Your search
Results 386 resources
-
Intellectual property disputes: resolutions and remedies is designed to fill the void linking the advances in intellectual property law with the law of remedies in Canada by providing a comprehensive and integrated resource for understanding intellectual property law and remedies
-
This article attempts to update a Canadian classic - the realist account of statutory interpretation published by John Willis in the Canadian Bar Review in 1938. Willis' insights are compelling and they remain relevant today. However, by focusing on the rhetoric of statutory interpretation, by far its weakest point, Willis disregards the considerable work that goes on when statutory interpretation is well done. This article draws attention to that work. Part 2 looks at the kinds of analyses relied on by good interpreters to establish that elusive goal, the intention of the legislature. These include textual, purposive, scheme, policy and consequential analysis. Part 2 examines the difference between easy and hard cases, then focuses on the techniques used by interpreters to carry out the different kinds of analyses and how these relate to the formal rules. Part 3 looks at the range of arguments interpreters may construct based on their preliminary analysis. Not every argument in statutory interpretation is about the meaning of words. Interpreters also confront drafter's mistakes, gaps in the legislative scheme, overlap and conflict, and language that is over- or under-inclusive. The structure of these different kinds of arguments is set out and illustrated in Part 3.
-
"This book analyzes the modern principle of statutory interpretation as described by Canadian courts. An invaluable resource, the book includes the topic from an administrative law perspective, as well as constitutional interpretation."-- Provided by publisher.
-
"The second edition of The Law of the Canadian Constitution is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This comprehensive text, written for practitioners and adapted for students provides fresh and current insights, up to date case law, and expert commentary and analysis of current and emerging issues in Constitutional Law." --publisher's description.
Explore
Resource type
- Book (165)
- Book Section (22)
- Case (51)
- Dictionary Entry (26)
- Journal Article (116)
- Presentation (1)
- Report (5)
Topics
- Aboriginal law (1)
- Aboriginal peoples (1)
- Administrative law (4)
- Admissibility (1)
- Appeals (2)
- Bankruptcy and insolvency (2)
- Charter of Rights (3)
- Child and family services (1)
- Choice of forum (1)
- Communications law (1)
- Constitutional law (6)
- Copyright (7)
- Copyright Pentalogy (5)
- Court having jurisdiction (1)
- Courts (1)
- Criminal law (20)
- Custody (1)
- Division of powers (2)
- Evidence (2)
- Family law (1)
- Fitness to stand trial (1)
- Immigration (1)
- Infringement (2)
- Intellectual property (5)
- Judicial review (4)
- Jurisdiction (1)
- Prescription (1)
- Private international law (1)
- Property (1)
- Real property (1)
- Right to security of person (1)
- Sentencing (6)
- Sex workers (1)
- Sexual assault (1)
- Status of persons (1)
- Statutes (1)
- Telecommunications (1)
- Trafficking in persons (1)
- Trial (1)
- Young persons (2)