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Concentrating on Canadian experience, specifically litigation under the Canadian Charter of Rights and Freedoms (the ‘Charter’), this article seeks to reconcile the access to justice benefits of summary procedures with the government litigant's duty to act in the public interest (or as a ‘model litigant’) and uphold the rule of law. Though acknowledging the benefits that can result from the use of summary procedures to end litigation, the authors observe that compliance with strict requirements in procedural law are frequently dispensed with in the Charter context. In fact, summary procedures can have a devastating effect on the development of Charter rights. The authors ultimately posit that the government should have a duty of restraint in using summary procedures to end public law litigation, and courts should be reluctant to permit the government to preclude such litigation aimed at advancing the evolution of the Charter from reaching hearings on the merits.
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International copyright and neighbouring rights : the Berne Convention and beyond. Vol. 2 | WorldCat.org
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"Copyright law grants exclusive rights for limited terms to the authors of musical, literary, dramatic and artistic works. With the shift towards an information economy and the rapid development of digital technologies, copyright is fast becoming one of the most dynamic, critical and controversial areas of Canadian law and policy. This casebook presents extracts from the leading cases from both Canadian and international jurisprudence to illustrate the legal concepts, doctrinal evolution and current approaches to copyright issues. The revised second edition reflects the important case law and statutory amendments that have taken place over the past five years, including the Supreme Court of Canada's so-called "copyright pentalogy" and the newly enacted Copyright Modernization Act."--Publisher description.
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The first comprehensive analysis of the July 2012 Supreme Court of Canada rulings on five copyright cases, this indispensible volume, edited by Michael Geist identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada
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"The fourth edition of Canadian Copyright Law brings you the latest updates according to new Canadian legislation and international agreements. Copyright infringement has always been illegal. Today with near-constant access to the internet and the mainstream explosion of digital formats, copyright is one of the most important issues for creative professionals, consumers of that media, and those who work in related industries. The line between what is protected and what is "free" is blurring further, and the copyright issues are more complex then ever"--Book jacket.
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