The Honourable Bertha Wilson Remembering a Distinguished Alumna
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Alessandra Dassios | Lenczner Slaght
1 Alessandra Dassios ALESSANDRA DASSIOS is an articling student at Lenczner Slaght. Alessa completed her bilingual JD and BCL degrees at the McGill University Faculty of Law. During her legal studies, she worked as a Teaching Assistant in contract law and volunteered regularly at the Legal Information Clinic at McGill. At the clinic, she served the Montreal community Education McGill University, Faculty of Law through casework in diverse areas including landlord-tenant (2021) BCL/JD and intellectual property law. University of Toronto, Victoria College (2016) HBA (French Language and French Linguistics) In 2020, Alessa competed in the Laskin Moot in Canadian Contact administrative and constitutional law where she and her moot T 416-865-9500 ext. 581 partner won First Place Pair in oral pleadings in addition to [email protected] winning First Place Factums and First Place School. Prior to law school, Alessa graduated top of her class at the University of Toronto, winning the Rièse Gold Medal for her Honors French Language and Linguistics Degree. RECOGNITION Laskin Moot (2020) First Place Pair (Oral Pleadings), First Place Factums, First Place School Rièse Gold Medal University of Toronto, Victoria College Toronto Alumni 150th Anniversary Scholarship McGill University, Faculty of Law SELECT NEWS ARTICLES Lenczner Slaght Welcomes Our 2021/22 Articling Students – Canada’s leading litigation firm continues to strengthen its talent pool with the addition of seven articling students. Lenczner Slaght Welcomes Eight New Summer Students – Canada’s leading litigation firm continues to attract top talent with the addition of eight exceptional summer students.. -
The Social Contract
The Social Contract Expression Graphics | March 2013 University of Western Ontario (London, Ontario) The sole responsibility for the content of this publication lies with the authors. Its contents do not reflect the opinion of the University Students’ Council of the University of Western Ontario (“USC”). The USC assumes no responsibility or liability for any error, inaccuracy, omission or comment contained in this publication or for any use that may be made of such information by the reader. -1- Table of Contents Preface 3 Letter from the Editor 4 Editorial Board and Staff 5 Special Thanks 6 POLITICAL THEORY War in the Name of Humanity: Liberal Cosmopolitanism and the Depoliticization 9 of the War on Terror by Monica Kozycz Restitutive Justice: The Key to Social Equality by Philip Henderson 23 INTERNATIONAL RELATIONS Vacillating on Darfur: Achieving Peace and Security in Sudan’s Forsaken West 34 by Larissa Fulop Symbol or Strategic Constraint?: The Implications of the EU Arms Embargo 49 for EU-China Relations and China’s Strategy by Ross Linden-Fraser COMPARATIVE POLITICS Mandatory Minimum Drug Sentences by Robert Salvatore Powers 68 CANADIAN POLITICS The Fight to Regain Indigenous Self-Determination in Canada by Philip Henderson 82 AMERICAN POLITICS American Constitutionalism and International Human Rights: A Legal Perspective 94 by Jeremy Luedi BUSINESS AND GOVERNANCE New Public Management, Public-Private Partnerships and Ethical Conflicts 111 for Civil Servants by André Paul Wilkie Implications of Right-to-Work Legislation in Ontario by Caitlin Dunn 126 IDENTITY POLITICS Race and Romance: Black-White Interracial Relationships since Loving v. Virginia 141 by Monica Kozycz MEDIA AND POLITICS More of the Same: The Internet’s Role in Political Campaigns 154 by Steven Wright -2- Preface On behalf of the Department of Political Science, I am both happy and proud to congratulate you on publishing this year’s issue of The Social Contract. -
644 CANADA YEAR BOOK Governments. the Primary Basis For
644 CANADA YEAR BOOK governments. The primary basis for the division is important issue of law that ought to be decided by the found in Section 2 ofthe criminal code. The attorney court. Leave to appeal may also be given by a general of a province is given responsibility for provincial appellate court when one of itsjudgments proceedings under the criminal code. The attorney is sought to be questioned in the Supreme Court of general of Canada is given responsibility for criminal Canada. proceedings in Northwest Territories and Yukon, and The court will review cases coming from the 10 for proceedings under federal statutes other than the provincial courts of appeal and from the appeal criminal code. Provincial statute and municipal division ofthe Federal Court of Canada. The court is bylaw prosecutions are the responsibility ofthe also required to consider and advise on questions provincial attorney general. referred to it by the Governor-in-Council. It may also Prosecutions may be carried out by the police or advise the Senate or the House of Commons on by lawyers, depending on the practice ofthe attorney private bills referred to the court under any rules or general responsible. If he prosecutes using lawyers, orders of the Senate or of the House of Commons. the attorney general may rely on full-time staff The Supreme Court sits only in Ottawa and its lawyers, or he may engage the services of a private sessions are open to the public. A quorum consists of practitioner for individual cases. five members, but the full court of nine sits in most A breakdown of criminal prosecution expenditures cases; however, in a few cases, five are assigned to sit, by level of government in 1981-82 shows that 75% and sometimes seven, when a member is ill or was paid by the provinces (excluding Alberta), 24% disqualifies himself Since most of the cases have by the federal government and 1% by the territories. -
Legality As Reason: Dicey, Rand, and the Rule of Law
McGill Law Journal ~ Revue de droit de McGill LEGALITY AS REASON: DICEY, RAND, AND THE RULE OF LAW Mark D. Walters* For many law students in Canada, the Pour bon nombre d’étudiants en droit au idea of the rule of law is associated with the Canada, l’idée d’une primauté du droit est asso- names of Professor A.V. Dicey, Justice Ivan ciée au professeur A.V. Dicey et au juge Ivan Rand, and the case of Roncarelli v. Duplessis. It Rand ainsi qu’à l’affaire Roncarelli c. Duplessis. is common for students to read excerpts from Il est courant pour les étudiants de lire des ex- Dicey’s Law of the Constitution on the rule of traits traitant de la primauté du droit dans law, and then to examine how the rule of law is, l’œuvre de Dicey intitulée Law of the Constitu- as Rand stated in Roncarelli, “a fundamental tion, puis d’examiner comment la primauté du postulate of our constitutional structure.” In- droit est, comme l’a affirmé Rand dans Ronca- deed, Roncarelli marked a point in time, fifty relli, « [l’]un des postulats fondamentaux de no- years ago, at which the academic expression tre structure constitutionnelle ». En effet, l’arrêt “the rule of law” became a meaningful part of Roncarelli a été rendu au moment où, il y a cin- the legal discourse of judges and lawyers in quante ans, l’expression académique « la pri- Canada. mauté du droit » s’intégrait au sein du discours In this article, the author considers the re- des juges et des avocats au Canada. -
Job Description
GOVERNMENT OF NUNAVUT JOB DESCRIPTION 1. IDENTIFICATION Position No. Job Title Supervisor’s Position 05-NEW Executive Legal Officer, Court Director of Court Services, Nunavut Court of Administration – Nunavut Court of Justice Justice (05-09972) Department Division/Region Community Location Justice Court Services Iqaluit Nunavut Justice Centre Fin. Code: 05660-01-1-111-0545000-01-???? 2. PURPOSE Main reason why the position exists, within what context and what the overall end result is. The Nunavut Court of Justice (NCJ) is a unified trial court administering justice to the Nunavut territory. The NCJ has a current complement of five resident puisne judges, one Senior Judge and approximately 90 deputy judges recruited from other jurisdictions. The NCJ is a superior court with all the powers and legal responsibilities of both a superior court and a provincial or territorial court. The NCJ has a plenary trial jurisdiction in all civil and criminal matters and serves as an Appeal Court for matters originating in the Justice of the Peace Court. The NCJ Court registry also serves as a registry for the Nunavut Court of Appeal and is a receiving agent for the Federal Court of Canada. The court operates on a court circuit model and regularly sits in 25 communities across the Territory. The Executive Legal Officer, Court Administration (“ELOCA”), reports to the Director of Court Services (“Director”). In addition to the tasks and responsibilities assigned by the Director, the ELOCA works in tandem with the Executive Legal Officer, Office of the Senior Judge, to carry out assignments and responsibilities tasked by the Senior Judge and as such, from time to time, is supervised by and receives direction from the Senior Judge. -
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. -
A Rare View Into 1980S Top Court
A rare view into 1980s top court New book reveals frustrations, divisions among the judges on the Supreme Court By KIRK MAKIN JUSTICE REPORTER Thursday, December 4, 2003- Page A11 An unprecedented trove of memos by Supreme Court of Canada judges in the late 1980s reveals a highly pressured environment in which the court's first female judge threatened to quit while another judge was forced out after plunging into a state of depression. The internal memos -- quoted in a new book about former chief justice Brian Dickson -- provide a rare view into the inner workings of the country's top court, which showed itself to be badly divided at the time. The book portrays a weary bench, buried under a growing pile of complex cases and desperately worried about its eroding credibility. One faction complained bitterly about their colleagues' dithering and failure to come to grips with their responsibilities, according to memos seen for the first time by the authors of Brian Dickson: A Judge's Journey. The authors -- Mr. Justice Robert Sharpe of the Ontario Court of Appeal and University of Toronto law professor Kent Roach -- also interviewed many former judges and ex-clerks privy to the inner workings of the court at arguably the lowest point in its history. "The court was struggling with very difficult issues under very difficult circumstances at the time," Prof. Roach said yesterday. "It was a court that had an incredible amount on its plate and, in retrospect, we were well served by that court." The chief agitators were Mr. Justice Antonio Lamer and Madam Justice Bertha Wilson. -
An Unlikely Maverick
CANADIAN MAVERICK: THE LIFE AND TIMES OF IVAN C. RAND 795 “THE MAVERICK CONSTITUTION” — A REVIEW OF CANADIAN MAVERICK: THE LIFE AND TIMES OF IVAN C. RAND, WILLIAM KAPLAN (TORONTO: UNIVERSITY OF TORONTO PRESS FOR THE OSGOODE SOCIETY FOR CANADIAN LEGAL HISTORY, 2009) When a man has risen to great intellectual or moral eminence; the process by which his mind was formed is one of the most instructive circumstances which can be unveiled to mankind. It displays to their view the means of acquiring excellence, and suggests the most persuasive motive to employ them. When, however, we are merely told that a man went to such a school on such a day, and such a college on another, our curiosity may be somewhat gratified, but we have received no lesson. We know not the discipline to which his own will, and the recommendation of his teachers subjected him. James Mill1 While there is today a body of Canadian constitutional jurisprudence that attracts attention throughout the common law world, one may not have foreseen its development in 1949 — the year in which appeals to the Judicial Committee of the Privy Council (Privy Council) were abolished and the Supreme Court of Canada became a court of last resort. With the exception of some early decisions regarding the division of powers under the British North America Act, 1867,2 one would be hard-pressed to characterize the Supreme Court’s record in the mid-twentieth century as either groundbreaking or original.3 Once the Privy Council asserted its interpretive dominance over the B.N.A. -
Bell Canada V Adam Lackman Dba TVADDONS.AG
Date: 20180220 Docket: A-202-17 Citation: 2018 FCA 42 CORAM: NOËL C.J. GAUTHIER J.A. DE MONTIGNY J.A. BETWEEN: BELL CANADA BELL EXPRESSVU LIMITED PARTNERSHIP BELL MEDIA INC. VIDÉOTRON S.E.N.C. GROUPE TVA INC. ROGERS COMMUNICATIONS CANADA INC. ROGERS MEDIA INC. Appellants and ADAM LACKMAN dba TVADDONS.AG Respondent Heard at Montréal, Quebec, on November 16, 2017. Judgment delivered at Ottawa, Ontario, on February 20, 2018. REASONS FOR JUDGMENT BY: DE MONTIGNY J.A. CONCURRED IN BY: NOËL C.J. GAUTHIER J.A. Date: 20180220 Docket: A-202-17 Citation: 2018 FCA 42 CORAM: NOËL C.J. GAUTHIER J.A. DE MONTIGNY J.A. BETWEEN: BELL CANADA BELL EXPRESSVU LIMITED PARTNERSHIP BELL MEDIA INC. VIDÉOTRON S.E.N.C. GROUPE TVA INC. ROGERS COMMUNICATIONS CANADA INC. ROGERS MEDIA INC. Appellants and ADAM LACKMAN dba TVADDONS.AG Respondent REASONS FOR JUDGMENT DE MONTIGNY J.A. [1] The appellants Bell Canada, Bell Expressvu Limited Partnership, Bell Media Inc., Vidéotron S.E.N.C., Groupe TVA Inc., Rogers Communications Canada Inc. and Rogers Media Page: 2 Inc. (the appellants) are appealing the order of Justice Bell of the Federal Court (the Judge) dated June 29, 2017 (Justice Bell’s Order or Reasons), whereby he vacated the Anton Piller order granted by Justice LeBlanc on June 9, 2017 (Justice LeBlanc’s Order) and dismissed the appellants’ motion for an interlocutory injunction. In the underlying action, the appellants alleged that Adam Lackman (the respondent) infringed copyright by communicating and making available to the public the appellants’ programs, and by inducing and/or authorizing users of infringing add-ons to initiate acts of infringement through the business it operates under the name TVAddons.ag (TVAddons or the TVAddons website). -
Poverty: Rights, Social Citizenship, and Legal Activism (Vancouver: UBC Press, 2007), 389 Pp
REVIEW OF POVERTY RIGHTS, SOCIAL CITIZENSHIP, AND LEGAL ACTIVISM EDITED BY MARGOT YOUNG, SUSAN B. BOYD, GWEN BRODSKY AND SHELAGH DAY Margo Louise Foster* Margot Young, Susan B. Boyd, Gwen Brodsky & Shelagh Day, eds., Poverty: Rights, Social Citizenship, and Legal Activism (Vancouver: UBC Press, 2007), 389 pp. Louise Arbour has likened the present state of human rights in the inter- national context to a pillar of glass: these rights are invisible, decorative, and support nothing.1 Her sharp metaphor seems equally applicable to the treat- ment of human rights - in particular, social and economic rights - on the domestic front. Many Canadians take pride in the fundamental rights and freedoms entrenched in the Canadian Charter of Rights and Freedoms,2 but as the essays in Poverty: Rights, Social Citizenship, and Legal Activism3 show, many fail to see how those rights are infringed by the existence of poverty. This failure to see can also be observed in Canadian courts: for example, Gosselin v. Quebec (Attorney General),4 the very case that instigated Poverty, illustrates how the courts have resisted using the Charterto protect economic and social rights or to hold governments accountable for policies that per- petuate poverty. Within Canadian society, one can easily observe a divide * B.A. Hons. (UBC), M.A. (SFU), L.L.B. (UVIC 2009). I wish to thank Professor Freya Kodar for her feedback on an earlier draft of this review and Professor Benjamin Berger for his insightful and challenging comments on subsequent drafts. 1 Louise Arbour, "International Human Rights Advocacy: Opportunities and Limitations" (Lecture delivered at the Faculty of Law, University of Victoria, 19 September 2008) [unpublished], cited with the speaker's permission. -
Thesis Submitted in Conformity with the Requirements for the Degree of Master of Laws (LL.M) Graduate Department of the Faculty of Law University of Toronto
“The Life of a Reserve”: How Might We Improve the Structure, Content, Accessibility, Length & Timeliness of Judicial Decisions? by Jon Khan A thesis submitted in conformity with the requirements for the degree of Master of Laws (LL.M) Graduate Department of the Faculty of Law University of Toronto © Copyright by Jon Khan (2019) “The Life of a Reserve”: How Might We Improve the Structure, Content, Accessibility, Length & Timeliness of Judicial Decisions? Jon Khan Masters of Law Faculty of Law University of Toronto 2019 Abstract This thesis explains how judicial decisions may impact access to justice and how might we make decisions a better source of data while also making them more timely, concise, accessible, and consistent. It examines the historical and theoretical underpinnings of Canadian decisions and the relationship of decision-writing to decision-making. It then discusses the results of an original empirical study of the evolution of British Columbia trial decisions over the last forty years and a survey of Canadian courts. It argues that the current process for writing and issuing Canadian judicial decisions likely does not further the goals of access to justice and may even hinder them. To improve access to justice, it suggests that governments, academics, and judiciaries should rely on human-centered design to design standardized structures and templates for decisions, and it provides a design plan for such reforms and examines the ways judicial independence may impact such reforms. ii Acknowledgments To my advisor—Professor Andrew Green—I would have been rudderless without your direction. Thank you for motivating me to continually think about why judges do what they do and to persistently explore my intuitions about the law and what data can reveal. -
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