainees Canada’S Alleged Complicity and the Need for a Public Inquiry
Canadian Centre for Policy Alternatives | Rideau Institute on International Affairs September 2015 Torture of Afghan Detainees Canada’s Alleged Complicity and the Need for a Public Inquiry Omar Sabry www.policyalternatives.ca RESEARCH ANALYSIS SOLUTIONS About the Author Omar Sabry is a human rights researcher and ad- vocate based in Ottawa. He has previously worked in the Office of the Co-Investigating Judges at the United Nations Assistance to the Khmer Rouge Tri- als, for the United Nations High Commissioner for Refugees in Lebanon, and for Human Rights Watch in Egypt. He holds a Master of Arts in International Politics (with a focus on International Law) from the University of Ottawa, and a Bachelor of Arts in Philosophy from the University of Toronto. ISBN 978-1-77125-231-7 Acknowledgements This report is available free of charge at www. policyalternatives.ca. Printed copies may be or- Peggy Mason, President of the Rideau Institute; dered through the CCPA National Office for $10. Paul Champ, lawyer at Champ & Associates; and Alex Neve, Secretary General of Amnesty Interna- PleAse mAke A donAtIon... tional Canada, provided feedback in the produc- Help us to continue to offer our tion of this report. Meera Chander and Fawaz Fakim, publications free online. interns at the Rideau Institute, provided research assistance. Maude Downey and Janet Shorten pro- With your support we can continue to produce high vided editing assistance. quality research — and make sure it gets into the hands of citizens, journalists, policy makers and progres- sive organizations. Visit www.policyalternatives.ca or call 613-563-1341 for more information. -
IMMIGRATION LAW REPORTER Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence En Droit De L’Immigration VOLUME 5 (Cited 5 Imm
IMMIGRATION LAW REPORTER Fourth Series/Quatri`eme s´erie Recueil de jurisprudence en droit de l’immigration VOLUME 5 (Cited 5 Imm. L.R. (4th)) EDITORS-IN-CHIEF/REDACTEURS´ EN CHEF Cecil L. Rotenberg, Q.C. Mario D. Bellissimo, LL.B. Barrister & Solicitor Ormston, Bellissimo, Rotenberg Don Mills, Ontario Toronto, Ontario Certified Specialist Certified Specialist ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Randolph Hahn, D.PHIL.(OXON), LL.B. Guberman, Garson Toronto, Ontario Certified Specialist CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Directrice des activit´es li´ees au contenu principal Graham B. Peddie, LL.B. Product Development Manager Sharon Yale, LL.B., M.A. Jennifer Weinberger, B.A.(HONS.), Supervisor, Legal Writing J.D. Supervisor, Legal Writing Peter Bondy, B.A.(HONS.), LL.B. Heather Stone, B.A., LL.B. Lead Legal Writer Lead Legal Writer Rachel Bernstein, B.A.(HONS.), J.D. Peggy Gibbons, B.A.(HONS.), LL.B. Legal Writer Senior Legal Writer Jim Fitch, B.A., LL.B. Stephanie Hanna, B.A., M.A., LL.B. Senior Legal Writer Senior Legal Writer Mark Koskie, B.A.(HONS.), M.A., LL.B. Nicole Ross, B.A., LL.B. Legal Writer Legal Writer Amanda Stewart, B.A.(HONS.), LL.B. Martin-Fran¸cois Parent, LL.B., Senior Legal Writer LL.M., DEA (PARIS II) Bilingual Legal Writer Erin McIntosh, B.A.(HONS.) Content Editor IMMIGRATION LAW REPORTER, a national series of topical law reports, Recueil de jurisprudence en droit de l’immigration, une s´erie nationale de is published twelve times per year. -
The Role of the Federal Court of Appeal In
SEMINAR ON THE FEDERAL COURTS WITH THE MONTREAL BAR TUESDAY, MAY 4, 2010, AT 4:30P.M. 30 McGILL ST.. MONTREAL "PROMPT RESOLUTION OF EVERY CASE, ON REQUEST" The role ofthe Federal Court ofAppeal in the prompt resolution ofcases Hello and thank you for inviting me to talk to you today on an important subject: the prompt resolution of cases in the Federal Courts, and specifically in the Federal Court of Appeal. I will repeat to you what my friend, the Honourable Michel Robert, Chief Justice ofthe Court of Appeal of Quebec, recently confided to me by telephone about his own court's success in case management and mediation. He explained to me that the Court of Appeal of Quebec does very little mediation because ofthe success achieved by the lower courts in this area. At the Federal Court of Appeal, we are also the beneficiaries ofthe effective work done by the Federal Court's judges and prothonotaries. In other words, we are the victims of our own success. In fact, we do not receive requests for mediation at the Federal Court of Appeal. It must be remembered that the Federal Court of Appeal is different from the Federal Court in many respects: for example, we have no witnesses, no evidence, few or no interlocutory motions, etc. Nor do we have prothonotaries, experts in case management and mediation, to help us. As you know, three Federal Court of Appeal judges sit together, and we often travel across the country to hear cases according to the needsArchive ofthe parties. That said, I remain open to the idea and I encourage you to submit your requests or motions for mediation to the Court of Appeal ifyou believe that this could be useful for your clients. -
Soldiers Against Orders: a Radical Form of Civil Disobedience?
群馬大学留学生センター論集 第6号 51―59頁 2006 51 Soldiers against Orders: A Radical Form of Civil Disobedience? ICHIKAWA Hiromi When you think of the long and gloomy history of man,you will find far more,and far more hideous, crimes have been committed in the name of obedience than have ever been committed in the name of rebellion. ---Charles P.Snow 1961 Soldiers destroy houses,hurt and kill people in a battlefield. At the same time,they also will be attacked and might be killed. Soldiers,who are both assailant and victims,develop original activity based on experience in a battlefield and in the armed forces. There are soldiers choosing absence without leave (AWOL)or desertion that does not come back to their units. There are soldiers who are applying for conscientious objector status and who refuse certain orders (selec- tive objection). The principle that is important in the armed forces is “an order and obedience”,and a soldier is considered to obey orders of a senior officer. However,soldiers are also human beings and do not always obey an order like a machine. Sometimes they are willing to obey orders,sometimes against their will and sometimes they way disobey. There are various kinds of resistance done by soldiers. They sometimes choose sabotage,or engage in an anti-war movement on holidays. There are soldiers who go to AWOL and become deserters,and there is even a case of“fragging”, killing a senior officer in a battlefield. After World War II,it becomes obvious among international laws that the right to conscien- tious objection to military service should be guaranteed. -
CANADIAN MILITARY LAW SENTENCING UNDER the NATIONAL DEFENCE ACT." PERSPECTIVES and MUSINGS of a FORMER SOLDIER Colonel (Ret.) Me Michel W
39 1 CANADIAN MILITARY LAW SENTENCING UNDER THE NATIONAL DEFENCE ACT." PERSPECTIVES AND MUSINGS OF A FORMER SOLDIER Colonel (Ret.) Me Michel W. Drapeau' Ottawa The Canadian Charter ofRights and Freedoms recognizes the existence of the militaryjustice system and its own tribunals operating in parallel to the Canadian criminal law system. Yet, there continues to be an absolutepaucity of any reference works on military law and members of the Canadian military bar are seldom heard or read. This article aims atfilling the void, at least in part. In writing this article, the author, who servedfor 34 years in general staff and command positions in the Canadian Forces, had two general purposes in mind: a) to present the general reader with a general overview ofthe history, customs, organization, and structure ofthe military personnel system, and b) to provide a reference work presenting a detailed view ofthe Code ofMilitary Discipline, both in its contents and its workings. Finally, in light ofthe extensive changes in 1999 to the National Defence Act and the accompanying regulations, the author concludes by reviewing the nature and impact of each of the punishments that may be imposed by a military tribunal or the Court Martial Appeal Court ofCanada to those who are subject to the Code ofService Discipline. La Charte canadienne des droits et libertés reconnaît la eo-existence d'un système de justice militaire avec ses propres tribunaux en parallèle avec le droit pénal canadien. Cependant, même si de nombreux livres ont décrit et interprété l'histoire militaire canadienne, il existe présentement aucun ouvrage sur le droit militaire et les praticiens de ce droit se font que très rarement entendre. -
Investigation Into Possible Freight Rail Service Issues in the Vancouver Area, Pursuant to Subsection 116(1.11) of the Canada Transportation Act, S.C
Agency File No. 19-00189 CANADIAN TRANSPORTATION AGENCY IN THE MATTER OF: Investigation into possible freight rail service issues in the Vancouver area, pursuant to subsection 116(1.11) of the Canada Transportation Act, S.C. 1996, c.10, as amended BETWEEN: CANADIAN TRANSPORTATION AGENCY - and – CANADIAN NATIONAL RAILWAY COMPANY AUTHORITIES TO THE RESPONSE ON BEHALF OF CANADIAN NATIONAL RAILWAY COMPANY 1500, 410 22nd Street East Saskatoon SK S7K 5T6 Lawyer in charge of file: Douglas C. Hodson, Q.C. Phone: (306) 975-7101 Fax: (306) 975-7145 Email: [email protected] LIST OF AUTHORITIES Case Authorities Tab 2747-3174 Québec Inc. c. Québec (Régie des permis d'alcool), [1996] 3 SCR 919 ................................... A A.L. Patchett & Sons Ltd. v Pacific Great Eastern Railway, [1959] SCR 271 .............................................. B Arsenault v Treasury Board (Department of National Defence), 2016 FCA 179 .......................................... C Baker v Canada (Minister of Citizenship & Immigration), 1999 SCC 699 .................................................... D Bell Canada v 7262591 Canada Ltd., 2018 FCA 174 ................................................................................... E Canadian Cable Television Assn. v American College Sports Collective of Canada Inc., [1991] 3 FC 626 (FCA) ................................................................................................................................................ F Canadian National Railway v Viterra Inc., 2017 FCA 6 .............................................................................. -
THE SIX-MINUTE Administrative Lawyer 2017
THE SIX-MINUTE Administrative Lawyer 2017 chairs Jeff Cowan WeirFoulds LLP Margaret Leighton Counsel to the Executive Chair/Manager of Legal Services Social Justice Tribunals of Ontario March 1, 2017 *CLE17-0020801-A-PUB* DISCLAIMER: This work appears as part of The Law Society of Upper Canada’s initiatives in Continuing Professional Development (CPD). It provides information and various opinions to help legal professionals maintain and enhance their competence. It does not, however, represent or embody any official position of, or statement by, the Society, except where specifically indicated; nor does it attempt to set forth definitive practice standards or to provide legal advice. Precedents and other material contained herein should be used prudently, as nothing in the work relieves readers of their responsibility to assess the material in light of their own professional experience. No warranty is made with regards to this work. The Society can accept no responsibility for any errors or omissions, and expressly disclaims any such responsibility. © 2017 All Rights Reserved This compilation of collective works is copyrighted by The Law Society of Upper Canada. The individual documents remain the property of the original authors or their assignees. The Law Society of Upper Canada 130 Queen Street West, Toronto, ON M5H 2N6 Phone: 416-947-3315 or 1-800-668-7380 Ext. 3315 Fax: 416-947-3991 E-mail: [email protected] www.lsuc.on.ca Library and Archives Canada Cataloguing in Publication The Six-Minute Administrative Lawyer 2017 ISBN 978-1-77094-809-0 (Hardcopy) ISBN 978-1-77094-810-6 (PDF) THE SIX-MINUTE Administrative Lawyer 2017 Chairs: Jeff Cowan WeirFoulds LLP Margaret Leighton Counsel to the Executive Chair/Manager of Legal Services Social Justice Tribunals Ontario March 1, 2017 9:00 a.m. -
Legal Proceedings Available to Individuals Before the Highest Courts: a Comparative Law Perspective
Legal Proceedings available to Individuals before the Highest Courts: A Comparative Law Perspective Canada STUDY EPRS | European Parliamentary Research Service Comparative Law Library Unit October 2017 - PE 608.733 LEGAL PROCEEDINGS AVAILABLE TO INDIVIDUALS BEFORE THE HIGHEST COURTS: A COMPARATIVE LAW PERSPECTIVE Canada STUDY October 2017 Abstract This study is part of a wider project seeking to investigate, from a comparative law perspective, judicial proceedings available to individuals before the highest courts of different states, and before certain international courts. The aim of this study is to examine the various judicial proceedings available to individuals in Canadian law, and in particular before the Supreme Court of Canada. To this end, the text is divided into five parts. The introduction provides an overview of Canadian constitutional history, which explains the coexistence of rights derived from several legal traditions. It then introduces the federal system, the origins of constitutional review, as well as the court structure (I). As Canada practises a ‘diffuse’ (or ‘decentralized’) constitutional review process, the second part deals with the different types of proceedings available to individuals in matters of constitutional justice before both administrative and judicial courts, while highlighting proceedings available before the Supreme Court of Canada (II). This is followed by an examination of the constitutional and legal sources of individual — and in some cases collective — rights (III), as well as the means developed by the judiciary, the legislative, and the executive branches to ensure the effective judicial protection of rights (IV). The conclusion assesses the effectiveness of proceedings available to individuals in matters of ‘constitutional justice’.