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11 LE DROIT DE LA FAMILLE was published in Contrôle coercitif on page 223.
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This article reports on four interrelated studies on self-representation by family litigants: a study of family litigants in Ontario; a survey of perceptions of lawyers in Ontario and Alberta; and a study of Canadian judges. There has clearly been an increase in self-representation in family cases. Lack of financial resources is the most significant reason for self-representation, but a significant number of the self-represented do not believe that they will have worse outcomes without a lawyer. Lawyers and judges report significant concerns about lack of representation, including fewer settlements and a slower process, with corresponding increased expenses for a represented party.
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Le présent ouvrage rassemble les textes des conférences prononcées lors du colloque intitulé "Développements récents en droit criminel", qui s'est tenu à Montréal, le 6 octobre 2022. -- Quatrième de couverture
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When the Law Reform Commission of Canada was established in 1971,¹ it was thought that, within the then foreseeable future, Canada would have a new Criminal Code covering criminal law and procedure. The minister of justice, John Turner, stated in the House when the bill was under consideration that ‘the Commission should have a complete rewriting of the criminal law as one of its first projects.’² The original commission – and I should declare that I was one of the original commissioners – contemplated a new Code of Criminal Law and Procedure in its first research program, commencing with procedure:
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This chapter is about the interpretation of section 1 of the Canadian Charter of Rights and Freedoms. Section 1 allows ‘limits’ to constitutional rights insofar as they are reasonable and justified in a free and democratic society. It asks the state for moral justification when a right has been infringed by state action. Moral justification has formal and substantive aspects; therefore the application of section 1 deploys a formal framework of proportionality nestled within a thin conception of liberal democratic political morality. The chapter also addresses the relative moral importance of the notion of ‘rights’, as well as the relevance of institutional considerations. It concludes that the section 1 framework follows a standard model of moral justification and cannot be significantly improved upon.
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6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts Our Understanding was published in Contested Constitutionalism on page 107.
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