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  • Auteur:
    Puddister, Kate
    Sommaire:

    Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants - and governments often wield this power strategically. The first study of its kind, Seeking the Court's Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case - win or lose - is often secondary to the political benefits that can be attained from relying on courts through the reference power.

  • Auteur:
    Stone, Carrie, Culhane, John G.
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    Grasp the latest legal information for gay and lesbian couples   Same-sex relationships are treated differently under each state's laws, and nearly a quarter of the U.S. population lives in a state with some form of legal recognition for same-sex couples. Same Sex Legal Kit For Dummies is a practical, plain-English guide to the legal information and guidance lesbian and gay couples need—from making practical decisions about living together and obtaining domestic partner benefits, to making medical decisions, taking care of each other's finances when one partner is incapacitated, leaving property to each other, having and raising children, and much more. * Discusses power of attorney, health directives, and real estate and personal property ownership * Covers considerations for bank accounts, investments, and estate planning * The book's accompanying CD-ROM includes dozens of helpful tools, forms, and letters * Brings you up to speed on the latest in civil unions, workplace rights, rental agreements and leases and much more The information contained in Same Sex Legal Kit For Dummies is invaluable for anyone in a same-sex relationship who needs to grasp the laws and regulations that apply to their unique situation CD-ROM/DVD and other supplementary materials are not included as part of the e-book file, but are available for download after purchase.

  • Auteur:
    Sirove, Taryn
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    In the 1980s, the Ontario Board of Censors began to subject media artists' work to the same cuts, bans, and warning labels as commercial film. This innovative exploration of how art and law intersected in the ensuing censor wars turns a spotlight on the powerful role that artists can play in the administration of culture. When artists and their anti-censorship allies mounted grassroots protests and entered courts of law, they impacted how the province interpreted freedom of expression. The language of the law in turn shaped the way artists conceived of their own practices.

  • Auteur:
    Batten, Jack
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    Ross Mackay, The Saga of a Brilliant Criminal Lawyer is great fit for people who love Perry Mason's courtroom drama and Better Call Saul's criminal subculture. Two murder trials were held in Toronto in the spring of 1962, only nineteen days apart. The accused man in each trial, one a pimp accused of stabbing a fellow pimp to death, the other a thief who killed a policeman in a shootout, were the last two men to be hanged in Canada. Toronto criminal lawyer Ross Mackay was the counsel for the accused in both trials, a mere thirty years old when he lost them both to the gallows. But the trials were far from the last times that Mackay defended accused murderers in the most horrendous circumstances. Author Jack Batten tells the story of Mackay's dedication to the maxim that every man is entitled to a defence - a a story of Mackay's courage and the harsh penalties he paid for the daring and controversial choices he made in life and in the courtroom.

  • Auteur:
    Boyd, David R.
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    Palila v Hawaii. New Zealand's Te Urewera Act. Sierra Club v Disney. These legal phrases hardly sound like the makings of a revolution, but beyond the headlines portending environmental catastrophes, a movement of immense import has been building--in courtrooms, legislatures, and communities across the globe. Cultures and laws are transforming to provide a powerful new approach to protecting the planet and the species with whom we share it. Lawyers from California to New York are fighting to gain legal rights for chimpanzees and killer whales, and lawmakers are ending the era of keeping these intelligent animals in captivity. In Hawaii and India, judges have recognized that endangered species--from birds to lions--have the legal right to exist. Around the world, more and more laws are being passed recognizing that ecosystems--rivers, forests, mountains, and more--have legally enforceable rights. And if nature has rights, then humans have responsibilities. In The Rights of Nature, noted environmental lawyer David Boyd tells this remarkable story, which is, at its heart, one of humans as a species finally growing up. Read this book and your world view will be altered forever.

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    Rights and the City takes stock of rights struggles and progress in cities by exploring the tensions that exist between different concepts of rights. Sandeep Agrawal and the volume's contributors expose the paradoxes that planners and municipal governments face when attempting not only to combat discriminatory practices, but also advance a human rights agenda. The authors examine the legal, conceptual, and philosophical aspects of rights, including its various forms-human, Indigenous, housing, property rights, and various other forms of rights. Using empirical evidence and examples, they translate the philosophical and legal aspects of rights into more practical terms and applications. Regionally, the book draws on municipalities from across Canada while also making broad international comparisons. Scholars, policy makers, and activists with an interest in urban studies, planning, and law will find much of value throughout this volume. Contributors: Sandeep Agrawal, Rachelle Alterman, Sasha Best, Alexandra Flynn, Eran S. Kaplinsky, Ola P. Malik, Jennifer A. Orange, Michelle L. Oren, René Vaugeois. Afterword by Benjamin Davy.

  • Auteur:
    Tunnicliffe, Jennifer
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    From 1948 to 1966, the United Nations worked to create a common legal standard for human rights protection around the globe. Resisting Rights analyzes the Canadian government's changing policy toward this endeavour from the 1940s to the 1970s, exploring how developments in international relations and evolving cultural attitudes within Canadian society created pressure on the federal government to overcome its initial reluctance to be bound by international human rights law. This timely study situates current policies within their historical context and debunks the myth that Canada has been at the forefront of international human rights policy since its inception.

  • Auteur:
    Public Legal Education Association of Saskatchewan
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    This booklet reviews the legal rights and duties of tenants and landlords in Saskatchewan and provides information about resolving disputes.

    Please note: the rights and duties of tenants and landlords are significantly difference from province to province. If you are looking for this information for a province other than Saskatchewan, please contact NNELS support.

  • Auteur:
    Durisin, Elya M., van der Meulen, Emily, Bruckert, Chris
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    In 2013, the Supreme Court of Canada ruled in Canada v. Bedford that key prostitution laws were unconstitutional. Red Light Labour addresses the new legal regime regulating sex work by analyzing how laws and those who uphold them have constructed, controlled, and criminalized sex workers, their clients, and their workspaces. This groundbreaking collection also offers nuanced interpretations of commercial sexual labour from the perspectives of workers, activists, and researchers. The contributors highlight the struggle for civic and social inclusion by considering sex workers’ advocacy tactics, successes, and challenges. A timely legal, policy, and social analysis of sex work in Canada.

  • Auteur:
    Boyer, J. Patrick, Greenspan, Edward L., McMurtry, Roy
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    Justices of the peace, constables, and game wardens from the late 19th century are brought to vivid life interacting with a variety of accused citizens. Rare views of human lives in turmoil are revealed in several hundred trials conducted in 1890s Muskoka by Magistrate James Boyer of Bracebridge. The charges and evidence show how raw life really was in Canada’s frontier towns, with cases ranging from nostalgic and humorous to pitiable and deeply disturbing. While dispensing speedy justice, Boyer, who was also town clerk and editor of the Northern Advocate, the first newspaper in Ontario’s northern districts, kept a careful record in his handwritten "bench book" of all these cases. That bench book, recently found by his great-grandson, lawyer J. Patrick Boyer, provides the raw material for Raw Life. This first-time publication of the these cases demonstrates how, in Canadian society, some things haven’t changed much over the years – from early road rage to the plight of abused women, from environmental contamination to punitive treatment of the poor.

  • Auteur:
    Behnke, Alison Marie
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    In the United States, racial profiling affects thousands of Americans every day. Both individuals and institutions-such as law enforcement agencies, government bodies, and schools-routinely use race or ethnicity as grounds for suspecting someone of an offense. The high-profile deaths of unarmed people of color at the hands of police officers have brought renewed national attention to racial profiling and have inspired grassroots activism from groups such as Black Lives Matter. Combining rigorous research with powerful personal stories, Racial Profiling explores the history, the many manifestations, and the consequences of this form of social injustice.

  • Auteur:
    Mauer, Marc
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    In this revised edition of his seminal book on race, class, and the criminal justice system, Marc Mauer, executive director of one of the United States' leading criminal justice reform organizations, offers the most up-to-date look available at three decades of prison expansion in America. Including newly written material on recent developments under the Bush administration and updated statistics, graphs, and charts throughout, the book tells the tragic story of runaway growth in the number of prisons and jails and the overreliance on imprisonment to stem problems of economic and social development. Called "sober and nuanced" by Publishers Weekly, Race to Incarcerate documents the enormous financial and human toll of the "get tough" movement, and argues for more humane-and productive-alternatives.

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    Public Law: Cases, Materials, and Commentary was designed to meet the core needs of first-year public law and legislation courses across the Canada. Using carefully selected case excerpts, it demonstrates concepts, principles, and theory to students in a direct and accessible manner. Cases are presented with insightful commentary by the authors, offering students a compelling, cohesive introduction to the subject of public law and legislation.

  • Auteur:
    Bell, Catherine, Paterson, Robert
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    Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

  • Auteur:
    Jochelson, Richard, Ireland, David
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    In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on "reasonable and probable grounds." The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of post-Hunter cases reveals that Justice Dickson's vision has been diminished in an era of heightened security and expanding police powers.

  • Auteur:
    Herivel, Tara, Wright, Paul
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    In Prison Profiteers, co-editors Tara Herivel and Paul Wright "follow the money to an astonishing constellation of prison administrators and politicians working in collusion with private parties to maximize profits" (Publishers Weekly). From investment banks, guard unions, and the makers of Taser stun guns to health care providers, telephone companies, and the U.S. military (which relies heavily on prison labor), this network of perversely motivated interests has turned the imprisonment of one out of every 135 Americans into a lucrative business. Called "an essential read for anyone who wants to understand what's gone wrong with criminal justice in the United States" by ACLU National Prison Project director Elizabeth Alexander, this incisive and deftly researched volume shows how billions of tax dollars designated for the public good end up lining the pockets of those private enterprises dedicated to keeping prisons packed. "An important analysis of a troubling social trend" (Booklist) that is sure to inform and outrage any concerned citizen, Prison Profiteers reframes the conversation by exposing those who stand to profit from the imprisonment of millions of Americans.

  • Auteur:
    Ziff, Bruce H.
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    This book lays the foundation for property-related areas, including real estate conveyancing and land registration, landlord and tenant law, estate planning and succession, trusts, equity and restitution, Aboriginal rights, bailments, and mortgage remedies.

  • Auteur:
    Harris, Robert H.
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    Prime Example tells the story of the State of New York Department of Health versus Warren M Levin, MD. In the late 1980s the Commissioner of Health of New York was a very brilliant and morbidly depressed individual who suddenly got the idea to rid the state of all of those alternative doctors! He chose Warren Levin, a board-certified family doctor and the son of a doctor. Dr. Levin's practice had never received a complaint from any patient and he had never been sued on the day that the state served a small telephone book sized set of charges against him. Basically, they asserted that everything he did from morning till night in every day of his practice was unprofessional conduct. The state brought in a very, very zealous witness who had an MD and a JD and was a self-professed quack buster. He spent much of his time testifying against physicians and testified before many government bodies including the U.S. Congress where he specifically mentioned Dr. Levin as a quack on several occasions. The Levin defense brought in an extraordinary compliment of witnesses on his behalf. Among them was Linus Pauling, PhD, with almost 50 honorary MD’s and PhD's. He was at the time he testified and remains the only human being to have received two individual Nobel prizes. There were many others, many of them tops in their fields with hefty titles and accomplishments who testified for Levin and much of that testimony is referred to and/or excerpted in Prime Example. Since the administrative law judge, the prosecutor and the three members of the panel sitting as a mini jury were more beholden to and selected by the Commissioner of Health. Levin knew that no matter what Harris did for him he was going to lose. His hope was that Harris would make a good record which could be presented to the Regents who usually saw the truth for what it was. In the end that's exactly the way it played out and Dr. Levin is still practicing medicine today for the lucky patients of northern Virginia. The state simply could not make him, it's Prime Example.

  • Auteur:
    Scott, Tracie Lea
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    In 1999 the Nisga’a First Nation in northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. The Nisga’a Final Agreement granted powers over land, resources, education, and cultural policy to the Nisga’a government, a major departure from previous land claims agreements. However, it was not without opposition and Scott also outlines the opposition, including two court challenges, mounted against the agreement. This book concisely examines the major terms of the agreement then deeply analyzes the impact the agreement has on federal/provincial/First Nations relations.

  • Auteur:
    Johnson, Harold R.
    Sommaire:

    An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout "Enough is enough." This book is my act of taking responsibility for what I did, for my actions and inactions. In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.

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