DOCSLIB.ORG

Law Reports 2008(Link Is External)

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Law Reports 2008(Link Is External) Queen’s LawREPORTS Research teams in!uence policy and law reform Surveillance Project Child Witness Project Global Refugee Research Queen’s Law launches Ph.D. program Alumni in academia SUMMER 2008 CONTENTS Queen’s LawREPORTS 7 10 13 Queen’s Law Reports is published annually by QUEEN’S FACULTY OF LAW QUEEN’SLAWLAUNCHESPH.D.PROGRAM Macdonald Hall 4 Queen's a!rmed its commitment to excellence as a research institution Queen’s University this year by establishing a doctoral degree program and appointing its "rst Kingston ON Canada K7L 3N6 Associate Dean of Graduate Studies and Research. Tel: (613) 533-6000, ext. 74259 Fax: (613) 533-6611 Email: [email protected] Website: http://law.queensu.ca/ RESEARCHTEAMSINFLUENCEPOLICY 5 ANDLAWREFORM Editorial Credits 7 Professor Cockfield: Who’s watching the watchers? Surveillance Project casts a wary eye on the Information Age CO!EDITORS Lisa Graham 10 Professor Bala: Child proof Manager of Records, Registration and Communications Project examines the competency and credibility of children Deanna Morash Assistant Dean of Career Services and Alumni Relations 13 Professor Aiken: Justice without borders Network seeks to reclaim refugee settlement rights CONTRIBUTORS Dana Tye Rally Contributing Editor ALUMNIINACADEMIA Dianne Butler 16 H. Patrick Glenn, Law ‘65 Alumni Relations Coordinator Ronald McCallum, LL.M. ‘74 Robert B. Marks Denise Réaume, Law ‘80 Freelance Editor Gillian Ready Assistant Dean of International Programs ARECORDYEARFORRESEARCH Nancy Somers 28 FUNDINGFORQUEEN’SLAWPROFESSORS Manager, Academic Programs STUDENTWRITERS/RESEARCHERS DEAN’SMESSAGE Sarah Buski, Law ‘09 1 Daniel Chodos, Law ‘08 2 ACADEMICEXCELLENCE Chris Missiuna, Law ‘10 Meredith Rady, Law ‘10 18 GLOBALPERSPECTIVES 22 CONFERENCESANDSYMPOSIA *page 35 covers reprinted by permission of Carswell, 24 SCHOOLNEWS a division of Thomson Canada Limited CONVOCATION - SPRING 2008 26 DESIGN + PRODUCTION 28 FACULTYFOCUS Queen’s Creative Services 36 SUPPORTINGEXCELLENCE 48 ALUMNIFOCUS 54 INMEMORIAM 55 ALUMNINOTES DEAN’SMESSAGE A major indicator of research quality From our castle programs to our is the amount of funding a university international internships, Queen's Law faculty can attract from the Social is already a national leader in bringing Sciences and Humanities Research global perspectives to the study of law, Council (SSHRC), Canada’s leading and our new programs bring us closer federal agency funding university to our ambition of becoming known as research. Although our faculty “Canada’s Global Law School.” represents only four per cent of the total faculty numbers at Queen's Honour Roll of Donors University, more than 20 per cent of We have included in this year’s mong our many achievements in the university’s SSHRC funding this Queen's Law Reports our annual 2007-08, the April launch of the year was awarded to the law school. A Honour Roll of Donors (see page 38), David Mullan Entrance Scholarship Our new Ph.D. program was listing all donations to the law school ranks at the top. With the generous approved this year, and we will be over the last two years. We are most support of our alumni and friends, admitting our first doctoral students grateful to our many donors, and we we raised more than $1.1 million in in 2009-10. This is another milestone are committed to doing even more to pledges. The Mullan Scholarship is our for our school, and one that reflects build support for our school. first merit-based renewable entrance our goal of placing among Canada’s scholarship, and we were delighted to You may not know that for the past top research-intensive law schools. name it after one of Queen's Law’s several years, the province has capped most beloved professors and scholars. tuition fees at Queen's Law. Our fees International Programs At the launch, we introduced our first are 25 to 40 per cent lower than the two “Mullan Scholars.” Both of these Our international programs continue fees permitted at the two Toronto law exceptionally talented students will be to grow, including new student schools, creating a huge disparity in awarded a $5,000 scholarship in each exchanges with the University of resources. Alumni support is the only year of law school (see pages 36-37). Tel Aviv and Chulalongkorn Law way that we can begin to close this School in Thailand. Our popular gap. I am most grateful to our donors Research Excellence international law programs at the for taking the lead over the last few Queen's University International years in supporting the law school. In this year’s Queen's Law Reports, Study Centre in the U.K. will expand Queen's Law needs your help more we highlight a few examples of our next year to include a new program than ever if we are to provide faculty’s research that is significantly in Comparative Law. Our visitors competitive, first-class programs influencing law and public policy, program continues to feature a wide and opportunities for our students. both nationally and internationally. variety of nationally and internation- Our faculty members are making a I want to thank all of our loyal alumni ally recognized scholars, and we difference on issues including privacy for your ongoing interest in Queen's have once again attracted leading rights, assessing the reliability of child Law, and I look forward to continuing international visiting scholars to witnesses and global refugee research to work with you in support of our teach short, intensive courses. Our (see pages 5-15). school. new faculty members include Darryl I am pleased to report that 2008 marks Robinson, who is highly regarded a record year for external research for his scholarship in international funding at Queen's Law. criminal law. Bill Flanagan Dean of Law Queen’s Law Reports 1 ACADEMICEXCELLENCE QUEEN’SLAWRECOGNIZESEXCELLENCEINTEACHING,RESEARCHANDSCHOLARSHIP Defence lawyers to law-and-order legislation, Professor LSS Special Lecturer honour Don Stuart Stuart has made a significant contribu- (Sessional) Teaching Awards tion, not only to the administration of Co-instructors Scott Hutchison justice in Kingston, but in Canada," of Stockwoods LLP and Paul Burstein Hodgson said. of Burstein, Unger, Barristers won "Defence counsel play a vital role the 2007 winter term award. Trial in achieving justice and often work Advocacy students valued their under difficult and under-appreciated practical tips and critiques. circumstances," Stuart said in his For the 2007 fall term, David acceptance speech. "I am honoured to Stratas, Law ’84, a partner at Heenan receive this award." Blaikie LLP, received the award for a record sixth time. Advanced Constitu- Don Stuart receives the 2007 Phil Baker Award from Dan Scully, Law ’91, defence Students recognize tional Law students appreciated his lawyer and former KCDLA President, at teaching excellence inspirational teaching style, which the Radisson Harbourfront in Kingston. provoked them to think creatively Paula Haskin about the constitution. “I was blessed with the most wonderful students Professor Don Stuart received the 2007 who challenged me, who rose to the Phil Baker Award from the Kingston occasion, who progressed so very far,” Criminal Defence Lawyers' Associa- Stratas said. “It was an absolute tion (KCDLA) in December 2007. The privilege to teach them.” award recognizes Stuart's defence of the Charter of Rights and Freedoms, and BLG Research by extension of defence counsel, in the LSS President Je!rey Fung, Law ’08, and Fellowship awarded face of judicial and governmental Dean Bill Flanagan with Professor Erik Knutsen and David Stratas, Law ’84, pressure. two of the "ve 2007 teaching award "In a year that saw increasing pres- recipients, at the awards reception on sure from a ‘law and order govern- April 7. Alison Josselyn ment’ seeking easy votes, as well as very critical public comments by mem- The recipients of the 2007 Law bers of the judiciary, including sitting Students’ Society (LSS) teaching awards, members of the Ontario Court of who were nominated by students and Appeal, there is a real concern that selected by a student committee, were basic rights guaranteed by the Charter announced on April 7, 2008. Trisha Simpson, Law ’10, and Professor will be constricted," said Matt Hodg- Cherie Metcalf, Law‘02 LSS Awards for Teaching Excellence Bernard Clark son, Law ‘96, KCDLA President. Professor Erik Knutsen won the Trisha Simpson, Law ‘10, was Stuart has expressed these concerns 2007 winter term award. Students selected to work with Professor Cherie in the media and in the recent article, appreciated his work in making Civil Metcalf this summer as Queen's Law’s "Criminal Justice is Better Balanced Procedure interesting and fun, through 2008 BLG Research Fellow. Trisha will under the Charter", in the Law Times. his practical focus, enthusiasm and assist Metcalf with a project entitled, Named after Phil Baker, a long- humour. “Nothing could mean more time Kingston judge, the award is to me,” Knutsen said. “I love my job – “The (Ir)relevance of Constitutional given to a person who, while display- I think that probably shows.” Protection for Property Rights?: Com- ing integrity, compassion, and good Professor Larissa Katz received pensation for Takings in Canada and humour, has made a significant contri- the fall 2007 award. Property students the United States.” bution to the administration of crimi- were impressed with her clarity in The Faculty chose Metcalf’s research nal justice in the Kingston community. presenting and analyzing material, project to receive funding from Borden "In defending the Charter protec- effective use of real-life examples and Ladner Gervais LLP’s $1-million national tions afforded an accused, arguing for responsiveness. “Queen's Law has a Research Fellowship program, which increased funding for Legal Aid, and truly unique faculty-student dynamic provides students with opportunities to providing a cogent public argument that has made teaching here its own conduct research under the supervision against all-too-easy political pandering reward,” Katz said.
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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 ..............................................................................
    [Show full text]
  • 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.
    [Show full text]
  • 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’.
    [Show full text]
  • Laqueenw's Reports
    Laqueenw’s reports HONOURING OUR OWN: Justice David Stratas is Faculty’s 13th member honoured with a Queen’s LLD 2012 queen’s Lareportsw CONTENTS Queen’s Law Reports is published annually by HONOURING OUR OWN: QUEEN’S FACULTY OF LAW 8 At the 2012 Spring Convocation, Macdonald Hall Justice David Stratas, Law ’84, Queen’s University became the Faculty’s 13th Kingston ON Canada K7L 3N6 Tel: 613.533.6000, ext. 74259 member to be awarded an Fax: 613.533.6611 honorary Doctor of Laws degree Clarkd Bernar Clarkd Email: [email protected] by Queen’s University. Website: http://law.queensu.ca/ By Sheldon Gordon EDITOR Lisa Graham, Com ‘88, Artsci ‘92, MPA ‘08 42 Manager of Records, Registration and Communications EDITORIAL ASSISTANT Catherine M. Perkins, Arts ‘58 CONTRIBUTORS esideWhiten esideWhiten Viki Andrevska, BA Georgie Binks, Artsci ‘75 Lisa Bruni, BJ, Law ‘14 Dianne Butler Jordan Furlong, BA, Law ‘93 REUTERS/Darr Matthew Gibson, BA, Law ‘12 ALUMNI SPOTLIGHT Sheldon Gordon, BA, MA Rower Morgan Jarvis, Law ’10, and sailor-turned-reporter John Curtis, Law ’95, Anita Jansman, BA were right in the thick of the 2012 Summer Olympics in London. Mark Kerr, BA By Georgie Binks Matthew Kersten, BA, Law ‘14 Kirsteen MacLeod, BAA THE GREAT LEGAL Deanna Morash, BA, LLB Gillian Ready, BA, Law ‘87 44 MARKETPLACE EARTHQUAKE Alec Ross, BJ Jordan Furlong, Law ’93, provides a summary of major changes DESIGN + PRODUCTION rocking the legal marketplace Queen’s Creative Services and advises how you can prepare for them. 1 DEAN’S MESSAGE 2 SCHOOL NEWS 17 SPRING CONVOCATION 20 GLOBAL PERSPECTIVES 22 SUPPORTING EXCELLENCE ON THE COVER: 30 FACULTY FOCUS Justice David Stratas, Law ’84, is applauded by Chancellor David Dodge, Arts ’65, LLD ’02, 32 IN MEMORIAM and Dean Bill Flanagan upon being 34 ALUMNI FOCUS awarded an honorary degree at the 2012 47 ALUMNI NOTES Spring Convocation.
    [Show full text]
  • 2014 Donald G.H. Bowman National Tax Moot the Donald G.H
    dentons.com 2014 Donald G.H. Bowman National Tax Moot The Donald G.H. Bowman National Tax Moot The Donald G.H. Bowman National Tax Moot is Canada’s first competitive moot on taxation. The Moot is named after the Honourable Donald G.H. Bowman, former Chief Justice of the Tax Court of Canada. The fourth annual Bowman Moot will be held in Toronto on February 28 and March 1, 2014. The Donald G.H. Bowman Moot was founded by Dr. Emir Crowne, Associate Professor, and Professor John P. Weir, both of the University of Windsor Law School, and the partnership of Dentons Canada LLP. It is administered by a committee of jurists, practitioners, academics and students. About Donald G.H. Bowman As former Chief Justice of the Tax Court of Canada, the Honourable Donald G.H. Bowman has extensive experience in resolving tax disputes. He is Counsel to Dentons’ National Tax Group and shares his expertise with members of the group as a mentor and adviser. Based in the firm’s Toronto office, Mr. Bowman works to enhance Dentons’ ability to reach early resolution of tax and related disputes for our clients. His practice at Dentons consists of giving advice on tax matters to clients, lawyers in the firm throughout Canada and to lawyers in other firms. Mr. Bowman has spent his entire legal career as a tax litigator. He joined the Federal Department of Justice – Tax Litigation Section soon after his call to the Ontario Bar and was appointed director in 1968. He joined the law firm of Stikeman, Elliott, Robarts & Bowman in 1971 and was a partner there until his appointment to the Tax Court of Canada.
    [Show full text]
  • Struggling Towards Coherence in Canadian Administrative Law? Recent Cases on Standard of Review and Reasonableness Paul Daly
    Document generated on 09/27/2021 3:45 a.m. McGill Law Journal Revue de droit de McGill Struggling Towards Coherence in Canadian Administrative Law? Recent Cases on Standard of Review and Reasonableness Paul Daly Volume 62, Number 2, December 2016 Article abstract Although the Supreme Court of Canada’s seminal decision in Dunsmuir v. New URI: https://id.erudit.org/iderudit/1040054ar Brunswick has now been cited more than 10,000 times by Canadian courts and DOI: https://doi.org/10.7202/1040054ar administrative tribunals, many of its key features remain obscure. In this article, the author analyzes recent cases decided under the Dunsmuir See table of contents framework with a view to determining where Canadian courts might usefully go next. The author’s argument is that the two important principles said to underlie the Dunsmuir framework—the rule of law and democracy—can Publisher(s) provide guidance to courts in simplifying and clarifying judicial review of administrative action. In Part I, the author explains how the relationship McGill Law Journal / Revue de droit de McGill between Dunsmuir’s categorical approach and the contextual approach that it replaced is uncertain and causes significant confusion, and explores the ISSN potential utility of the two underlying principles in simplifying the law. The application of the reasonableness standard of review is the focus of Part II, in 0024-9041 (print) which the author criticizes the general approach to reasonableness review in 1920-6356 (digital) Canada, but suggests that the rule of law and democracy may assist in clarifying the law, by setting the boundaries of the “range” of reasonable Explore this journal outcomes and structuring the analytical framework for identifying unreasonable administrative decisions.
    [Show full text]
  • IMMIGRATION LAW REPORTER Third Series/Troisi`Eme S´Erie Recueil De Jurisprudence En Droit De L’Immigration
    IMMIGRATION LAW REPORTER Third Series/Troisi`eme s´erie Recueil de jurisprudence en droit de l’immigration VOLUME 93 (Cited 93 Imm. L.R. (3d)) 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, Bush Toronto, Ontario Certified Specialist CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Jeffrey D. Mitchell, B.A., M.A. Director, Information Management and Manufacturing Directeur, service d’´edition et de production Graham B. Peddie, LL.B. Product Development Manager Sharon Yale, LL.B., M.A. Julia Fischer, B.A.(HON.), LL.B. Supervisor, Legal Writing Acting Supervisor, Legal Writing Peter Bondy, B.A.(HON.), LL.B. Heather Stone, B.A., LL.B. Lead Legal Writer Lead Legal Writer Sharon Yale, LL.B., M.A Peggy Gibbons, B.A.(HON.), LL.B. Lead Legal Writer Senior Legal Writer Molly Grindley, B.SC. (HON.), LL.B., LL.M. Stephanie Hanna, B.A., M.A., LL.B. Senior Legal Writer Senior Legal Writer Amanda Stewart, B.A.(HON.), LL.B. Katherine Chin Quee, B.COMM, J.D., Senior Legal Writer LL.M Legal Writer Martin-Fran¸cois Parent, LL.B., LL.M., DEA (PARIS II) Bilingual Legal Writer Erin McIntosh, B.A.(HON.) 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. Subscription rate $361 per bound volume recueils de jurisprudence sp´ecialis´ee, est publi´e 12 fois par anne´e.
    [Show full text]
  • Download Download
    ERGA OMNES OR INTER PARTES ? THE LEGAL EFFECTS OF FEDERAL COURTS’ CONSTITUTIONAL JUDGMENTS Han-Ru Zhou* Does a Federal Court constitutional judgment apply only to parties to a case or can it extend beyond those parties? In other words, beyond the purview of the principles of stare decisis and res judicata, are the effects of the Federal Courts’ constitutional rulings inter partes or erga omnes? The answer to this question will shape the conduct of public authorities and private actors, the deference accorded by other Canadian courts to the Federal Courts’ constitutional jurisprudence, and, ultimately, institutional respect in the community. Little guidance can be found in the Constitution Acts, 1867–1982, the provisions of which are compatible with both inter partes and erga omnes views. With regard to provincial statutory courts, it has been held that their rulings produce inter partes effects only, as they have no inherent jurisdiction, a characteristic of superior courts. However, the resort to the notion of inherent jurisdiction fails to resolve the matter vis-à- vis the Federal Courts whose judgments are not subject to the supervisory jurisdiction of provincial superior courts. The clearest answer is offered by judicial practice and attitudes over the years, to the extent that Canadian judges have generally assumed the constitutional holdings of the Federal Courts to be erga omnes. However, as with any rule, a fortiori a judge-made law, the power to render erga omnes judgments can evolve as a reflection of the relevant changing realities in modern society. In this regard, normative considerations of the Federal Courts’ expertise and efficiency of the dispute resolution process do not clearly favour one view over the other.
    [Show full text]
  • David Stratas
    DAVID STRATAS Direct Dial: (416) 643-6846 e-mail: [email protected] David Stratas, 48, is a litigation partner in the national law firm of Heenan Blaikie, primarily in the areas of constitutional, administrative and regulatory law and civil litigation. He has acted as counsel for a wide variety of corporations, administrative tribunals, municipalities and individuals in many civil, regulatory and criminal cases in all levels of court, including eleven times in the Supreme Court of Canada. He is often retained by lawyers outside of his firm to prepare formal legal opinions, research memoranda, written submissions and court briefs in various matters. The Chambers Global Guide ranks Mr. Stratas as one of the top thirty-five litigators in any field in Ontario, describing him (2006) as “widely praised” as a “prodigious worker” and “a creative force to be reckoned with – he’s got ideas you’d never think of.” The annual Lexpert Survey rates him as “repeatedly recommended” by his peers. He is also one of the lawyers who has been featured in all editions of The Best Lawyers in Canada. Mr. Stratas is regularly invited to present to judges at judicial conferences, judicial educational sessions and private judicial retreats on constitutional and administrative law and is frequently the only private sector lawyer so invited. He is regularly invited by many administrative tribunals and the Society of Ontario Administrators and Regulators to instruct tribunal members on decision writing and administrative law. David has spoken at over eighty conferences and has authored over seventy articles and papers, primarily in the areas of constitutional, administrative and regulatory law.
    [Show full text]