Volume 49, No. 1, Fall 2023
Articles
- The New Canadian Defence: The Impact of UNDRIP Article 30 on Canadian Domestic Defence Strategy, by Preston Jordan Lim
- Policing, Technology, and the Erosion of Constitutional Rights, by Terry Skolnik
Volume 48, No. 2, Spring 2023
Articles
- Sentencing Kids to Life: New approaches for challenging youth life sentences under Section 12 of the Charter, by Leila Nasr
- Writing Canada’s Political Constitution, by Philippe Lagassé and Vanessa MacDonnell
- Releasing the Unknown: Theoretical and Evidentiary Challenges in Interpreting the Release of Unanticipated Claims, by Daniele Bertolini
- “Police Authority is Necessary”: The Canadian Origins of the Legal Powers to Detain and Deport, 1893-1902, by Simon Wallace
Volume 48, No. 1, Fall 2022
Articles
- The Implications of the Vavilov Framework for Doré Judicial Review, by Vincent Roy
- Enduring Metaphors: The Persons Case and the Living Tree, by Peter C Oliver
- Reasonable Apprehension Under Mental Health Law, by Robert Diab and Jolene Sanderson
- Alternatives to Expectation: When Can You Get Disgorgement, Gain-Based, or Restitutionary Damages for Breach of Contract?, by Krish Maharaj
Volume 47, No. 2, Spring 2022
Articles
- Hearsay and its Limits in Extradition Proceedings: Is the Use of Supplementary Records of the Case to Rebut Allegations of Misconduct Constitutional?, by Stacey M. Purser
- Post-Bedford: Judicial Variance in Applying Canada’s New Sex Work Regime, by Elisa Carbonaro
- Intangible Justice? Intellectual Property Disputes and Canadian Small Claims Courts, by Anthony Rosborough & Reagan Seidler
- Local Code: Subsidiarity and the Canadian Criminal Jury, by Michael Plaxton
Volume 47, No. 1, Fall 2021
Articles
- Now We’re Talking: Revisiting the Canadian Approach to No Oral Modification Clauses, by Christoph Pike
- Incentives, Experts, and Regulatory Renewal, by Douglas Sarro
- Purposivism, Textualism, and Originalism in Recent Cases on Charter Interpretation, by Léonid Sirota
- The Boundaries of Judicial Review Since Highwood Congregation of Jehovah’s Witnesses v Wall, by Derek McKee
Volume 46, No. 2, Spring 2021
Articles
- The Good Governance of Empirical Evidence About Prostitution, Sex Work, and Sex Trafficking in Constitutional Litigation, by Debra M Haak
- Justice(s) Out of Office: Principles for Former Judges, by Mark Mancini & Geoffrey Sigalet
Essay
- The Living Tree, Very Much Alive and Still Bearing Fruit: A Reply to the Honourable Bradley W Miller, by Wilfrid J Waluchow
COVID-19 & the Law
- Introduction, by Michelle de Haas & Cosimo Morin
- The Urgent and the Important: Political Resistance During a Pandemic, by Ashwini Vasanthakumar
- The Rule of Law in a Pandemic, by Victoria Carmichael & Grégoire Webber
- The Pains of Imprisonment in a Pandemic, by Lisa Kerr & Kristy-Anne Dubé
- Pandemic Schooling and the Politics of Safety, by Lisa M Kelly, Deniz Kilinc, Sonia Lawrence & Cosimo Morin
- COVID-19 and the Regulation of Alternative Financial Services, by Kevin Akrong & Gail E Henderson
- The Pandemic and Beyond: Federalism Faces Existential Threats, by Cherie Metcalf & Meghan Huskisson-Snider
- The (Astonishingly) Rapid Turn to Remote Hearings in Commercial Arbitration, by Joshua Karton
- The Case for AI-Powered Legal Aid, by Samuel Dahan & David Liang
- The COVID-19 Pandemic and Insurance Coverage for Business Interruption in Canada, by Erik S Knutsen
- Ontario’s Pandemic Procedure, by Alyssa S King
Volume 46, No. 1, Fall 2020
Articles
- Pension Fiduciaries and Climate Change: A Canadian Perspective, by Maziar Peihani
- Analyzing the Law of Police Dynamic Entry in Canada, by Brendan Roziere & Kevin Walby
- Mediation, the Rule of Law, and Dialogue, by Nayha Acharya
- Licence to Khill: What Appellate Decisions Reveal About Canada’s New Self-Defence Law, by Noah Weisbord
Volume 45, No. 2, Spring 2020
Articles
- Explaining Disqualification: An Empirical Review of Motions for the Removal of Counsel, by Brooke MacKenzie
- Civil Appeals in Ontario: How the Interlocutory/Final Distinction Became So Complicated and the Case for a Simple Solution?, by Gerard J Kennedy
- “Who Gets the Dog?”: A Family Law Approach, by Jodi Lazare
- Judicial Reasoning Across Legal Orders: Lessons from Nunavut, by Don Couturier
Judicial Speech
- Constitutional Supremacy and Judicial Reasoning, by The Honourable Bradley W Miller
Review
- Raficq S Abdulla & Mohamed M Keshavjee, Understanding Sharia: Islamic Law in a Globalised World, by Sonia-Nurin Shah-Kazemi
Volume 45, No. 1, Fall 2019
Articles
- Judicial Review of Refugee Determinations (II): Revisiting the Luck of the Draw, by Sean Rehaag
- Provincial Jurisdiction over Abortion, by Sarah Burningham
- Transfer by Contract at Common Law and in Equity, by Stéphane Sérafin
- International Comity and the Construction of the Charter’s Limits: Hape Revisited, by Kerry Sun
- The Daily Work of Fitting in as a Marginalized Lawyer, by Kim Brooks
Review
- Vanisha H Sukdeo, Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour, by Fenner L Stewart
Volume 44, No. 2, Spring 2019
Contesting Criminal Law: Honouring The Work of Professor Don Stuart
- Introduction, by Lisa M Kelly (Guest Editor)
- Why De Minimis Should Not Be a Defence, by Steve Coughlan
- Sentencing for Sexual Offences Against Children and Youth: Mandatory Minimums, Proportionality and Unintended Consequences, by Janine Benedet
- Myth, Inference and Evidence in Sexual Assault Trials, by Lisa Dufraimont
Articles
- Entrapment Minimalism: Shedding the “No Reasonable Suspicion or Bona Fide Inquiry” Test, by Steven Penney
- Two Views of the Cathedral: Civilian Approaches, Reasonable Expectation, and the Puzzle of Good Faith’s Past and Future, by Nicholas Reynolds
Volume 44, No. 1, Fall 2018
Articles
- Behind Closed Doors: Secret Law and the Special Advocate System in Canada, by Graham Hudson & Daniel Alati
- MAID in Canada? Debating the Constitutionality of Canada’s New Medical Assistance in Dying Law, by Thomas McMorrow
- Adducing Social Science Evidence in Constitutional Cases, by Benjamin Perryman
- Political Trust as the Basis for a Social Rights Enforcement Framework, by David Vitale
- The Consumption of Ideas: Tuberculosis, the Constitutions of Canada and South Africa, and the Progressive Development of Human Rights Instruments, by Adam R Houston
Review
Volume 43, No. 2, Spring 2018
Articles
- What is Corporate Governance? Can We Measure it? Can Investment Fiduciaries Rely on it? By Bryce C. Tingle
- Making the Mandela Rules: Evidence, Expertise, and Politics in the Development of Soft Law International Prison Standards, by Jennifer Peirce
- How and Why Homeless People Are Regulated Differently, by Terry Skolnik
- When Efficiency Calls: Rethinking the Obligation to Provide Reasons for Administrative Decisions, by Kendrick Lo
Volume 43, No. 1, Fall 2017
Articles
- Patrick Hart, “Justice for (W)all: Judicial Review and Religion.”
- Jason M. Chin & Helena Likwornik, “R v Bingley and the Importance of Scientifically Guided Legal Analysis.”
- Luke Beck, “The Role of Religion in the Law of Royal Succession in Canada and Australia.”
- Colton Fehr , “Self-Defence and the Constitution.”
- Stephen GA Pitel & Liam Ledgerwood, “Judicial Confidentiality in Canada.”
- Alexandra Hebert, “Change in Paradigm or Change in Paradox? Gladue Report Practices and Access to Justice.”
- Blair Major, “Translating the Conflict over Trinity Western University’s Proposed Law School.”
Review
Volume 42, No. 2, Spring 2017
Articles
- Peter Sankoff, Sarah Denholm & Brandyn Rodgerson, “An Unfair and Costly Burden: Assessing the Impact of Section 794(2) of the Criminal Code on the Criminal Justice System."
- Jessica Eisen, “Grounding Equality in Social Relations: Suspect Classification, Analagous Grounds and Relational Theory.”
- Colton Fehr, “(Re-)Constitutionalizing Duress and Necessity.”
Case Comment
Review
Volume 42, No. 1, Fall 2016
Articles
- The Honourable Justice Thomas A. Cromwell & Siena Anstis, “The Legal Services Gap: Access to Justice as a Regulatory Issues.”
- The Honourable Justice David Stratas, “The Canadian Law of Judicial Review: A Plea for Doctrinal Coherence and Consistency.”
- Emily Ann Satterthwaite, “Tax Elections as Screens.”
- Benjamin Oliphant & Léonid Sirota, “Has the Supreme Court of Canada Rejected ‘Originalism’?”
Volume 41, No. 2, Spring 2016
A Tribute to Bernie Adell
- Bill Flanagan, Sharon Ford, Erin Dann, Cody Yorke & Giovanna Di Sauro, "Introductions: Bernie Adell Remembered"
- Elizabeth Shilton, "Labour Arbitration and Public Rights Claims: Forcing Square Pegs into Round Holes"
- Ron McCallum & Hannah Martin, "A Forgotten Cohort: Citizenship Through Work and Persons with Disabilities"
Articles
- Derek McKee, "The Standard of Review for Questions of Procedural Fairness"
- Jennifer Bond, "The Defence of Duress in Canadian Refugee Law"
- Graham Reynolds, "The Limits of Statutory Interpretation: Towards Explicit Engagement, by the Supreme Court of Canada, with the Charter Right to Freedom of Expression in the Context of Copyright"
Case Comment
Review
Volume 41, No. 1, Fall 2015
- Ran Hirschl, "Constitutional Renewal: Comparative Lessons for Canada"
- Paul Daly, "A Supreme Court’s Place in the Constitutional Order: Contrasting Recent Experiences in Canada and the United Kingdom"
- Stephen Tierney, "Popular Constitutional Amendment: Referendums and Constitutional Change in Canada and the United Kingdom"
- Erin Crandall, "Defeat and Ambiguity: The Pursuit of Judicial Selection Reform for the Supreme Court of Canada"
- Hoi L Kong, "Deliberative Constitutional Amendments"
- Richard Albert, "The Theory and Doctrine of Unconstitutional Constitutional Amendment in Canada"
Article
Essay
Volume 40, No. 2, Spring 2015
Articles
- Divorce Act into the New Millennium: Enacting a Child-Focused Parenting Law".
- Lisa Coleen Kerr, "The Chronic Failure to Control Prisoner Isolation in US and Canadian Law".
- Micah B Rankin, "The Origins, Evolution and Puzzling Irrelevance of Jury Recommendations in Second-Degree Murder Sentencing".
- Kathryn Chan, "The Co-optation of Charities by Threatened Welfare States".
- Daniella Murynka, "Give Me One Good Reason: The "Principled Approach" in the Canadian Judicial Opinion".
- Colin Jackson, "The Case for a Canadian Offer-in-Compromise Program".
- Sarah E Hamill, "Common Law Property Theory and Jurisprudence in Canada".
- De Minimis, Cumulative Environmental Effects and Risk-Based Regulation".
- Madeleine Conway, "A New Duty of Care? Tort Liability from Voluntary Human Rights Due Diligence in Global Supply Chains".
Book Review
Volume 40, No. 1, Fall 2014
Crimmigration, Surveillance and "Security Threats": A Multidisciplinary Dialogue
- Sharryn Aiken, David Lyon & Malcolm Thorburn, "Introduction".
- Audrey Macklin, "Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien".
- Juliet P Stumpf, "Civil Detention and Other Oxymorons".
- Kent Roach, "Be Careful What You Wish For? Terrorism Prosecutions in Post-9/11 Canada".
- Elspeth Guild & Karin Zwaan, "Does Europe Still Create Refugees? Examining the Situation of the Roma".
Articles
- Jacob Weinrib, "The Modern Constitutional State: A Defence".
- Paul Daly, "Canada's Bipolar Administrative Law: Time for Fusion".
- Brian Langille & Benjamin Oliphant, "The Legal Structure of Freedom of Association".
- Paul B Miller, "Multiple Loyalties and the Conflicted Fiduciary".
- Vince Morabito, "Additional Compensation to Representative Plaintiffs in Ontario: Conceptual, Empirical and Comparative Perspectives".
- Greg Weber, "Waiver of Tort: Disgorgement Ex Nihilo".
Volume 39, No. 2, Spring 2014
Articles
- Constance Backhouse, "'We Don't Hire a Woman Here': Claire L'Heureux-Dubé and the Career Prospects for Early Female Law Graduates from Laval University".
- Tamar Frankel, "Toward Universal Fiduciary Principles".
- M H Ogilvie, "Are Members of the Clergy Without the Law? Hart v Roman Catholic Episcopal Corporation of the Diocese of Kingston".
- Patricia L Farnese, "Searching for Wildlife: A Critique of Canada's Regulatory Response to Emerging Zoonotic Diseases".
- Douglas Sanderson, "Overlapping Consensus, Legislative Reform and the Indian Act".
- Craig Forcese, "A Tale of Two Citizenships: Citizenship Revocation for 'Traitors and Terrorists'".
- Robert Diab, "R v Khawaja and the Fraught Question of Rehabilitation in Terrorism Sentencing".
- Brendon Murphy & John Anderson, "After the Serpent Beguiled Me: Entrapment and Sentencing in Australia and Canada".
- Adelina Iftene, Lynne Hanson & Allan Manson, "Tort Claims and Canadian Prisoners".
- Cherie Metcalf, "Property Law Culture: Public Law, Private Preferences and the Psychology of Expropriation".
- Erika Chamberlain, "Fiduciary Aspects of Misfeasance in a Public Office".
Book Review
Volume 39, No. 1, Fall 2013
In Memory of Ron Delisle
- Don Stuart, "A Tribute to Ron Delisle".
- Allan Manson, "Ron Delisle: A Personal Tribute".
- Lisa Dufraimont, "Realizing the Potential of the Principled Approach to Evidence".
Articles
- Vaughan Black, "Conditional Forum Non Conveniens in Canadian Courts".
- Steve Coughlan, "The Rise and Fall of Duress: How Duress Changed Necessity Before Being Excluded by Self-Defence".
- Charles Paul Hoffman, "A Reappraisal of the Canadian Anti-Combines Act of 1889".
- Howard Kislowicz, "Sacred Laws in Earthly Courts: Legal Pluralism in Canadian Religious Freedom Litigation".
- Michael Marin, "Disembedding Corporate Governance: The Crisis of Shareholder Primacy in the UK and Canada".
- Nola M Ries & Katherine J Fisher, "The Increasing Involvement of Physicians in Complementary and Alternative Medicine: Considerations of Professional Regulation and Patient Safety".
Case Comment
Review Essay
Volume 38, No. 2, Spring 2013
Faultlines and Borderlines in Labour Law: The Future of the Wagner Act in Canada and the United States.
- Guest Editors: John Craig & Michael Lynk
- Wilma B Liebman, "Labour Law, Economic Justice and Political Rhetoric: Reflections on the Wagner Act".
- Brian W Burkett, "The Future of the Wagner Act: A Canadian-American Comparison".
- John Godard, "Labour Law and Union Recognition in Canada: A Historical-Institutionalist Perspective".
- Kevin Banks, "Must Canada Change Its Labour and Employment Laws to Compete with the United States?".
- Elizabeth Shilton, "Choice, but No Choice: Adjudicating Human Rights Claims in Unionized Workplaces in Canada".
- David J Doorey, "Graduated Freedom of Association: Worker Voice Beyond the Wagner Model".
- Paul M Secunda, "The Wagner Model of Labour Law is Dead---Long Live Labour Law!".
Article
Case Comment
- Veronica Ashenhurst, "Litigating Informer Privilege under Section 37 of the Canadian Evidence Act: A Critique of R v Basi".
Volume 38, No. 1, Fall 2012
Articles
- Sean Rehaag, "Judicial Review of Refugee Determinations: The Luck of the Draw?".
- Matthew Lewans, "Deference and Reasonableness Since Dunsmuir".
- Michael Plaxton, "Police Powers After Dicey".
- Vanessa A MacDonnell, "R v Sinclair: Balancing Individual Rights and Societal Interests Outside of Section 1 of the Charter".
- Pnina Alon-Shenker, "The Duty to Accommodate Senior Workers: Its Nature, Scope and Limitations".
- Brian M Studniberg, "Minding the Gap in Tax Interpretation: Does Specificity Oust the General Anti-Avoidance Rule Post-Copthorne?".
- Michael Pal, "The Promise and Limits of Citizens' Assemblies: Deliberation, Institutions and the Law of Democracy".
Case Comment
Volume 37, No. 2, Spring 2012
Articles
- Simon Deakin, "The Corporation as Commons: Rethinking Property Rights, Governance and Sustainability in the Business Enterprise".
- Elizabeth Shilton, "Insuring Inequality: Sex-Based Mortality Tables and Women's Retirement Income".
- Janine Benedet, "A Victim-Centred Evaluation of the Federal Sex Offender Registry".
- Lyndsay Campbell, "Race and the Criminal Justice System in Canada West: Burglary and Murder in Hamilton, 1852-53".
- Lorian Hardcastle, "Government Tort Liability for Negligence in the Health Sector: A Critique of the Canadian Jurisprudence".
- France Morrissette, "Provincial Involvement in International Treaty Making: The European Union as a Possible Model".
- Evaristus Oshionebo, "Shareholder Proposals and the Passivity of Shareholders in Canada: Electronic Forums to the Rescue?".
Comments
- Chris D L Hunt, "Privacy in the Common Law: A Critical Appraisal of the Ontario Court of Appeal?s Decision in Jones v. Tsige".
- Janet Walker, "Summary Judgment Has its Day in Court".
Book Review
Volume 37, No. 1, Fall 2011
Articles
- Hilary Young, "But Names Won't Necessarily Hurt Me: Considering the Effect of Disparaging Statements on Reputation".
- Robert Flannigan, "Immunity Shopping".
- Erik S Knutsen, "Fortuity Clauses in Liability Insurance: Solving Coverage Dilemmas for Intentional and Criminal Conduct".
- Émilie Giroux-Gareau, "Recrutement des travailleuses domestiques: dans quel cadre s'insère la loi Ontarienne".
- Chris D L Hunt, "Conceptualizing Privacy and Elucidating its Importance: Foundational Considerations for the Development of Canada's Fledgling Privacy Tort".
- Michael Geist, "Canada's Usage Based Billing Controversy: How to Address the Wholesale and Retail Issues".
- John Hagan & Fiona M Kay, "The Emotional Toll and Exhilaration of Human Rights Activism: Gender and Legal Work at the Hague International Criminal Tribunal".
- Mark Faassen, "A Fine Balance: The Regulation of Canadian Religious Broadcasting".