Download or read book Canada s Trial Courts written by Peter H. Russell and published by University of Toronto Press. This book was released on 2007-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important but least examined aspects of the Canadian judicial system is the dual structure of civil and criminal trial courts. Canada's Trial Courts examines the co-existence, in every province, of superior courts (presided over by federally appointed judges) and 'lower' courts (staffed by provincially appointed judges). Combining both political and legal analysis, this is the first book to provide an in depth study of the evolution and operation of Canada's trial courts. This collection of essays begins with an exploration of the constitutional origins of Canada's integrated court system and the failure of federal and provincial governments to cooperate in its development. Following are discussions of a number of contemporary reform projects in various jurisdictions, including Quebec, Nova Scotia, Alberta, and Nunavut, as well as examinations of competing visions of how Canada's trial courts should be organized in the future. To put the issue in a comparative perspective, the concluding section provides examples of how trial courts have been restructured in the United Kingdom and the state of California. Proposing a range of practical alternatives to the present system, the volume offers a ground-breaking legal analysis that addresses constitutional obstacles to trial court reform, and assesses the political factors that influence reform at the judicial level. Featuring distinguished contributors from a variety of disciplinary backgrounds, Canada's Trial Courts offers a comprehensive and up-to-date examination of an important but neglected issue that ultimately has a profound impact on the quality of justice that Canadians experience.
Download or read book Policy Change Courts and the Canadian Constitution written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2018-01-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
Download or read book The Courts written by Ian Greene and published by UBC Press. This book was released on 2011-11-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ian Greene offers an insider's perspective on the role of judges, lawyers, and expert witnesses; the cost of litigation; the representativeness of juries; legal aid issues; and questions of jury reform. He also examines judicial activism in the wider context of public participation in courts administration and judicial selection and of how responsive the courts are to the expectations of Canadian citizens. The Courts moves its examination of the judicial system beyond the well-trodden topics of judicial appointment, discipline, independence, and review to consider the ways in which courts affect daily life in terms of democratic principles. Although courts are often viewed as elitist and unaccountable, they are more valuable aspect of democratic practice than most citizens realize.
Download or read book Canada s Courts written by McCormick, Peter and published by James Lorimer & Company. This book was released on 1994 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique discussion of the judicial system in Canada, this is the first book on the court system to be written from a social science, rather than a legal, perspective. McCormick analyzes which courts and judges are most often cited, and discusses party-capability theory in a Canadian context. He offers new data on the courts, including statistics on the Supreme Court caseload, the success rates on appeals from provincial courts of appeal to the Supreme Court, and success rates, by litigant category, in provincial and appeal court decisions. Written in accessible language and offering data that have never before been published, Canada's Courts will be of particular interest to legal professionals and those in related fields of the social sciences.
Download or read book Dominion Law Reports written by and published by . This book was released on 1916 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts Without Cases written by Carissima Mathen and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Download or read book First Nations Sacred Sites in Canada s Courts written by Michael Lee Ross and published by University of British Columbia Press. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sacred sites of indigenous peoples are under increasing threat worldwide. The threat’s origin is traceable to state appropriation of control over their ancestral territories; its increase is fueled by insatiable demands on lands, waters, and natural resources. Because their sacred sites spiritually anchor their relationship with their lands, and because their relationship with their lands is at the core of their identities, threats to their sacred sites are effectively threats to indigenous peoples themselves. In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have foregone public defence of their threatened sacred sites in order to avoid compounding disrespect and to grieve in private over the desecration and even destruction. Other times, they have mounted public protests – ranging from public information campaigns to on-the-ground resistance, the latter having occurred famously at Oka, Ipperwash, and Gustafsen Lake. Of late, they have also taken their fight to the courts. First Nations Sacred Sites in Canada’s Courts is the first work to examine how Canada’s courts have responded. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, the book demonstrates not merely that the courts have failed but also why they have failed to treat First Nations sacred sites fairly. The book does not, however, end on a wholly critical note. It goes on to suggest practical ways in which courts can improve on their treatment of First Nations sacred sites and, finally, to reflect that Canada too has something profound at stake in the struggle of First Nations peoples for their sacred sites. Although intended for anthropologists, lawyers, judges, politicians, and scholars (particularly those in anthropology, law, native studies, politics, and religious studies), First Nations Sacred Sites in Canada’s Courts may be read with profit by anyone interested in the evolving relationship between indigenous peoples and the modern state.
Download or read book Final Appeal written by Ian Greene and published by James Lorimer & Company. This book was released on 1998 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appeal courts--including the Supreme Court of Canada--rule on the most contentious issues facing Canadian society: abortion, Aboriginal land claims, gay rights. The authors of this book have conducted extensive research into the nature and function of appeal courts and here present their findings. This book outlines how appeal court judges make their decisions and how they defend them; the role played by judicial discretion; regional differences in appeal court operations; and the increasingly controversial role courts play in policymaking. Final Appeal is a detailed analysis of the nature and operation of Canada's courts of appeal.
Download or read book Canada s Courts written by McCormick, Peter and published by Lorimer. This book was released on 1994-01-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique discussion of the judicial system in Canada, this is the first book on the court system to be written from a social science, rather than a legal, perspective. McCormick analyzes which courts and judges are most often cited, and discusses party-capability theory in a Canadian context. He offers new data on the courts, including statistics on the Supreme Court caseload, the success rates on appeals from provincial courts of appeal to the Supreme Court, and success rates, by litigant category, in provincial and appeal court decisions. Written in accessible language and offering data that have never before been published, Canada's Courts will be of particular interest to legal professionals and those in related fields of the social sciences.
Download or read book The Canadian Judiciary written by William R. Lederman and published by Osgoode Hall law School, York University. This book was released on 1976 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Art of Science in the Canadian Justice System written by David Milward and published by CRC Press. This book was released on 2017-04-07 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.
Download or read book Canadian Courts written by Lori Hausseger and published by OUP Canada. This book was released on 2009-02-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Canadian Courts specifically addresses the relationship between the law and politics in a very broad sense, that is, by not just focusing on one institution, such as the Supreme Court, or one relationship, such as that between judges, politicians, and the Charter of Rights and Freedoms.
Download or read book The Judiciary in Canada written by Peter H. Russell and published by . This book was released on 1987 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Canadian Legal System written by Gerald L. Gall and published by Scarborough, Ont. : Carswell. This book was released on 2004 with total page 713 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition has been completely updated, including significant additions to the sections on military law, changes to the provincial court structure (i.e., simplified procedures, case management, and court reform), incorporation of formal and informal ADR, and key charter and constitutional jurisprudence that continues to shape the law in Canada."--Pub. desc.
Download or read book The Canadian Law Times written by Edward B. Brown and published by . This book was released on 1881 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown."
Download or read book Report of the Canadian Bar Association Task Force on Court Reform in Canada written by Canadian Bar Association. Task Force on Court Reform in Canada and published by . This book was released on 1991 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Race Rights and the Law in the Supreme Court of Canada written by James W. St. G. Walker and published by Wilfrid Laurier Univ. Press. This book was released on 1997-10-27 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
