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 44, No. 2, Spring 2018
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 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(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".