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 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 Middle Income Access to Justice written by M. Trebilcock and published by University of Toronto Press. This book was released on 2012-05-03 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though most conceptions of the rule of law assume equality before the law – and hence equal access to the justice system – this basic right is not being met for many low and middle income Canadians. This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation. Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest. Middle Income Access to Justice presents a variety of innovative solutions, from dispute resolution process reforms to the development of non-lawyer forms of assistance and new methods for funding legal expenses. In doing so, it lays the foundation for the development of a much-needed new delivery model to provide early intervention for legal services.
Download or read book Report of the Canadian Bar Association Task Force on Systems of Civil Justice written by Canadian Bar Association. Task Force on Systems of Civil Justice and published by . This book was released on 1996 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Responsive Judge written by Tania Sourdin and published by Springer. This book was released on 2018-07-06 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the changing role of judges in courts, tribunals, and other forums across a variety of jurisdictions. With contributions by international experts in judicial administration and senior judicial figures, it provides a unique comparative perspective on the role of modern judges in a rapidly evolving environment and the pressures of effective judicial administration. The chapters are sourced from a Collaborative Research Network focused on innovations in judging, and sponsored by the international Law and Society Association. The book provides essential insights and perspectives for judges, judicial officers, and administrators, allowing them to respond to the challenges of the twenty-first century. It is also a valuable resource for legal practitioners and judicial experts, shedding light on the role of the modern judge and the strategies they employ.
Download or read book Asia Pacific Legal Development written by Gerry Ferguson and published by UBC Press. This book was released on 1998-11-01 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this age of globalization many legal experts see evidence of swift global movement toward an eventual single "world legal system." Yet, the trend to political and economic integration in some parts of the world is matched by the trend to disintegration in others, where strong cultural and political resistance to external influences exists. Asia-Pacific Legal Development traces current and prospective developments in several legal systems of the Asia-Pacific region to make sense of these trends and counter-trends. The contributing authors represent a wide variety of specialist expertise, both "public" and "private," and together they encompass the three sectors that constitute a modern system of formal law: the economic, the behavioural, and the civic. Taking into account the opinions and perspectives of both indigenous and non-indigenous experts on topics ranging from prostitution to constitutional law, the book surveys how several ASEAN nations, as well as Canada, Australia, and New Zealand, are confronting social, economic, and legal change. In the first three parts, chapters are grouped along general sectoral lines to cover economic, civic, and behavioural themes, while in the fourth, cross-sectoral contexts are addressed. With the introduction and concluding chapter, the editors provide an overall integrating framework as well as provocative insights into trends in legal development in the Asia-Pacific region, and on comparative legal research and writing in general. Asia-Pacific Legal Development is not only an exemplary model for cooperative and comparative legal research and scholarly pluralism, but also a rich study of the increasingly relevant issue of convergence and divergence of legal systems, with a unique Asian focus.
Download or read book My Life in Crime and Other Academic Adventures written by Martin L. Friedland and published by University of Toronto Press. This book was released on 2015-05-27 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since his call to the Bar in 1960, Martin L. Friedland has been involved in a number of important public policy issues, including bail, legal aid, gun control, securities regulation, access to the law, judicial independence and accountability, and national security. My Life in Crime and other Academic Adventures offers a first-hand account of the development of these areas of law from the perspective of a man who was heavily involved in their formation and implementation. It is also the story of a distinguished academic, author, and former dean of law at the University of Toronto. Moving beyond the boundaries of conventional memoir, Friedland offers an extended meditation on public policy issues and significant events in the field of law, discussing their historical impact and predicting the course of their future development. Given his personal experience, there is no other person more suited to discuss these hugely important issues. Friedland puts the law and legal institutions into a wider context, looking at the role of personalities, politics, and pressure groups in the establishment of laws that continue to have tremendous importance for Canadians. My Life in Crime and other Academic Adventures reflects upon a life devoted to education, scholarship, and the law, and is an insider account of public policy issues that have come to shape life in this country in the twentieth century and beyond.
Download or read book Ethical Principles for Judges written by Canadian Judicial Council and published by . This book was released on 1998 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Justice Crisis written by Trevor C.W. Farrow and published by UBC Press. This book was released on 2020-09-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.
Download or read book Lawyers in 21st Century Societies written by Richard L Abel and published by Bloomsbury Publishing. This book was released on 2020-04-02 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world's legal professions have undergone dramatic changes in the 30 years since publication of the landmark three-volume Lawyers in Society, which launched comparative sociological studies of lawyers. This is the first of two volumes in which scholars from a wide range of disciplines, countries and cultures document and analyse those changes. The present volume presents reports on 46 countries, with broad coverage of North America, Western Europe, Latin America, Asia, Australia, North Africa and the Middle East, sub-Saharan Africa, and former communist countries. These national reports address: the impact of globalisation and neoliberalism on national legal professions (the relationship of lawyers and their professional associations to the state and tensions between state and citizenship); changes in lawyer demography (rapidly growing numbers and the profession's efforts to retain control, the entry of women and obstacles to full gender equality, ethnic diversity); legal education (the proliferation of institutions and pedagogic innovation); the regulation of lawyers; structures of production (especially the growth of large firms and the impact of technology and paraprofessionals); the distribution of lawyers across roles; and access to justice (state-funded legal aid and pro-bono services). The juxtaposition of the reports reveals the dramatic transformations of professional rationales, labour markets, and working practices and the multiple contingencies of the role of lawyers in societies experiencing increasing juridification within a new geopolitical order.
Download or read book Democratic Dilemma written by Nadia Verrelli and published by McGill-Queen's Press - MQUP. This book was released on 2013-05-31 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process used to select judges of the Supreme Court of Canada has provoked criticism from the start. Some observers argue the process - where the prime minister has unfettered discretion - suffers from a democratic deficit, but there is also disagreement regarding alternative methods of selection. The Democratic Dilemma: Reforming Canada's Supreme Court explores the institutional features of the Court, whether the existing process used to select judges ought to be reformed, the overall legitimacy of the Court, as well as the selection and appointment processes of Supreme Court justices in other liberal democracies. This book will be of special interest to students and scholars of Canadian federalism, the judiciary, and comparative supreme courts. The Democratic Dilemma: Reforming Canada's Supreme Court is the second volume in the Institute of Intergovernmental Relations' Democratic Dilemma series. The first, The Democratic Dilemma: Reforming the Canadian Senate is edited by Jennifer Smith. Contributors include Arthur Benz (Technische Universität Darmstadt, Germany), Jorge O. Bercholc (Institute of Social and Legal Research Ambrosio L. Gioja), Eugénie Brouillet (Université Laval), Erin Crandall (McGill University), Neil Cruickshank (Algoma University), F.C. DeCoste (University of Alberta), Yonatan Fessha (University of the Western Cape, South Africa), Peter W. Hogg (Blake, Cassels & Graydon LLP), Eike-Christian Hornig (Technische Universität Darmstadt, Germany), Allan C. Hutchinson York University), Achim Hurrelmann (Carleton University), Andrée Lajoie (Université de Montréal), Martin Manolov (Human Resources and Skills Development Canada), Aman McLeod (Rutgers University), Peter McCormick (University of Lethbridge), Peter Oliver (University of Ottawa), Yves Tanguay (CRIDAQ), Alan Trench (solicitor, England and Wales), and Nadia Verrelli (Algoma University and Queen's University).
Download or read book Civil Justice Privatization and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-01-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.
Download or read book Dispute Settlement in International Space Law written by Gérardine Meishan Goh and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on lessons learned in international law, juridical dispute settlement, entrepeneural efficiency, science and technology and space policy, this book offers a comprehensive insight into dispute settlement and proposes a workable and enforceable framework for dispute settlement concerning space activities.
Download or read book Courts in Federal Countries written by Nicholas Aroney and published by University of Toronto Press. This book was released on 2017-01-01 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.
Download or read book The Class Action in Common Law Legal Systems written by Rachael Mulheron and published by Bloomsbury Publishing. This book was released on 2004-11-15 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Download or read book We Were Not the Savages 3rd Edition First Nations History written by Daniel N. Paul and published by Fernwood Publishing. This book was released on 2021-07-12T00:00:00Z with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: “We Were Not the Savages … is unique, in chronological scope and in the story it tells, covering the last three centuries of Mi’kmaq history in detail. Prior to the appearance of this book it was common for historians to downplay or even deny the violence inflicted on the Mi’kmaq people by European and Euro-American colonizers. This work, more than any other piece of scholarly production, has headed off that consensus at a pass. Scalp-bounty policies are now recognized as a historical problem worthy of investigation. The book will also be of particular interest to readers in the United States for a variety of reasons. First, the early history of colonization in the Maritimes is closely tied to the history of the colonies that became the United States, and as late as the 1750s New England’s political leaders played a prominent role in directing the course of colonial affairs on Cape Breton Island and Nova Scotia. ... Second, the chapters on the nineteenth and twentieth centuries provide a detailed and much needed basis of comparison for anyone seeking to understand the similarities and contrasts between the U.S. and Canada on questions of “Indian Affairs.” And finally, it is important to recognize that we have far too few histories written by Native American authors—very few indeed that cover as extensive a time span as this book does.” — Geoffrey Plank, Associate Professor of History, University of Cincinnati “Having, over the years ... read most of the sources you cite in your book, I had long ago arrived at the same conclusion you have. Certainly, white intrusions everywhere in the world have been disastrous for indigenous peoples.” — Allison Mitcham, Professor Emeritus, University of Moncton “Count me in too, among your book’s advocates... [it] knocks the smile off Englishmen who claim their colonial presence among Indians was ‘better’ than that of the Spanish.” — C. Blue Clark, Interim Director, Native American Legal Center, Oklahoma City “We Were Not the Savages is a provocative and excellent book.... It is brave, insightful, unflinching and above all honest. And, most important, it greatly enhances our positive images of Amerindians.” — Barry Jean Ancelet, University of Louisiana “Reading the pages of this book, continually affirms for me, how good it is to be a Mi’kmaq. I so wish that my father was still living. Wouldn’t he be so proud that such a book was available. I also wish that this history book was in existence years ago, a book that now empowers me and fills me with great pride to be a Mi’kmaq.” — Sister Dorothy Moore, Prominent Mi’kmaq Educator This updated edition incorporates Daniel Paul’s ongoing research. It clearly and profoundly shows that the horrors of history still rain upon the First Nations people of the present. DANIEL PAUL is an ardent spokesperson and activist for human rights. He holds, among many awards, an honorary degree in Letters, Université Sainte-Anne, Church Point, Nova Scotia. He is a member of the Order of Canada and a member of the Order of Nova Scotia.
