Abstract
Prostitution and human trafficking have both emerged as "hot button" issues in recent years. With that in mind, this following paper looks at the laws in Canada vis-a-vis prostitution and whether or not these laws serve to shield sex trade workers from abuse and exploitation. The paper also looks at to whom prostitutes can turn if they require assistance. In addition, the paper attempts to explore options which might reduce pimping - or at least control it appreciably.

From the Paper
"In the final analysis, Canada is doing a credible job of protecting its citizens from the evils of prostitution, but the current Canadian laws do a very poor..."

Tags:exploitation, canada

Abstract
This is a position paper revolving around "M v. H" (1999) as claimed to be landmark in Canadian law affecting women and notably Canadian lesbians. The paper questions the 'landmark' status of the case in the broader sweep of much more pressing and universal women's law in Canada and significant defects in the legal system centred on funds and access to counsel. The paper considers "M v. H" a 'yuppie' decision more than a women's rights/lesbian decision.

From the Paper
"What is known as "M v. H" established a revised concept of women and including women in same-sex relationships that continues to shape Canadian law and legal decision-making. The parties involved in this case had known a same-sex relationship from 1982 to 1992 and had engaged in a business joint venture with property acquisition till a number of business reversals before their termination of their personal relationship. M's contribution to the development of their advertising joint venture had..."

Tags:lesbian cdn, women's law, assertions

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."

Tags:supreme, court, cases

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
This paper answers five questions on Canadian business law.

From the Paper
"Most matters have to do with Irwin Dorfman's definition of law as `a set of rules that enable people to live together and respect each other's rights. It seems that a good deal of Canadian business law has to do with custom, standards and understandings in different agreements and thus, the avoidance of disputes that are counter-productive..."

Tags:contract, obligations, charter

Abstract
The paper discusses the case of an injured party who faces financial or personal hardship, but is prevented from recovery of damages because of some action taken by him which may have been unintentional or inadvertent, this is often designated as "contributory negligence". The paper explains how in such cases, courts have been required by legislation in Canadian provinces to determine the degree of responsibility of both the injured party and the defendant in negligence cases, and to apportion damages proportionately on this basis. The paper considers this outcome to be desirable given that it recognizes that humans are all, to some extent, responsible for our own destinies through our actions and that injury - when it occurs - cannot always be blamed entirely on others.

From the Paper
"When an injured party in a case faces financial or personal hardship, but is prevented from recovery of damages because of some action taken by him which may have been unintentional or inadvertent, this is often designated as "contributory negligence". In such cases, courts have been required by legislation in Canadian provinces to determine the degree of responsibility of both the injured party and the defendant in negligence cases, and to apportion damages proportionately on this basis (Willes and Willes 92-93). In such cases, the strict application of the law limits damages that may be asked for by the injured party, and the court must..."

Tags:business, law, contract

Abstract
This paper deals with the Canadian rule of law concerning the enforcement of a judgment secured from a court outside of Canada. Taking the form of a legal argument to be submitted to the Canadian Supreme Court, it argues that the law requires the courts of Canada to enforce judgments secured in Singapore. It cites law review articles and case law.

From the Paper
"The Court has consolidated appeals in "Oakwell Engineering Ltd. v. Enernorth Industries Inc." (2006) O.J. No. 3658 (dismissing Enernorth's motion to submit fresh evidence), and "State Bank of India v. Navarantna" (2002) O.J. No. 1203 (allowing defendant's motion to require a complete affidavit of documents), to bring to the Court the issues: (1) should Canadian courts consider the independence and impartiality of the tribunals in a foreign legal system in which a judgment has been rendered in determining whether to enforce the judgment; (2) should they do so when the foreign court exercises jurisdiction under..."

Tags:judgment, attornment, enforcement

Abstract
The paper offers a brief history of the efforts of Canadian authorities to "convert" the natives and raise the Inuit in missionary schools. The paper then contrasts Western law, with its emphasis on material conditions, with Inuit law, which prizes respect for the elders and harmonious coexistence with nature. The paper focuses on the document of the Ontario government that advises lawyers on how to be conscientious to aboriginal customs, but highlights the intrinsic contradictions that exist between the Western concept of the law and that of the natives. The paper clearly shows how the essence of Inuit traditions largely evades the parameters of Western law.

From the Paper
"A native community can only be said to be surviving if its traditions remain viable. It is important that we do not reduce the meaning of tradition to some meaningless customs that help only to identify a people, but who are otherwise expected to think and act according to codes of modern and Western civilization. If a tradition is viable it is determining the very content of the society in question, and therefore is also determining its law. The Western ideal of respecting cultural diversity contains a blatant contradiction, because it puts the law, as emerging from a written constitution, above the individual cultures and religions of the people. It is stated that a person may follow a certain culture and religion of his or her choice as long as he is committed to follow the law of the land. In this way the indigenous cultures are rendered meaningless, which facilitates the process of cultural erosion, which some call "cultural genocide". Some native communities fiercely resist this process, and one consequence is the reform of Canadian law that allows for a more conscientious approach to the settlement of affairs that are strictly confined to aboriginal communities."

Tags:elders, healing, culture, tradition, respect, nature, coexistence, harmony, materialism

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."

Tags:prejudice, polygraph, evidence

Abstract
It is indisputable that the natural law perspective has had a powerful influence on Canadian laws 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 Canadian laws and lawmakers. It shows, however, that other perspectives also have an influence.

Tags:natural, law, canada