Volume 48, No. 2, Spring 2023
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- Constitutional Supremacy and Judicial Reasoning, by The Honourable Bradley W Miller
- 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
- 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
- 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
- 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
- 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
- Richard Albert & David R Cameron, Canada in the World: Comparative Perspectives on the Canadian Constitution, by Michael Adams
Volume 43, No. 2, Spring 2018
- 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
- 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.”
Volume 42, No. 2, Spring 2017
- 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.”
- Evan Rankin, “Assessing Damages for the Public Disclosure of Private Facts: The Case of Jane Doe 464533 v ND.”
Volume 42, No. 1, Fall 2016
- 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"
- 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"
- Macduy Ngo, "Understanding Labour Market Segmentation and its Solutions: A Comment on McCormick v Fasken Martineau DuMoulin LLP"
- The Honourable Gilles Renaud, "Nick Smith, Justice Through Apologies: Remorse, Reform, and Punishment"
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"
- Mohamed F Khimji & Christopher C Nicholls, "Piercing the Corporate Veil in the Canadian Common Law Courts: An Empirical Study"
Volume 40, No. 2, Spring 2015
- 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".
- John D Whyte, Democracy in Decline: Steps in the Wrong Direction by James Allan (Montreal: McGill-Queen's University Press, 2014).
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".
- 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
- 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".
- The Honourable Marion Boyd, Islam, Sharia and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community by Mohamed M. Keshavjee (London, UK: IB Tauris & Co, 2013).
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".
- 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".
- Andrea Slane, "Privacy and Civic Duty in R v Ward: The Right to Online Anonymity and the Charter-Compliant Scope of Voluntary Cooperation with Police Requests".
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!".
- Louise Bélanger-Hardy, "Reconsidering the 'Recognizable Psychiatric Illness' Requirement in Canadian Negligence Law".
- 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
- 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".
Volume 37, No. 2, Spring 2012
- 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?".
- 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".
- Howard Tzvi Adelman, "No Debate: The Israel Lobby and Free Speech at Canadian Universities" by Jon Thompson (Toronto: James Lorimer & Company, 2011).
Volume 37, No. 1, Fall 2011
- 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".