Canadian environmental law is a dynamic and exciting area that is playing an increasingly important role in furthering sustainable development policy. Environmental law has distinctive relevant principles, operating procedures, implications, and importance in comparison with other areas of law, and these distinctions must be appreciated both within the legal community and by all those who are concerned with the way that courts handle environmental cases. Environment in the Courtroom provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominence Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia. No other collection covers these topics so comprehensively. This is an essential reference for all those interested in Canadian environmental law.
Law materials
- Author:Summary:
- Author:Summary:
To understand why prisons are frequently overcrowded and expanding, we need to recognize the processes that populate them. How do societies decide whom to criminalize? What does it mean to accuse someone of being an offender? Entryways to Criminal Justice analyzes the thresholds that distinguish law-abiding from criminalizable individuals. Contributors to the volume adopt social, historical, cultural, and political perspectives to explore the accusatory process that place persons in contact with the law. Emphasizing the gateways to criminal justice, truth-telling, and overcriminalization, this interdisciplinary collection provides important insights into often overlooked practices that admit persons to criminal justice.
- Author:Marsden, Sarah GrayceSummary:
Migrant workers, though long welcomed in Canada for their labour, are often excluded from both workplace protections and basic social benefits such as health care, income assistance, and education. Through interviews with migrants and their advocates, Marsden shows that people with precarious migration status face barriers in law, policy, and practice, affecting their ability to address adverse working conditions and their access to institutions such as hospitals, schools, and employment standards boards. Enforcing Exclusion recasts what migration status means to both the state and to non-citizens, questioning the adequacy of human-rights-based responses in addressing its exclusionary effects.
- Author:Province of British ColumbiaSummary:
"A standard is a set of rules or guidelines. The Employment Accessibility Standard provides guidance on how to remove barriers for people with disabilities across the whole continuum of employment including hiring, training, retention and accommodations. These recommendations aim to support employers to develop inclusive work environments. After the Provincial Accessibility Committee finishes this standard, it will recommend the standard to the government."
- Author:Innes, Robert AlexanderSummary:
In the pre-reserve era, Aboriginal bands in the northern plains were relatively small multicultural communities that actively maintained fluid and inclusive membership through traditional kinship practices. These practices were governed by the Law of the People as described in the traditional stories of Wîsashkêcâhk, or Elder Brother, that outlined social interaction, marriage, adoption, and kinship roles and responsibilities.In Elder Brother and the Law of the People, Robert Innes offers a detailed analysis of the role of Elder Brother stories in historical and contemporary kinship practices in Cowessess First Nation, located in southeastern Saskatchewan. He reveals how these tradition-inspired practices act to undermine legal and scholarly definitions of “Indian” and counter the perception that First Nations people have internalized such classifications. He presents Cowessess’s successful negotiation of the 1996 Treaty Land Agreement and their high inclusion rate of new “Bill-C31s” as evidence of the persistence of historical kinship values and their continuing role as the central unifying factor for band membership.Elder Brother and the Law of the People presents an entirely new way of viewing Aboriginal cultural identity on the northern plains.
- Author:Delaney, JeromeSummary:
Understand the most common legal issues that confront K-12 teachers and administrators in Canada. In the second edition of Education Law for Teachers and School Administrators, Jerome G. Delaney provides educators with a comprehensive overview of their legal rights and of the legal issues they may face in their day-to-day jobs. Delaney tackles thorny questions and offers practical answers that help practicing teachers identify classroom situations with potential legal ramifications and proactively manage them, protecting both themselves and their students.The second edition is updated with chapters on copyright, teacher misconduct, and general education law concerns in Canada, and includes new discussion questions throughout the book.Topics include: The implications of the Canadian Charter of Rights and Freedoms for educators, The role provincial education acts across Canada, and how they differ among the provinces, How teacher collective agreements handle hours of instruction, extracurricular activities, teacher discipline, and grievance processes, How to navigate issues of teacher liability and negligence in reasonable and respectful ways, The impact of workplace safety legislation on schools.
- Author:Benyekhlef, Karim, Bailey, Jane, Burkell, Jacquelyn, Gélinas, FabienSummary:
Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online. Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system. Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.
- Author:Boyle, MarkSummary:
More than ever, people are longing for deep and meaningful change. Another world is not only possible; it is essential. Yet despite our creative and determined efforts to attain social justice and ecological sustainability, our global crises continue to deepen. In Drinking Molotov Cocktails with Gandhi, best-selling author Mark Boyle argues that our political and economic system has brought us to the brink of climate catastrophe, ransacking ecosystems and unraveling communities for the benefit of the few at the expense of the many. He makes a compelling case that we must "rewild" the political landscape, as history teaches us that positive social change has always been wrought by movements prepared to use any means available. The time has come for pacifists, revolutionaries, and freedom fighters to work together for the creation of a world worth sustaining. Eloquent, visionary, and beautifully written, this incendiary manifesto strikes at the heart of the world's crises and reframes our understanding of how to solve them, signaling a turning point in our journey towards an ecologically just society. The three R's of the climate change generation-reduce, reuse, and recycle-are long overdue for an upgrade .Welcome to resist, revolt, rewild. Mark Boyle is the author of The Moneyless Man and The Moneyless Manifesto. He lived completely without money for three years, and is a director of the global sharing community streetbank.com.
- Author:Napal, RajSummary:
The handbook covers the essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division. The case study of Alfred Blake provides practical insight on all the preparation work that is necessary in order to present a powerful case for the release of the detainee. There is an analysis of detention review transcripts with review questions, so the reader can understand and tackle some of the difficulties that are involved in these cases. The chapter on advocacy provides a short refresher on the essential rules of questioning of witnesses, oral submissions and etiquette in the Immigration Division. There is a chapter in the book that deals with the solvency tests that the CBSA will use to decide whether to physically release the detainee after the member of the division makes a release order. There are also handy resources in a chapter in the book to help the impecunious detainee reach out for free government subsidized legal help and representation. The chapter on appeals will give the representative the knowledge and tools to challenge detention decisions of the Immigration Division. The final chapter focuses on recent developments, including a detailed examination of the 2017 Laird Report, which highlights deficiencies in the detention review process and makes some well-needed recommendations. The appendices provide useful precedents and templates that are consistently used in detention review cases as well as essential source materials from legislation and regulations. Important precedents on how to draft retainers and affidavits are also included. This handbook is aimed to be a one-stop comprehensive legal resource on detention reviews in Canada.
- Author:Napal, RajSummary:
Advocate effectively for detained immigrants at the Immigration and Refugee Board of Canada Every year in Canada, thousands of immigrants are detained in holding centres and jails, and the numbers continue to grow year over year. Immigrants can be arrested without warrant and held indefinitely without charge, but all detainees are entitled to regular detention reviews. If you work with immigrant detainees, you need to know how to present an effective case at detention review hearings to secure their release. This one-stop resource presents a comprehensive overview of the detention review process administered by the Immigration Division, a branch of the Immigration and Refugee Board (IRB) of Canada. More than just a summary of the law that governs detention reviews, this guide outlines practical steps that can help you to secure a detainee's release. Through an in-depth case study, immigration lawyer Raj Napal examines every stage of the detention review process, from drafting a suitable retainer agreement to presenting a case and questioning witnesses in front of an IRB tribunal. Drawing on more than 20 years of experience advocating for immigrants at the IRB, Raj covers everything you need to know to prepare for a detention review and maximize your chance of securing your client's release. Anyone working in immigration law-including lawyers, paralegals and immigration consultants-needs this book. This practical handbook covers: Essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division. Tactics to present your case effectively before the board. Creating effective release plans for detainees. Dealing with detained children. Recent developments and precedents that affect detention reviews, including the 2017 Laird Report and the 2019 amended Chairperson's Guideline on Detention.
- Author:Scala, FrancescaSummary:
Are assisted reproductive technologies (ARTs) a medical issue or a matter of public policy, subject to restrictions? Francesca Scala employs the concept of boundary work to explain the protracted debates that ensued when Canada appointed a royal commission in 1989 to settle the issue. She reveals that both sides of the debate attempted to secure their position as authorities by challenging, defending, or blurring the boundaries between science and politics. This compelling account contributes to our understanding of the interaction between science and politics, the exercise of social control over science and technology, and the politics of expertise in policy making.
- Author:Brettschneider, CoreySummary:
National Indie Bestseller The trailblazing Supreme Court Justice Ruth Bader Ginsburg in her own words. Her most essential writings on gender equality and women's rights, reproductive health care, and voting and civil rights, now available in a short, accessible volume as part of the new Penguin Liberty series. A Penguin Classic Penguin Liberty is a newly curated series of classic historical, political and legal classic texts relevant to constitutional rights. This collection includes key concurrences, dissents, and selected writings by Justice Ginsburg that address gender equality and women's rights, reproductive health care, and voting and civil rights. The volume includes Justice Ginsburg's landmark Supreme Court opinions for cases including Bush v. Gore (2000), Lily Ledbetter v. Goodyear Tire & Rubber Company (2007), Shelby County v. Holder (2013), Burwell v. Hobby Lobby (2014), and more. Each Penguin Liberty volume will feature a series introduction and volume introduction by series editor Corey Brettschneider.
- Author:Summary:
In Daniels v. Canada the Supreme Court determined that Métis and non-status Indians were "Indians" under section 91(24) of the Constitution Act, 1867, one of a number of court victories that has powerfully shaped Métis relationships with the federal government. However, the decision (and the case) continues to reverberate far beyond its immediate policy implications. Bringing together scholars and practitioners from a wide array of professional contexts, this volume demonstrates the power of Supreme Court of Canada cases to directly and indirectly shape our conversations about and conceptions of what Indigeneity is, what its boundaries are, and what Canadians believe Indigenous peoples are "owed." Attention to Daniels v. Canada's variegated impacts also demonstrates the extent to which the power of the courts extend and refract far deeper and into a much wider array of social arenas than we often give them credit for. This volume demonstrates the importance of understanding "law" beyond its jurisprudential manifestations, but it also points to the central importance of respecting the power of court cases in how law is carried out in a liberal nation-state such as Canada.
- Author:Labman, ShaunaSummary:
Resettlement – the selection and transfer of refugees from the state where they seek asylum to another state – is considered a tool of refugee protection. In this nuanced account of Canada’s resettlement program from the Indochinese crisis of the 1970s to the Syrian crisis of the 2010s, Shauna Labman examines the role that law plays in resettlement and the impact of resettlement on asylum policies. She concludes that resettlement programs can either complement or complicate in-country asylum claims at a time when fear of outsiders is causing countries to close their borders to asylum-seekers around the world.
- Author:Labman, ShaunaSummary:
Resettlement - the selection and transfer of refugees from the state where they seek asylum to another state - is considered a tool of refugee protection. In this nuanced account of Canada's resettlement program from the Indochinese crisis of the 1970s to the Syrian crisis of the 2010s, Shauna Labman examines the role that law plays in resettlement and the impact of resettlement on asylum policies. She concludes that resettlement programs can either complement or complicate in-country asylum claims at a time when fear of outsiders is causing countries to close their borders to asylum-seekers around the world.
- Author:Bull, Ray.Summary:
How does the mind of a criminal work' How can you stop criminals from re-offending' What does being in prison do to your mind' From lie detection to psychological profiling, Professor Ray Bull and his team of experts demonstrate how understanding the mind is essential in the fight against criminality. Covering prisons, police methods, and eyewitness reliability, this book provides an authoritative introduction to the fascinating research underpinning modern criminal psychology. Professor Ray Bull is Director of Postgraduate Courses in Forensic Psychology at University of Leicester, where his co-authors are all lecturers.
- Author:Minister of JusticeSummary:
Criminal code, R.S.C. 1985, c. C-46
- Author:Baum, Daniel J.Summary:
When police are called in to investigate a crime, what powers and limitations apply to them? What are their rights to question strangers, search without warrants, or detain individuals who might become suspects? Crime Scene Investigations breaks down the Supreme Court's decisions on questions like these into clear and practical terms. Police need to be vigilant, since the line between a lawful search and an improper one can be dangerously thin, and officers can be held accountable for any wrongdoing, intentional or not. The controversy surrounding such techniques as "stop-and-frisk" sweeps and compulsory DNA testing underscores the importance of understanding the legal dimensions of police powers. Because interactions between law enforcement officers and civilians are often charged with complexities, Crime Scene Investigations provides a level-headed guide, indispensable for those on either side of an investigation.
- Author:Burnham, Scott J.Summary:
Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law for Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. * Tracks to a typical contracts course * Plain-English explanations demystify intimidating information * Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
- Author:Bunting, Annie, Quirk, JoelSummary:
Contemporary slavery has emerged as a source of fascination and a spur to political mobilization. This volume brings together experts to carefully explore how the language of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical and visual performances. However well-intentioned these interventions might be, they remain subject to a host of limitations and complications. Recent efforts to combat slavery are too often sensationalist, self-serving, and superficial and end up failing the test of speaking truth to power. Bringing about lasting change will require direct challenges to dominant political and economic interests.