Abstract It is indisputable that the natural law perspective has had a powerful influence on Canadianlaws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadianlaws and lawmakers. It shows, however, that other perspectives also have an influence.
Abstract This paper addresses this question in terms of both Canadianlaws governing child pornography on the Internet, and the role of these laws in terms of wider international legislation and norms in this area. It will be argued that the key problem related to Canadian child pornography legislation and the Internet is not so much a need for stronger laws, but rather the enforcement of those that currently exist.
Abstract In recent months, the furor over the release of Karla Homolka has sparked heated debate and calls for a review of the Canadian justice system. The following paper examines three contentious areas of the Canadian legal system that seem in desperate need of a reassessment. The first of these revolves around the growing perception that the Canadian judiciary is arrogant, perhaps even irresponsible, and simply unresponsive to the concerns of ordinary Canadians. The second area revolves around the treatment of aboriginal peoples within the Canadian justice system and the third and last area revolves around the difficulty that Canadianlaw-makers and justices are having in reconciling the somewhat amorphous multiculturalism they embrace in theory with the fundamental liberal democratic tenets that under-gird the Canadian justice system.
Abstract The paper looks at the advantages and implications of excluding managerial employees from collective agreements under Canadian Labor Law. It examines the way different Labor Boards treat and rule on who should be excluded in each case.
From the Paper "Whenever a trade union in Canada applies for certification to the Labour Board, it undergoes a series of procedures before the Board acknowledges to the union that the latter, in fact, exists under the law. One of the steps that the union and a related employer(s) undertake is called the definition of the bargaining unit. This procedure involves submitting to the Labour Board a list of names of all employees in a proposed unit along with their positions and job descriptions. The purpose of this move is to pin-point those categories of employees that may and will be excluded from the proposed unit if found in the initial submission."
Abstract The paper discusses and analyzes various perspectives on legal order. The paper examines different concepts, including Positivism, Marxism, Natural Law, Anarchism, Legal Realism, Feminism, and Critical Legalism. The paper analyzes the role that these theories played in Canadian lawmaking, determining that Positivism had the most influence on contemporary Canadian lawmakers.
From the Paper "What is the purpose of law and why do we need it? Would society completely crumble into a chaotic mess if law did not exist? Well, from what I understand thus far, and from what I have seen on TV lately, law is important to maintaining order in society. Without law and order, anarchy would rule our lives. This sentiment was proven recently in the wake of hurricane Katrina. The devastation and human suffering is a result from lack of government organization."
Abstract The paper explains the dynamics of domestic violence among immigrant and refugee women in Canada, particularly the problems of isolation, stigma and ignorance of Canadianlaw. The paper places an emphasis on public education work, seeing that women understand Canadian criminal law and their rights as victims and includes some interview material and various references. The paper is intended as a progress report, towards a longer term paper.
From the Paper "Canadian immigration and refugee policy has been praised for its special attention to female migrants. It is well known that women often face special dangers in countries they must leave as refugees and that these can be among the reasons they apply to come to Canada as immigrants. This short progress report refers to an eventual paper that will explore Canada's way of taking into account domestic violence among women who are in Canada, many of them depending on husbands or other male kin."
Abstract In this article, the writer notes that the controversial issue of same-sex marriage has dominated both floors of the Canadian Parliament for nearly a decade. The writer points out that while legislators were decidedly split on the issue during its first inception into legislative committees, the Canadian citizenry pleaded with their legislators to push for the legalization of same-sex marriages. The writer discusses that effective July 20, 2005, the Civil Marriage Act took full effect however, many of the bill's opponents vowed to rescind the bill once the balance of power shifted. The writer concludes that in accordance with the Canadian Charter of Rights, the Civil Marriage Act upholds its pledge to treat every citizen equally, in addition to recognizing the equality of minorities and the rights of those in the minority.
From the Paper "The main challenge for proponents of the Civil Marriage Act was not only to ensure the equal rights for same-sex marriages, but also to uphold the religious freedom also outlined in the Charter of Rights. Dissenters argue that religious freedom is still violated by this bill, however the Civil Marriage Act is very explicit on religious institutions. Religious groups and institutions are not to be forced to wed those who seek same-sex marriage, and it is not the responsibility of the government to enforce federal power over religious groups to provide said service to those seeking a wedding.
"More importantly, a good amount of time was spent incorporating the Civil Marriage Act into other pieces of legislation."
Tags: civil, act, legalization, Canadian, Charter, of, Rights
Abstract This paper explains that, because Canadianlaw seeks, as a general rule, to reward the efforts of the spouses equally vis-a-vis the allocation of the marital goods, it seems fairly evident that the woman should receive half of everything acquired by her husband over the course of their marriage. The author points out that this ruling includes a "fair" portion of the former husband's pension if that was something he was able to secure after their marriage unfolded. The paper argues that the spouse took care of the children and has been out of the workforce for nearly two decades; therefore, it would be patently unfair to leave her without some long-term means of support. The author stresses that she is every bit as entitled to enjoy the fruits of the husband's success as he is.
From the Paper "First of all, Canada has a 20-year old Divorce Act which clearly states that a divorce is permissible if the couple have been separated for at least one year. In that regard, there is really no way that either party can contest the decision to end the relationship even if one of them decides after the fact that they wish to keep things going; from Kate's perspective, any fears that Ben might turn around and contest the agreed-upon divorce at some point in the future appear to be ill-founded. In any event, Kate is still in a challenging situation - at least at first glance."
Abstract The paper examines the wellsprings of power and authority and delves into an examination of concepts such as "Law and Order," "Rule of Law" and "Constitutional Order". Among other things, the paper notes that deference towards the law by nineteenth century Canadians was not as pronounced as commonly supposed and that nineteenth century conceptions of the proper constitutional order were far different than those of today.
From the Paper "Concepts such as the "Rule of Law," "Law and Order" and "Constitutional Order" are very much at the heart of the Anglo-American, Canadian legal system. This paper will examine these ideas and their relationship to the broader notions of order and authority. As will become clear, there remains a great deal of ambiguity surrounding the extent to which earlier generations of Canadians embraced the legitimacy and primacy of written law - the formal "rules" of Canadian society if you will - and its chief interpreters (judges and lawyers). On one hand, there is evidence of the written law and its most erudite interpreters being elevated to a position of pre-eminence within society - at least in Tina Loo's depiction of nineteenth century British Columbia."
Abstract This paper explores the issue of whether or not the rules of evidence in Canada discriminate against defendants or, conversely, work in their favor. After examining a representative sampling of the available legal record, the writer concludes that - in both civil as well as criminal law - every effort is undertaken to protect defendants from evidence being admitted that might unjustly prejudice them in the eyes of a judge or, more likely, the eyes of a jury. Along the way, the paper looks at how judges have grappled with the challenges posed by new information-collecting technologies as they pertain to the issue of what is, and what is not, an appropriate document as well as what the legal concepts "trustworthiness" and "Best Evidence Rule" really mean - and what their implications are for defendants. From there, the paper proceeds to enter into a discussion of the Canadian Charter of Rights and Freedoms and how it protects defendant prerogatives.
From the Paper "Generally speaking, the admissibility of documents in Canadian courts is more open to interpretation than ever before; for example, by the 1990s there was a growing trend towards trial judges exercising discretionary power with regards to what documents should be ruled admissible in courts and which ones should not be admissible. What should not be overlooked in all of this is that justices are making these determinations at a time when technology is changing the way in which technology is stored dramatically."
Abstract This paper represents an attempt to identify the Canadian Judiciary's ability to balance the interests of the public and private sphere's according to changing social and political attitudes, as well as an evaluation of internal characteristics of the judiciary and how they necessarily effect this balance.
From the Paper "Without question the judiciary's role in protecting individual liberties is valuable, however there are certain elements involved in the judicial process that have made its role highly controversial. The undemocratic nature of the judiciary calls into question its merit in handing down "activist" decisions that see the judiciary competing with legislatures to form the laws of Canada. Similarly, the its undemocratic, unrepresentative nature creates suspicion as to whether the judiciary is interested in protecting the rights of the common man which is the underlying purpose of the Charter. Perhaps of greatest concern is the tremendous scope of interpretive power the legislature commonly leaves to the judiciary, through the formation of unspecific, inconclusive legislation."
Abstract This paper is oriented towards Canadian legislation against Internet child pornography and as this general cause has affected federal government policy governing the registration and other regulation of Internet providers and users, in addition to interpretations of criminal offences which pertain to pornography and how they can be investigated.
Abstract In this article, the writer examines the Canadian case of R v N in terms of police interrogation. The writer concludes that overzealous use of police interrogation should be controlled.
From the Paper "According to James W. Williams, in recent years the Canadian criminal justice system has been plagued with a number of high profile wrongful convictions. Particular attention has been directed towards the police and their ability to meet their responsibility to investigate crime effectively while protecting the interests, the rights and freedoms of the accused. As Williams has stated, one notable aspect of police operations that has come under increasing scrutiny in this regard is the police interrogation, a practice ... "
Abstract This paper discusses that even though there are Canadianlaws to ensure equal social rights, social stratification does still exist. In this article, the writer points out that stratification can be found in contemporary capitalism, especially among minority groups, non-natives and women. The paper provides an overview pertaining to each of these groups and their challenges in today's society.
From the Paper "With the laws that Canada has in place to ensure social equality, many of us would like to believe that social stratification is a thing of the past. It is not, however. Even today, our society is divided into a distinct class structure, with a dominant class' wishes frequently taking precedent over the needs of those classes "below" them. This stratification is apparent in contemporary capitalism, particularly in people belonging to minority groups, non-native Canadians, and women."
Through an analysis of three Supreme Court cases in Canada, this paper address legal issues that are termed "grey areas", or areas of law where the solutions are not always legally obvious.
900 words (approx. 3.6 pages), 3 sources, 2006, $ 35.95
Abstract This paper discusses how three Supreme Court cases in Canada address "grey areas" in the law, meaning areas in the law where there is some uncertainty whether the specific language of the law refers to an issue. This is called a grey area because the answer is not readily obvious, not black or white. The paper examines such grey areas by examining a case on abortion, a case on stopping motorists, and a case on commercial speech.
From the Paper "The Canadian Charter of Rights and Freedoms, also known as the Constitution Act, 1982, provides certain protections for Canadian citizens and is used to clarify the law on certain issues. However, there are certain grey areas in the law that have to be decided by the Supreme Court, which may use the Charter of Rights and Freedoms for clarification. A grey area occurs when there is some uncertainty whether the specific language of the law refers to an issue, and this is called a grey area because the answer is not readily obvious, not black or white. Several cases illustrate this process."
