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Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 077482350X
Category : History
Languages : en
Pages : 266
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Book Description
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Author: Emmett Macfarlane
Publisher: UBC Press
ISBN: 077482350X
Category : History
Languages : en
Pages : 266
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Book Description
In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.
Author: James W. St. G. Walker
Publisher: Wilfrid Laurier Univ. Press
ISBN:
Category : History
Languages : en
Pages : 474
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Book Description
Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR
Author: Michael Geist
Publisher: University of Ottawa Press
ISBN: 0776620843
Category : Law
Languages : en
Pages : 476
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Book Description
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.
Author:
Publisher:
ISBN: 9780433533719
Category :
Languages : en
Pages : 0
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Book Description
Author: Supreme Court of Canada
Publisher: Dundurn
ISBN: 1770700951
Category : Law
Languages : en
Pages : 225
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Book Description
A commemoration of two significant dates, The Supreme Court of Canada and its Justices is also a colourful portrait and an indispensable reference book. A bilingual co-publication of Dundurn Press and the Supreme Court of Canada, the book contains biographies, with portraits or photographs, of every Justice appointed to the Court since its inception. The Supreme Court of Canada and its Justices also features a preface by Chief Justice Beverley McLachlin and a history of the Court by former Chief Justice Antonio Lamer. A succession list and a selected bibliography are included for researchers. A key section of the book deals with the Court’s distinguished building, which was designed by renowned architect Ernest Cormier. Written by Professor Isabelle Gournay of the University of Maryland and France Vanlaethem of the Universite du Quebec a Montreal, this section is illustrated with Cormier’s own watercolours and drawings, as well as current photographs. The Supreme Court of Canada and its Justices is a fitting commemoration of the Supreme Court’s 125 years and its fiftieth year as the court of last resort in Canada.
Author: Carissima Mathen
Publisher: UBC Press
ISBN: 0774864303
Category : Law
Languages : en
Pages : 281
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Book Description
The process by which Supreme Court judges are appointed is traditionally a quiet affair, but this certainly wasn’t the case when Prime Minister Stephen Harper selected Justice Marc Nadon for appointment to Canada’s highest court. Here, for the first time, is the complete story of “the Nadon Reference” – one of the strangest sagas in Canadian legal history. Following the Prime Minister's announcement, controversy swirled and debate raged: as a federal court judge, was Marc Nadon eligible for one of the three seats traditionally reserved for Quebec? Then, in March 2014, the Supreme Court of Canada broke new ground in statutory interpretation and constitutional law when it released the Reference re Supreme Court Act, ss 5 and 6. With detailed historical and legal analysis, including never-before-published interviews, The Tenth Justice explains how the Nadon Reference came to be a case at all, the issues at stake, and its legacy.
Author: Philip Slayton
Publisher: Penguin Canada
ISBN: 0143180517
Category : Political Science
Languages : en
Pages : 429
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Book Description
In Mighty Judgment Philip Slayton describes the important issues the Supreme Court decides for individual Canadians and for Canada as a nation, and the surprising and dramatic ways in which these decisions shape our future. In the Morgentaler case (1988), the court struck down laws restricting abortion, leaving Canada the only Western country without any abortion laws. In the Same-Sex Marriage Reference (2004), it decided that gays and lesbians could marry. In the Secession Reference (1998), it laid down the conditions under which Quebec could secede from Canada. In the Patrick case (2009), the court decided that the right of privacy does not stop the police from rifling through our garbage. More recently, the court administered a tongue-lashing to the federal government over its treatment of Canadian youth Omar Khadr, accused by the United States government of fighting with the Taliban. Mighty Judgment makes clear that the Supreme Court of Canada is a political institution, and that judges are politicians. But unlike other politicians, judges cannot be voted out of office. Slayton discusses reforms that will be needed, particularly in the way judges are chosen, once we recognize that the court decides policy and plays a pivotal role in governing Canada.
Author: Canadian Judicial Council
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 56
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Book Description
This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.
Author: Robert J. Sharpe
Publisher: University of Toronto Press
ISBN: 9780802089526
Category : Biography & Autobiography
Languages : en
Pages : 636
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Book Description
Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.
Author: LAWRENCE. DAVID
Publisher:
ISBN: 9780433506096
Category :
Languages : en
Pages :
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Book Description
