Principal's Message
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
The Honourable Charles Doherty Gonthier, Formerly a Justice of the Supreme Court of Canada, Passed Away in Montreal, Quebec, on July 17, 2009
FOR IMMEDIATE RELEASE OTTAWA, July 20, 2009 – The Honourable Charles Doherty Gonthier, formerly a Justice of the Supreme Court of Canada, passed away in Montreal, Quebec, on July 17, 2009. Born in Montreal, Justice Gonthier received his Bachelor of Civil Law from McGill University. He was called to the Bar of Quebec in 1952, and subsequently practised law, first with the firm of Hackett, Mulvena & Laverty, and then with the firm of Hugessen, Macklaier, Chisholm, Smith & Davis, later known as Laing, Weldon, Courtois, Clarkson, Parsons, Gonthier & Tétrault. Justice Gonthier was appointed to the Quebec Superior Court in 1974, and elevated to the Quebec Court of Appeal in 1988. Less than a year later, on February 1, 1989, he was appointed to the Supreme Court of Canada. He served on the Supreme Court of Canada for fourteen years, retiring on August 1, 2003. Since his retirement, Justice Gonthier served as counsel in the law firm of McCarthy Tétrault, as Chair of the Board of Governors of the Centre for International Sustainable Development Law at the Law Faculty of McGill University, and as Commissioner of the Communications Security Establishment. Chief Justice Beverley McLachlin, on behalf of the members of the Supreme Court of Canada, mourned Justice Gonthier’s passing, “Charles Gonthier was an eminent and highly respected Canadian jurist. His development of the notions of equity and good faith, particularly in the area of contract law, has benefited all Canadians. But Justice Gonthier’s contributions extended far beyond the courtroom. His active dedication to the arts, and to issues such as sustainable development, demonstrated a unique interest in the welfare of both current and future generations. -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT 2017 CanLIIDocs 227 VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY 2017 CanLIIDocs 227 Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays -
Canadian Law Library Review Revue Canadienne Des Bibliothèques Is Published By: De Droit Est Publiée Par
CANADIAN LAW LIBRARY REVIEW REVUE CANADIENNE DES BIBLIOTHÈQUES DE DROIT VOLUME/TOME 42 (2017) No. 2 APA Journals® Give Your Users the Psychological Research They Need LEADING JOURNALS IN LAW AND PSYCHOLOGY Law and Human Behavior® Official Journal of APA Division 41 (American Psychology-Law Society) Bimonthly • ISSN 0147-7307 2.884 5-Year Impact Factor®* | 2.542 2015 Impact Factor®* Psychological Assessment® Monthly • ISSN 1040-3590 3.806 5-Year Impact Factor®* | 2.901 2015 Impact Factor®* Psychology, Public Policy, and Law® Quarterly • ISSN 1076-8971 2.612 5-Year Impact Factor®* | 1.986 2015 Impact Factor®* Journal of Threat Assessment and Management® Official Journal of the Association of Threat Assessment Professionals, the Association of European Threat Assessment Professionals, the Canadian Association of Threat Assessment Professionals, and the Asia Pacific Association of Threat Assessment Professionals Quarterly • ISSN 2169-4842 * ©Thomson Reuters, Journal Citation Reports® for 2015 ENHANCE YOUR PSYCHOLOGY SERIALS COLLECTION To Order Journal Subscriptions, Contact Your Preferred Subscription Agent American Psychological Association | 750 First Street, NE | Washington, DC 20002-4242 USA ‖‖ CONTENTS / SOMMAIRE 5 From the Editor The Law of Declaratory Judgments 40 De la rédactrice Reviewed by Melanie R. Bueckert 7 President’s Message Pocket Ontario OH&S Guide to Violence and 41 Le mot de la présidente Harassment Reviewed by Megan Siu 9 Featured Articles Articles de fond Power of Persuasion: Essays by a Very Public 41 Edited by John -
Mcgill's FACULTY of LAW: MAKING HISTORY
McGILL’S FACULTY OF LAW: MAKING HISTORY FACULTÉ DE DROIT FACULTY OF LAW Stephen Smith Wins Law’s Fourth Killam Comité des jeunes diplômés : dix ans déjà! Breaking the Language Barrier: la Facultad habla español Boeing Graduate Fellowships Take Flight Une année dynamique pour les droits de la personne CREDITS COVER (clockwise from top): the 2007-2008 Legal Methodology teaching assistants; three participants at the International Young Leaders Forum (p. 27); James Robb with friends and members of the Faculty Advisory EDITORIAL ADVISORY BOARD Board (p. 10); Killam winners Stephen Scott, H. Patrick Glenn and Roderick Macdonald (p. 22); announcement of the Boeing Fellowships (p. 13); Human Rights Working Group letter-writing campaign (p. 6). Derek Cassoff Jane Glenn Diana Grier Ayton Toby Moneit-Hockenstein RÉDACTRICE EN CHEF Lysanne Larose EDITOR Mark Ordonselli 01 Mot du doyen CONTRIBUTORS 03 Student News and Awards Andrés J. Drew Nicholas Kasirer 06 A Lively Year for the Human Lysanne Larose Rights Working Group Maria Marcheschi 06 Seven Years of Human Rights Neale McDevitt Internships Toby Moneit-Hockenstein Mark Ordonselli 08 The Career Development Jennifer Smolak Office and You WHERE ARE OUR Pascal Zamprelli 09 Dix ans déjà! ALUMNI-IN-LAW? CORRECTEUR D’ÉPREUVE 10 The James Robb Award Peter Pawelek 11 Les Prix F.R. Scott de service PHOTOGRAPHERS exemplaire Claudio Calligaris Owen Egan 12 New Hydro-Québec Scholars Paul Fournier in Sustainable Development Kyle Gervais 13 Boeing Gives Legal Lysanne Larose Maria Marcheschi Scholarship Wings -
Complete Fa.Wpd
Manuscript Division des Division manuscrits THE RT. HON. JOE CLARK FONDS FONDS DU TRÈS HONORABLE JOE CLARK MG 26 R Finding Aid No. 2076 / Instrument de recherche no 2076 Prepared in 1999 by Grace Hyam of the Préparé en 1999 par Grace Hyam de la Political Archival Section. Section des archives politique. Table of Contents File lists, by series and sub-series: Pages R 1 MEMBER OF PARLIAMENT SERIES R 1-1 Member of Parliament, 1972-1976, Correspondence Sub-series .......... 1-22 R 1-2 Member of Parliament, 1972-1976, Subject files Sub-series ............ 23-45 R 1-3 Member of Parliament, 1983-1984, Sub-series ....................... 46-51 R 2 LEADER OF THE OPPOSITION, 1976-1979, SERIES R 2-1 Correspondence Sub-series ............................... 52-264 R 2-2 Subject Files Sub-series................................. 265-282 R 2-3 Staff - Jim Hawkes Sub-series............................ 283-294 R 2-4 Joe Clark Personal Sub-series ............................ 295-296 R 2-5 Staff - Ian Green Sub-series.............................. 297-301 R 2-6 Staff - Bill Neville Sub-series ............................ 302-304 R 3 PRIME MINISTER’S OFFICE SERIES R 3-1 PMO Correspondence Sub-series ......................... 305-321 R 3-2 PMO Correspondence - Indexes Sub-series ................. 322-323 R 3-3 PMO Subject files Sub-series ............................ 324-331 R 3-4 PMO Staff - Lorne Fox Sub-series ........................ 332-335 R 3-5 PMO Staff - Adèle Desjardins Sub-series................... 336-338 R 3-6 PMO Staff - Marjory LeBreton Sub-series .................. 339-341 R 3-7 PMO Communications Sub-series......................... 342-348 R 4 LEADER OF THE OPPOSITION, 1980-1983, SERIES R 4-1 Correspondence Sub-series ............................. -
Lifetime Achievement Award of the Anglophone Section of the Bar of Montreal
« THE VOICE OF MONTREAL ENGLISH-SPEAKING LAWYERS » Vol.1, No 1 $4 Vincent O’Donnell Lifetime Titre Achievement Award of the Anglophone section of the Bar of Montreal Ian M. Solloway reelected as president of the English-speaking section of the Bar of Montreal Me Johanne Brodeur, Vincent O’Donnell of Lavery’s new Bâtonnier of Quebec Me Bernard Synnott of Fasken Martineau, elected vice-president The first ever award of the English-speaking Section of the Bar of Montreal The Lifetime Achievement Award to Lavery’s «iconic» figure Vincent O’Donnell In this packed room, the largest gathering of Anglophone lawyers of Montréal ever to attend the annual meeting remarked president Ian M. Solloway, joined prestigious guests to celebrate Vincent O’Donnell, whose career as a lawyer, litigator and mentor, has touched so many law students, «stagiaires», associates and partners as well as the leadership of Quebec and Montreal Bar over the years, this low-profile professional everybody had «in awe» as Don McCarty mentioned, who after aticling under Vincent O’Donnell, has become the partner in charge at Lavery’s. Bâtonniers, judges, justices were on hand to be part of this grandiose ceremony organized jointly by the English- speaking section and the Bâtonnière Catherine Pilon of Dentons and director general Doris Larrivée along with the uncontested president of the section, Me Ian M. Solloway. Here’s how Ian Solloway introduced with great pride Vincent O’Donnell : Vincent O’Donnell This past year the English-Speaking Section of the Bar of Montreal decided to create the first ever award to be pre- sented by our section in its over 160 year history – “The By André Gagnon Lifetime Achievement Award ”. -
Beyond a Reasonable Doubt: Does It Apply to Finding the Law As Well As
Beyond a Reasonable Doubt:Does it Apply to Finding the Law asWell as the Facts? Martin Friedland* 1. Introduction About a year ago I published an article in the Criminal Law Quarterly in which I examined the concept of proof beyond a reasonable doubt in criminal trials.1 I looked at its application to the proof of facts, historically, comparatively, and analytically. The standard of proof of facts Ð everyone agrees Ð plays a crucial role in the criminal process. What role does reasonable doubt play with respect to determining the criminal law, particularly the scope of statutory provisions? I had nevergivenseriousthoughttotheissue.Iknew,ofcourse,thatthereis a rule of strict construction of criminal legislation Ð known in the United States as the Rule of Lenity Ð and assumed that the rule only applies if there is a tie, which is really a balance of probability test. In other words, the better argument wins, with the ultimate burden being on the Crown.2 Many, if not most, readers probably assume this is the correct approach. The standard for finding the criminal law, like the standard of proof of facts, is important, yet surprisingly little has been written aboutit inCanada,3 unlikeinthe UnitedStates,wherethereare many major articles.4 There are, of course, relatively brief discussions in * Martin Friedland, CC, QC, University Professor and Professor of Law Emeritus, University of Toronto. I would like to thank Pavle Levkovic and Michael Stenbring for their excellent research assistance. I am also grateful to Ben Berger, Michael Code, Timothy Endicott, Matthew Gourlay, Kent Roach, Bob Sharpe, Simon Stern, Malcolm Thorburn, and Wes Wilson for their helpful comments on earlier drafts. -
The Tenth Justice
THE TENTH JUSTICE Judicial Appointments, Marc Nadon, and the Supreme Court Act Reference Carissima Mathen and Michael Plaxton Landmark Cases in Canadian Law Since Confederation, Canada’s highest court – first the Judicial Committee of the Privy Council in England and then the Supreme Court of Canada – has issued a series of often contentious decisions that have fundamentally shaped the nation. Both cheered and jeered, these judgments have impacted every aspect of Canadian society, setting legal precedents and provoking social change. The issues in the judgments range from Aboriginal title, gender equality, and freedom of expression to Quebec secession and intellectual property. This series offers com- prehensive, book-length examinations of high court cases that have had a major impact on Canadian law, politics, and society. Other books in the series are: Flawed Precedent: TheSt. Catherine’s Case and Aboriginal Title by Kent McNeil Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections by Richard Jochelson and David Ireland From Wardship to Rights: TheGuerin Case and Aboriginal Law by Jim Reynolds For a list of other titles, see www.ubcpress.ca/landmark-cases-in-canadian-law. LANDMARK CASES IN CANADIAN LAW Contents Acknowledgments vii Introduction 3 1 What’s So Bad about Marc Nadon? 9 2 The Prime Minister’s Prerogative 22 3 Memos 38 4 Asking and Telling 69 5 The Legal Showdown 84 6 The Opinion and Its Critics 106 7 The Aftermath 124 8 Judicial Appointments Law 140 9 A Court Frozen in Amber 156 Conclusion 179 -
Introduction
Introduction wo women sat quietly together around a side table in a sparsely furnished ofce in the Supreme Court of TCanada. Te sombre wood-panelled judge’s chambers belonged to Bertha Wilson. Te room contained nothing fancy: a desk, and several chairs, no carpet, the plainest of décor.1 Te women sitting there were sharing a singular conversation. Wilson had been appointed to the Supreme Court in 1982, the frst woman out of ffy-eight judges in the Ottawa court’s 107-year history. Claire L’Heureux-Dubé was appointed the second woman in 1987. Te two were refecting upon what it meant to set toe in the sacrosanct circle restricted for genera- tions to men.2 Te conversation was not without levity. A friend of L’Heureux-Dubé’s had sent her a framed cartoon, a caricature of her with tousled hair and a broad grin sporting the French caption: “Yahoo! J’arrive Bertha!”3 But the dominant tone in Wilson’s ofce that afernoon was not celebratory. Recalling her own reception, Wilson explained to her new colleague that she had felt forced to “prove herself” to a group of men who were skeptical about whether she had won the position on her merits.4 Wilson cautioned L’Heureux-Dubé that she too would have to prove herself all over again.5 “We have to prove ourselves every INTRODUCTION | 7 “Yahoo! J’arrive Bertha!” Photo taken in L’Heureux-Dubé’s Supreme Court Chambers, lef to right, Secretary Lisette Gammon, Claire L’Heureux-Dubé, Law Clerk Teresa Scassa, in front of caricature portrait. -
Gwen Brodsky
6 Human Rights and Poverty: A Twenty-First Century Tribute to J.S. Woodsworth and Call for Human Rights1 gwen brodsky The Canada for which J.S. Woodsworth and the Co-operative Common- wealth Federation (CCF) party struggled – a society in which everyone has an adequate standard of living, including access to adequate food, clothing and housing, health care, workers’ rights, and social programs are vigorous (MacInnis, 1953), is not the Canada of today. This is a mo- ment in Canadian political history when government commitment to social programs is at a low ebb.2 It has become shockingly ordinary that people in Vancouver, and other major cities in Canada, have to line up at food banks, beg, steal, sleep in doorways and on church pews, and sell their bodies to support themselves and their children.3 This chap- ter is concerned with the disjuncture between Canada’s human rights obligations and poverty in Canada. Social programs are essential to re- alizing Canada’s human rights obligations. This essay maps out in gen- eral terms a practical and concrete proposal for legislation that would require greater governmental accountability for the establishment and maintenance of adequate social programs. If it is recognized that hav- ing adequate social programs is essential to the realization of human rights that inhere in all Canadians, it follows that there is a governmen- tal obligation, not only to establish social programs, but to have eff ec- tive accountability mechanisms to ensure stability, and consistency for social programs, and to guard against their erosion. It is not my intention in this chapter to take issue with the moral and religious foundations for the sense of social obligation that ani- mated the social reformers of Woodsworth’s time. -
The Day the Dialogue Died: a Comment on Sauve V. Canada
Osgoode Hall Law Journal Volume 45, Number 1 (Spring 2007) Article 5 Charter Dialogue: Ten Years Later The aD y the Dialogue Died: A Comment on Sauve v. Canada Christopher P. Manfredi Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Constitutional Law Commons Commentary Citation Information Manfredi, Christopher P.. "The aD y the Dialogue Died: A Comment on Sauve v. Canada." Osgoode Hall Law Journal 45.1 (2007) : 105-123. http://digitalcommons.osgoode.yorku.ca/ohlj/vol45/iss1/5 This Commentary 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 editor of Osgoode Digital Commons. The aD y the Dialogue Died: A Comment on Sauve v. Canada Abstract In Sauvé v. Canada (2002) a sharply divided Supreme Court of Canada nullified the inmate disenfranchisement provision of the Canada Elections Act. One of the more important aspects of the majority decision by Chief Justice McLachlin is her refusal to let the concept of dialogue take her down the path of judicial deference. This commentary examines the chief justice's reasons for not taking this path and explores how these reasons reveal the limitations of the dialogue metaphor as originally articulated by Peter Hogg and Allison Bushell. The ommec ntary concludes that any meaningful concept of legislative-judicial dialogue must recognize a coordinate legislative authority to interpret a constitution. Keywords Canada; Canada. Canadian Charter of Rights and Freedoms; Judicial review; Prisoners--Legal status, laws, etc. -
Fixing the Canadian Forces' Method of Dealing with Death Or Dismemberment
FIXING THE CANADIAN FORCES’ METHOD OF DEALING WITH DEATH OR DISMEMBERMENT Report of the Subcommittee on Veterans Affairs of the Standing Senate Committee on National Security and Defence Committee Members Sen. Michael A. Meighen - Chair, Sen. Joseph A. Day - Deputy Chair, Sen. Norman K. Atkins Sen. Colin Kenny* Sen. John (Jack) Wiebe *Chair, Committee on National Security and Defence Second Session Thirty-Seventh Parliament April 2003 Information regarding the committee can be obtained through its web site: www.senate-senat.ca/vets-comb.asp www.sen-sec.ca Questions can be directed to: Toll free: 1-800-267-7362 Or via e-mail: The Committee Clerk: [email protected] Veterans Affairs Committee Chair: [email protected] National Security and Defence Committee Chair: [email protected] Media inquiries can be directed to: [email protected] ii FIXING THE CANADIAN FORCES’ METHOD OF DEALING WITH DEATH OR DISMEMBERMENT Report of the Subcommittee on Veterans Affairs of the Standing Senate Committee on National Security and Defence April 2003 MEMBERSHIP THE STANDING SENATE COMMITTEE ON NATIONAL SECURITY AND DEFENCE The Honourable Colin Kenny (Chair) The Honourable J. Michael Forrestall (Deputy-Chair) and The Honourable Senators: Norman K. Atkins Joseph A. Day Tommy Banks *John Lynch-Staunton (or Noel A. Kinsella) Jane Cordy Michael A. Meighen *Sharon Carstairs, P.C. (or Fernand Robichaud, David P. Smith, P.C. P.C.) John (Jack) Wiebe *Ex officio members (Clerk: Barbara Reynolds) --------------------------------- THE SUBCOMMITTEE ON VETERANS AFFAIRS/ Subcommittee on National Security and Defence The Honourable Michael A. Meighen (Chair) The Honourable Joseph A.