Continuum: Volume 36 (Winter 2012)
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The Charter 25 Years Later: the Good, the Bad, and the Challenges ©
Osgoode Hall Law Journal Article 4 Volume 45, Number 2 (Summer 2007) The hC arter 25 Years Later: The Good, the Bad, and the Challenges Beverley McLachlin Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Constitutional Law Commons Article Citation Information McLachlin, Beverley. "The hC arter 25 Years Later: The Good, the Bad, and the Challenges." Osgoode Hall Law Journal 45.2 (2007) : 365-377. http://digitalcommons.osgoode.yorku.ca/ohlj/vol45/iss2/4 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized administrator of Osgoode Digital Commons. THE CHARTER 25 YEARS LATER: THE GOOD, THE BAD, AND THE CHALLENGES © REMARKS OF THE RIGHT HONOURABLE BEVERLEY MCLACHLIN I. INTRODUCTION This year, as we celebrate the 25th anniversary of the adoption of the Charter, journals and newspapers are replete with evaluations. Some are positive, some less so. Some are downright critical. Today, I would like to offer my reflections on the good news and the bad news about the Charter,a quarter-century on. I will begin with a declaration of interest. Over the years I have said and written a lot about Canada's constitutional bill of rights. My first foray, written when I was still a callow law student, was an article arguing that Canada should not constitutionalize rights, based on a comparison of rights protection in the United States under an entrenched bill of rights and rights protection in Canada without one. -
Special Convocation Conseil Extraordinaire
June/ Ju in 2012 LET RIGHT PREVAIL Barreau The Law Society of du Haut-Canada Upper Canada Special Conseil Convocation extraordinaire The conferring of la remise d'un grade an honorary degree cmd honrifique et l 'assennentation the call to the bar des candidats et of the candidates des candidates CONTENTS ROY THOMSON HALL Toronto, Ontario 7 Wednesday, June l3, 2012 9:30 a.m. ROY THOMSON HALL I I Toronto, Ontario Friday, June 15, 2012 9:00 a.m. ROY THOMSON HALL 15 Toronto, Ontario Friday, June 15, 2012 2:30 p.m. NATIONAL ARTS CENTRE 19 Ottawa, Ontario Tuesday, June l 9, 2012 lO:OO a.m. CENTRE NATIONAL DES ARTS Ottawa (Ontario) Le mardi 19 juin 2012 10 h 00 LONDON CONVENTION CENTRE 23 London, Ontario Thursday, June 2 l, 20 l 2 2:30 p.m. MESSAGE FROM THE TREASURER LE MESSAGE DU TRESOR/ER 2 oday is a day to celebrate! Congratulations A ujourd'hui est un jour de celebration! T on joining an extraordinary profession with a J-\.. Felicitations pour votre adhesion a une long tradition of service to the public. You should profession extraordinaire qui s'inscrit dans une be proud of your achievement. and proud of the longue tradition de service au public. Yous devriez profession you ha\'e chosen. etre fiers de votre reussite et de la profession que vous avez chois1e. Two hundred and fifteen years ago. ten of the fifteen la\\yers then practising in Upper Canada Voila deux cent quinze ans. I 0 des 15 avocats met in Niagara-on-the-Lake and founded the exen;ant alors le droit au Haut-Canada se Law Society of Upper Canada. -
Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
The Geography of Civil Legal Services in Ontario
The GEOGRAPHY of Civil Legal Services in ONTARIO Report of the mapping phase of the Ontario Civil Legal Needs Project by Jamie Baxter and Albert Yoon Green: Pantone 361 CVC Blue: Pantone 301 CVC The GEOGRAPHY of Civil Legal Services in ONTARIO Report of by Jamie Baxter the mapping phase of the University of Toronto Ontario Civil Legal Faculty of Law Needs Project and Albert Yoon University of Toronto Faculty of Law This report is the companion piece to the Listening to Ontarians report (May 2010) and completes the Ontario Civil Legal Needs Project. Acknowledgements The Geography of Civil Legal Services in Ontario is the report for the Mapping Project phase of the Ontario Civil Legal Needs Project. It is presented by the Project Steering Committee, consisting of: • R. Roy McMurtry – Chair • Marion Boyd – Bencher, The Law Society of Upper Canada • John McCamus – Chair, Legal Aid Ontario • Lorne Sossin – Past Vice Chair, Pro Bono Law Ontario The Steering Committee extends its special thanks to Professor Albert Yoon of the Faculty of Law at the University of Toronto, and Jamie Baxter, Visiting Researcher at the Faculty of Law at the University of Toronto, for their outstanding contributions in analyzing the data and preparing this report. Completion of this Mapping Project would not have been possible without their expertise and hard work. The Steering Committee thanks the governing boards of the Project partner organizations — The Law Society of Upper Canada, Legal Aid Ontario and Pro Bono Law Ontario — for supporting this project, financially -
Diversifying the Bar: Lawyers Make History Biographies of Early And
■ Diversifying the bar: lawyers make history Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 1: 1797 to 1940 Click here to download Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present For each lawyer, this document offers some or all of the following information: name gender year and place of birth, and year of death where applicable year called to the bar in Ontario (and/or, until 1889, the year admitted to the courts as a solicitor; from 1889, all lawyers admitted to practice were admitted as both barristers and solicitors, and all were called to the bar) whether appointed K.C. or Q.C. name of diverse community or heritage biographical notes name of nominating person or organization if relevant sources used in preparing the biography (note: living lawyers provided or edited and approved their own biographies including the names of their community or heritage) suggestions for further reading, and photo where available. The biographies are ordered chronologically, by year called to the bar, then alphabetically by last name. To reach a particular period, click on the following links: 1797–1900, 1901-1910, 1911-1920, 1921-1930, 1931-1940. For more information on the project, including the set of all biographies arranged by diverse community rather than by year of call, please click here for the Diversifying the Bar: Lawyers Make History home page. Last published May 2012 by The Law Society of Upper Canada. -
THE Osgoode@125 INDEX
Osgoode Hall Law School of York University Osgoode Digital Commons Osgoode@125 Supporting Material Osgoode@125 2014 The sO goode@125 Index Osgoode Hall Law School of York University Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/supporting125 Recommended Citation Osgoode Hall Law School of York University, "The sgO oode@125 Index" (2014). Osgoode@125 Supporting Material. Paper 1. http://digitalcommons.osgoode.yorku.ca/supporting125/1 This Article is brought to you for free and open access by the Osgoode@125 at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode@125 Supporting Material by an authorized administrator of Osgoode Digital Commons. THE Osgoode@125 INDEX 6066_York_Osgoode Brief Fall 2014_FA.indd 10 2014-09-26 3:07 PM THE SCHOOL: 1. Number of years Osgoode Hall Law School was the only accredited law school in Ontario: 70 (1889–1959) 2. Number of years Osgoode was known as simply “the Law School” or “The Ontario Law School” before being named Osgoode Hall Law School: 35 3. Number of attempts to create a law school before the permanent establishment of Osgoode Hall Law School in 1889: 3 4. Year of the first attempt to establish a law school in Ontario: 1862 5. Year John A. MacDonald was awarded the degree of “Barrister at Law” by Osgoode Hall: 1836 6. Rank of Osgoode among the oldest common law schools in Canada: 2 7. Rank of Osgoode among the largest common law schools in Canada in 2014: 1 8. Number of students in JD, LLM or PhD programs in 2014: 1300 9. -
Top 10 Ontario Regional Law Firms See Possibilities in This Taking This Year’S No
TOP ONTARIO REGIONAL FIRMS ntario law firms see opportunities and risks in an era of consolidation and slow economic growth. OPPORTUNITIES Clients who are released by merged firms due to conflicts, or are unwilling to pay the fees demanded by international behemoths, may well look to smaller firms located in and around Canada’s financial and administrative centres. O Managing partners around the province watched with interest as Fraser Milner Casgrain LLP merged with American and U.K. firms in the spring creating Dentons, with nearly 2,600 lawyers. But there is also the fear, as legal budgets shrink or remain static, larger firms could use their marketing might to swallow AND RISK up the space occupied by regional mid-sized players. The t op 10 Ontario regional law firms see possibilities in this Taking this year’s No. 1 spot in Canadian Lawyer’s many of Ontario’s regional firms, with their strong list of the top 10 Ontario regional firms is Aird & emphasis on business law, continue to feel the effects era of consolidation and slow economic growth. Berlis LLP, which sees itself as well placed to capitalize on of the sluggish economy. This spring was “perhaps the the reshaping of the legal market. “Every time there’s a quietest I’ve personally seen in 18 years… from a deals By Charlotte Santry merger there’s an opportunity for us, because every time standpoint,” says Arlene O’Neill, partner at Gardiner there’s an international merger there’s a whole referral Roberts LLP. Businesses are far more cautious and network that has been broken,” says the firm’s managing “we’ve had a lot of deals that haven’t gone through.” partner Eldon Bennett. -
The American Influence on Canadian Tort Law
THE AMERICAN INFLUENCE ON CANADIAN TORT LAW The Honourable Mr. Justice Allen M. Linden* This Article pays tribute to Gary Schwartz and other American tort schol- ars and judges for their contribution to the development of a distinctive Cana- dian tort law. Several examples of the direct influence of American tort law on Canadianjurisprudence are described as well as some instances where Cana- dian tort law has resisted the allure of U.S. developments. INTRODUCTION ............................................................ 407 I. THE SCHOLARS WHO BROUGHT AMERICAN IDEAS TO CANADA ........... 408 I. EARLY EXAMPLES OF THE IMPACT OF U.S. TORT LAW IN CANADA ......... 414 A . Products Liability ................................................. 414 B . R escue ........................................................... 4 17 1II. SOME RECENT EXAMPLES OF THE IMPACT OF U.S. TORT LAW IN C ANA DA .......................................................... 419 A . Punitive D am ages ................................................. 419 B. Pure Econom ic Loss ............................................... 421 C . O ther C ases ...................................................... 422 CONCLUSION .............................................................. 424 INTRODUCTION The first time I met Gary Schwartz was about fifteen years ago. I had read the many learned articles he had written and had been very much im- pressed by them. On one of my visits to California, I therefore telephoned him to invite him to lunch. He graciously accepted. Our conversation -
The History and the Future of the Politics of Policing
Conference Draft – June 29, 2004 CONFERENCE DRAFT “The History and the Future of the Politics of Policing” Margaret Beare Sociology and Law, Osgoode Hall Law School Abstract: This paper examines the operational realities of the police executive linkages—beyond the official dictates of the law and the desired position expressed in ideological discourses on police independence. Paper draws primarily on historical and criminological literature and research, and public inquiries. The central argument of this paper is that, while there may be a somewhat clear-cut division between the policy versus the operational control of the police by the State in law and in rhetoric, the reality is quite different. The relationship between the State and the police is a dynamic relationship that changes to reflect the nature of the policing that is being carried-out, the political interests of the party in power, and to some extent the personalities of the key players within both the police services and in politics at a specific period in time. This research indicates that looking for the ‘smoking gun’—i.e. the memo or document that in writing acknowledges a directive from the executive to the police sidesteps the reality of the on-going partnerships between politics and policing. Introduction: Much current controversy surrounding policing centres around two issues: the relationship between the police and politics and the question of accountability. Dianne Martins paper has addressed the issue of accountability and while the two issues overlap, I shall be looking specifically at the political question. An understanding of the organizational workings of the police is essential to any attempt to reconcile the tensions between the dictates of police autonomy and the restraints imposed on the police. -
Archived Content Contenu Archivé
ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. Library on - A Human Process Acquisitions tion — un processus humain n and Brain Chemistry té et chimie cérébrale Legislation - Some Pros and Cons Législation sur les jeunes délinquants — Certains aspects du pour et du contre A Mr.s,r:T.-:‘ THE C,H1MINAL JUSTICE SYSTEM F cnu -D,F 1 1:1". -
Communicating Effectively with Indigenous Clients
Lorna Fadden, PhD COMMUNICATING EFFECTIVELY WITH INDIGENOUS CLIENTS An Aboriginal Legal Services Publication Grave, Marble Island, “Dead Man’s Island,” Nunavut, 2014 Marble Island is sacred for Inuit. Visitors are expected to crawl ashore or, according to legend, will die exactly one year later. In 1719 the Knight Expedition set sail to look for the Northwest Passage and never returned - their remains were discovered on this island in 1767. Why an experienced explorer would perish with forty men in sight of land, four days away from a trading post, remains a mystery. Aboriginal Legal Services ALS (formerly Aboriginal Legal Services of Toronto) was formed in 1990. As of 2017, ALS has approximately 60 staff and offices in 11 cities in Ontario. ALS’s initiatives in criminal law include establishing the Community Council, the first urban Aboriginal alternative justice program in Canada in 1992, and helping with the creation of the first Gladue (Aboriginal Persons) Court in Ontario in 2001. ALS also wrote the first Gladue Reports in Canada and we continue to be leaders in this important work. ALS has also been involved in test case litigation, appearing as intervener at the Supreme Court of Canada in Williams (1998), Gladue (1999), Wells (2000) and Ipeelee (2012), among many others. About the Author: Dr. Lorna Fadden The author, Dr. Lorna Fadden, is a Métis person living in British Columbia. She earned her PhD in linguistics from Simon Fraser University in 2008, where for several years she taught linguistics for teachers and learners of Indigenous languages. Her research is in the area of forensic discourse analysis and she has assisted legal counsel on criminal and civil matters involving language evidence since 2007. -
Judicial Power and the Charter: Three Myths and a Political Analysis Christopher P
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 14 (2001) Article 18 Judicial Power and the Charter: Three Myths and a Political Analysis Christopher P. Manfredi Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Manfredi, Christopher P.. "Judicial Power and the Charter: Three Myths and a Political Analysis." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 14. (2001). http://digitalcommons.osgoode.yorku.ca/sclr/vol14/iss1/18 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. JUDICIAL POWER AND THE CHARTER: THREE MYTHS AND A POLITICAL ANALYSIS * Christopher P. Manfredi I. INTRODUCTION Does the Supreme Court exercise “too much” judicial power under the Charter? Consider that over 22 years (1960-1982), the federal Bill of Rights generated 34 Supreme Court decisions, five successful claims, and only one partial nullification of a federal statute.1 During the same period, the number of constitutional decisions issued by the Court totalled 120, or less than six per year.2 By contrast, over its first 17 years of operation (1982-1999) the Charter generated 390 Supreme Court decisions, 130 successful claims, and 63 nullifications of federal or provincial statutes.3 As these comparisons affirm, and as everyone acknowledges, the scope of judicial power has increased under the Charter.