SCAI Annual Report 2008-2009
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The Social Context Education Project (SCEP) Was a Special Project of the National Judicial Institute Between 1996-2003
NATIONAL JUDICIAL INSTITUTE, CANADA THE SOCIAL CONTEXT EDUCATION PROJECT SUMMARY The Social Context Education Project (SCEP) was a special project of the National Judicial Institute between 1996-2003. The program had two phases: • Phase I concentrated on full-court education seminars in every province of Canada. These seminars were designed to create a common base of information and understanding of the relevance and applicability of social context among all judges in Canada. Over 20 programs were held involving over 1000 judges. • Phase II focused on developed skilled judicial education leaders in this area through an intensive program of judicial faculty development. Curriculum development was another focus of Phase II. Since 2003, social context has been integrated as a regular component of NJI work through adoption of the guiding principle that judicial education should always be ‘three dimensional’ (substantive law, skills development and social context awareness) and designation of a member of the senior management team responsible for social context integration. The Social Context Education Program: • Built on work initiated in Canada by the Western Judicial Education Centre • Was mandated by the Canadian Judicial Council and supported by Chief Judges. • Built from the premise that understanding social context and integrating it into judicial processes and judicial decision-making is mandated by law. • Was developed in synergy with jurisprudential developments explicitly recognizing the legitimacy of contextual inquiry in judicial decision-making. • Has proceeded on the basis that social context education is a long-term process not an inoculation. The long-term goal is integration of social context into all forms of judicial education as an automatic part of the landscape. -
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 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 -
Reforming the Supreme Court Appointment Process, 2004-2014: a 10-Year Democratic Audit 2014 Canliidocs 33319 Adam M
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 67 (2014) Article 4 Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit 2014 CanLIIDocs 33319 Adam M. Dodek 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 Dodek, Adam M.. "Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). http://digitalcommons.osgoode.yorku.ca/sclr/vol67/iss1/4 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 The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit* Adam M. Dodek** 2014 CanLIIDocs 33319 The way in which Justice Rothstein was appointed marks an historic change in how we appoint judges in this country. It brought unprecedented openness and accountability to the process. The hearings allowed Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible.1 — The Rt. Hon. Stephen Harper, PC [J]udicial appointments … [are] a critical part of the administration of justice in Canada … This is a legacy issue, and it will live on long after those who have the temporary stewardship of this position are no longer there. -
Gosselin V. Que´Bec (Attorney General)
Gosselin v. Que´bec (Attorney General) Gwen Brodsky, Rachel Cox, Shelagh Day and Kate Stephenson Authors’ Note Some of the authors of this judgment have a history with Gosselin v. Quebec (Attorney General) that pre-dates the creation of the Women’s Court of Canada. Rachel Cox and Gwen Brodsky were co-counsel to the National Association of Women and the Law (NAWL) in its 2001 intervention in Gosselin at the Supreme Court of Canada. Shelagh Day was an advisor to NAWL’s legal team in that litigation. Kate Stephenson was not directly involved in the Gosselin case, but her work as a leading anti-poverty litigator makes her intimately familiar with the reasoning and outcome. Each of the authors has been affected by the Supreme Court of Canada’s decision. Rachel Cox, who lived in Montre´ al in the 1980s when the Social Aid Regulation reduced young people’s welfare benefit by two-thirds, felt keenly the gulf between the reality of the time and the Supreme Court of Canada’s characterization of the scheme as ‘‘an affirmation of [young people’s] potential’’ and dignity. For those living in Que´ bec in the 1980s, the reason for the reduced rate was clear: to save the government money. Even if people disagreed about whether that was right or wrong, no one believed at the time that the government had designed the scheme in a sincere effort to help young people on welfare. There was a recession and somebody had to pay. Simply put, the court case was about whether or not it was legal for the government to make already very poor welfare recipients pay so much of the cost. -
Poverty Law and Society Series W
Poverty Law and Society Series W. Wesley Pue, General Editor The Law and Society Series explores law as a socially embedded phenom- enon. It is premised on the understanding that the conventional division of law from society creates false dichotomies in thinking, scholarship, educational practice, and social life. Books in the series treat law and society as mutually constitutive and seek to bridge scholarship emerging from interdisciplinary engagement of law with disciplines such as politics, social theory, history, political economy, and gender studies. A list of the titles in this series is available at http://www.ubcpress.ca/books/ series_law.html Edited by Margot Young, Susan B. Boyd, Gwen Brodsky, and Shelagh Day Poverty: Rights, Social Citizenship, and Legal Activism © UBC Press 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without prior written permission of the publisher, or, in Canada, in the case of photocopying or other reprographic copying, a licence from Access Copyright (Canadian Copyright Licensing Agency), www.accesscopyright.ca. 15 14 13 12 11 10 09 08 07 5 4 3 2 1 Printed in Canada on ancient-forest-free paper (100% post-consumer recycled) that is processed chlorine- and acid-free, with vegetable-based inks. Library and Archives Canada Cataloguing in Publication Poverty : rights, social citizenship, and legal activism / edited by Margot Young [et al.]. (Law and Society, ISSN 1496-4953) Includes bibliographical references and index. ISBN 978-0-7748-1287-0 1. Public welfare – Law and legislation – 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. -
37524 in the Supreme Court of Canada (On Appeal from the Court of Appeal for British Columbia)
SCC Court File No: 37524 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA) B E T W E E N: HER MAJESTY THE QUEEN IN RIGHT OF BRITISH COLUMBIA APPELLANT (Appellant) - and - PHILIP MORRIS INTERNATIONAL, INC. RESPONDENT (Respondent) MOTION RECORD OF SAMUELSON-GLUSHKO CANADIAN INTERNET POLICY AND PUBLIC INTEREST CLINIC (Motion for leave to intervene) Pursuant to Rules 47 and 55 of the Rules of the Supreme Court of Canada Samuelson-Glushko Canadian Internet Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) Policy & Public Interest Clinic (CIPPIC) University of Ottawa, Faculty of Law, University of Ottawa, Faculty of Law, Common Law Section Common Law Section 57 Louis Pasteur Street 57 Louis Pasteur Street Ottawa, ON, K1N 6N5 Ottawa, ON, K1N 6N5 David Fewer David Fewer Tel: (613) 562-5800 x 2558 Tel: (613) 562-5800 x 2558 Fax: (613) 562-5417 Fax: (613) 562-5417 Email: [email protected] Email: [email protected] Counsel for the Proposed Intervener Agent for the Proposed Intervener TO: THE REGISTRAR COPY TO: SISKINDS LLP SUPREME ADVOCACY LLP 680 Waterloo Street 100-340 Gilmour Street PO Box 2520, Station B Ottawa, ON K2P 0R3 London, ON N6A 3V8 James D. Virtue Marie-France Major Tel: (519) 672-2121 Tel: (613) 695-8855 Ext: 102 Fax: (519) 672-6065 Fax: (613) 695-8580 Email: [email protected] Email: [email protected] Counsel for the Appellant, Agent for the Appellant, Her Majesty the Queen in Right of Her Majesty the Queen in Right of British Columbia British Columbia AND TO: McCARTHY TÉTRAULT LLP GOWLING WLG (CANADA) LLP Suite 2400, 745 Thurlow Street 160 Elgin Street, Suite 2600 Vancouver, BC, V6E 0C5 Ottawa, ON, K1P 1C3 Michael A. -
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 -
Michel Bastarache's Language Rights Legacy
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 47 (2009) Article 13 Michel Bastarache’s Language Rights Legacy Michel Y. Hélie 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 Hélie, Michel Y.. "Michel Bastarache’s Language Rights Legacy." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 47. (2009). http://digitalcommons.osgoode.yorku.ca/sclr/vol47/iss1/13 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. Michel Bastarache’s Language Rights Legacy Michel Y. Hélie I. CONQUEST TO CONFEDERATION On a battlefield almost 250 years ago, General Wolfe faced the Marquis de Montcalm and the dream of une Amérique française died. La Nouvelle-France, even then commonly known as Canada, became a British colony and the status of the language of Molière became uncertain, threatened and the source of conflict ever since. The constitutional status of the French language today in Canada, the direction in which it is headed, and the influence the Honourable Michel Bastarache has exerted over these issues is the subject of this paper. Although the intention of the British Empire to assimilate its newest acquisition is beyond doubt, the French fact, that is, the overwhelming majority of French-speaking inhabitants north of the American colonies, presented a significant challenge to achieving this goal.