Bora Laskin

Bora Laskin

Author: Philip Girard

Publisher: University of Toronto Press

Published: 2015-01-15

Total Pages: 690

ISBN-13: 1442616881

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In any account of twentieth-century Canadian law, Bora Laskin (1912-1984) looms large. Born in northern Ontario to Russian-Jewish immigrant parents, Laskin became a prominent human rights activist, university professor, and labour arbitrator before embarking on his 'accidental career' as a judge on the Ontario Court of Appeal (1965) and later Chief Justice of Canada (1973-1984). Throughout his professional career, he used the law to make Canada a better place for workers, racial and ethnic minorities, and the disadvantaged. As a judge, he sought to make the judiciary more responsive to modern Canadian expectations of justice and fundamental rights. In Bora Laskin: Bringing Law to Life, Philip Girard chronicles the life of a man who, at all points of his life, was a fighter for a better Canada: he fought antisemitism, corporate capital, omnipotent university boards, the Law Society of Upper Canada, and his own judicial colleagues in an effort to modernize institutions and re-shape Canadian law. Girard exploits a wealth of previously untapped archival sources to provide, in vivid detail, a critical assessment of a restless man on an important mission.


Peace, Order, and Good Government

Peace, Order, and Good Government

Author: Clement Macintyre

Publisher: Wakefield Press

Published: 2003

Total Pages: 352

ISBN-13: 9781862546172

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Fundamental reform of State Constitutions is needed now more than ever. Indeed, the process is under way in all States and Territories. Across Australia there is a growing belief that public institutions must be made more relevant to the needs of an increasingly restless electorate.


A History of Canadian Legal Thought

A History of Canadian Legal Thought

Author: R. C. B. Risk

Publisher: University of Toronto Press

Published: 2006-01-01

Total Pages: 449

ISBN-13: 0802094244

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This volume in the Osgoode Society's distinguished series on the history of Canadian law is a collection of the principal essays of Professor Emeritus R.C.B. Risk, one of the pioneers of Canadian legal history and for many years regarded as its foremost authority on the history of Canadian legal thought. Frank Scott, Bora Laskin, W.P.M. Kennedy, John Willis and Edward Blake are among the better known figures whose thinking and writing about law are featured in this collection. But this compilation of the most important essays by a pioneer in Canadian legal history brings to light many other lesser known figures as well, whose writings covered a wide range of topics, from estoppel to the British North America Act to the purpose of legal education. Written over more than two decades, and covering the immediate post-Confederation period to the 1960s, these essays reveal a distinctive Canadian tradition of thinking about the nature and functions of law, one which Risk clearly takes pride in and urges us to celebrate.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Courts and Federalism

Courts and Federalism

Author: Gerald Baier

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 226

ISBN-13: 0774841028

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Courts and Federalism examines recent developments in the judicial review of federalism in the United States, Australia, and Canada. Through detailed surveys of these three countries, Gerald Baier clearly demonstrates that understanding judicial doctrine is key to understanding judicial power in a federation. Baier offers overwhelming evidence of doctrine's formative role in division-of-power disputes and its positive contribution to the operation of a federal system. Courts and Federalism urges political scientists to take courts and judicial reasoning more seriously in their accounts of federal government.


Revisiting Unity and Diversity in Federal Countries

Revisiting Unity and Diversity in Federal Countries

Author: Alain-G. Gagnon

Publisher: BRILL

Published: 2018-09-24

Total Pages: 512

ISBN-13: 9004367187

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The principal aim of this book is to revisit the basic theme of “unity and diversity” that remains at the heart of research into federalism and federation. It is time to take another look at its contemporary relevance to ascertain how far the bifocal relationship between unity and diversity has evolved over the years and has been translated into changing conceptual lenses, practical reform proposals and in some cases new institutional practices. This book is structured around four main parts: (1) the evolving conception of diversity over time and across continents; (2) the interplay between unity and diversity in complex settings; (3) federalism as decision-making and new institutional practices that have been put forward and tested; and (4) constitutional design and asymmetrical federalism as a way to respond to legitimate and insisting claims and political demands.


Last Word

Last Word

Author: Florian Sauvageau

Publisher: UBC Press

Published: 2011-11-01

Total Pages: 273

ISBN-13: 0774841494

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Media coverage of the Supreme Court of Canada has emerged as a crucial factor not only for judges and journalists but also for the public. It's the media, after all, that decide which court rulings to cover and how. They translate highly complex judgments into concise and meaningful news stories that will appeal to, and be understood by, the general public. Thus, judges lose control of the message once they hand down decisions, and journalists have the last word. To show how the Supreme Court has fared under the media spotlight, Sauvageau, Schneiderman, and Taras examine a year in the life of the court and then focus on the media coverage of four high-profile decisions: the Marshall case, about Aboriginal rights; the Vriend case, about gay rights; the Quebec Secession Reference; and the Sharpe child pornography case. They explore the differences between television and newspaper coverage, national and regional reporting, and the French- and English-language media. They also describe how judges and journalists understand and interact with one another amid often-clashing legal and journalistic cultures, offering a rich and detailed account of the relationship between two of the most important institutions in Canadian life.


Market Rules

Market Rules

Author: Douglas Brown

Publisher: McGill-Queen's Press - MQUP

Published: 2003

Total Pages: 348

ISBN-13: 9780773522879

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Federalism is about dividing and sharing government, often in complex ways that involve some tasks being done jointly. Are federal systems capable of effective joint policy-making? Is this possible in the fast-moving context of globalization? In Market Rules Douglas Brown examines these questions through a comparative study of Australia and Canada, looking at recent major reforms to the economic union in the two federations and comparing them with the evolving European Union (EU). Brown argues that internal barriers to trade and competition in these countries were significant obstacles to competition in the global economy and shows that the old market rules were rooted in longstanding political and regional compromises. He describes the process of detailed and difficult intergovernmental collaboration required for the EU, and now Canada and Australia, to produce new market rules. The resulting reforms created new regimes that provide deeper and broader national economic integration in Canada and Australia than in the EU. The new rules entrench neo-liberal values, retaining some room for diversity and flexibility for equity goals. Built on a careful analysis of the differences and similarities in political economy, constitutional design, federal culture, and history of intergovernmental relations in Canada and Australia, Market Rules provides fresh evidence that federal states can be strong and autonomous in the global society, while underscoring the conditions for effective collaboration that make this sustainable. Rich in detail, broad in scope, Market Rules makes a significant contribution to knowledge about federalism and economic policy-making in the era of globalization.


Law, Rhetoric and Irony in the Formation of Canadian Civil Culture

Law, Rhetoric and Irony in the Formation of Canadian Civil Culture

Author: Michael Dorland

Publisher: University of Toronto Press

Published: 2002-01-01

Total Pages: 378

ISBN-13: 9780802081193

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In Rhetoric, Irony, and Law in the Formation of Canadian Civil Culture, Michael Dorland and Maurice Charland examine how, over the roughly 400-year period since the encounter of First Peoples with Europeans in North America, rhetorical or discursive fields took form in politics and constitution-making, in the formation of a public sphere, and in education and language. The study looks at how these fields changed over time within the French regime, the British regime, and in Canada since 1867, and how they converged through trial and error into a Canadian civil culture. The authors establish a triangulation of fields of discourse formed by law (as a technical discourse system), rhetoric (as a public discourse system), and irony (as a means of accessing the public realm as the key pillars upon which a civil culture in Canada took form) in order to scrutinize the process of creating a civil culture. By presenting case studies ranging from the legal implications of the transition from French to English law to the continued importance of the Louis Riel case and trial, the authors provide detailed analyses of how communication practices form a common institutional culture. As scholars of communication and rhetoric, Dorland and Charland have written a challenging examination of the history of Canadian governance and the central role played by legal and other discourses in the formation of civil culture.