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Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.
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This book recounts the many and varied transformations in the history of law in Canada in the half century after Confederation.
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Women were also more likely to have talked to somebody about their experience following an incident of unwanted behaviour or assault. * Women were more likely than men to have experienced multiple incidents in the past 12 months and to have experienced unwanted behaviour or violence while on the street versus while in another public place, such as a bar or restaurant. * Beside gender, being younger, having experienced harsh parenting, having been physically or sexually abused by an adult during childhood, and being single, never married, all play a role in experiencing gender-based violence. * One in three (32%) women and one in eight (13%) men experienced unwanted sexual behaviour in public. The victims-and even the perpetrators-may not themselves perceive the motivations for the incident as being rooted in social structures and systems, which can serve to produce and reproduce gender inequality and gendered violence across many dimensions. Because of this, asking about gender-based violence directly in a survey may not lead to accurate findings or conclusions. Previous research indicates that disabled women, Indigenous women, girls and young women, lesbian and bisexual women, and gay and bisexual men are more at risk of experiencing violence (Boyce 2016; Burczycka 2018a; Conroy 2018; Conroy and Cotter 2017; Cotter 2018; Cotter and Beaupré 2014; Ibrahim 2018; Perreault 2015; Rotenberg 2019; Rotenberg 2017; Simpson 2018). By also including questions which measure violence that meets the criminal threshold, such as physical and sexual assault, the SSPPS allows for a comparative analysis of the risk factors across the continuum of gender-based violence, while also providing more recent self-reported statistics on violent victimization.
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La 4ème de couv. indique : "Concis, précis et complet, cet ouvrage va à l'essentiel. A jour de la réforme du droit des obligations, cette nouvelle édition expose tant le droit nouveau que le droit ancien auquel les contrats conclus antérieurement restent soumis. Les textes principaux et les arrêts fondamentaux sont analysés et commentés grâce à un appareil de notres très complet indiquant les références et les pistes nécessaires à de plus amples recherches . Vous trouverez dans cet ouvrage toutes les réponses à vos questions sur : les sources des obligations : définition et classification - la formation du contrat - la conclusion et les effets du contrat - la responsabilité civile - les quasi-contrats ; les règles communes à toutes les obligations : les modalités - la transmission - l'exécution - l'extinction des obligations."
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"Class actions are increasingly playing a significant role in providing access to justice to people who have experienced a common wrong. The volume of class actions jurisprudence in Canada has increased exponentially in recent years. Containing insights from two of the foremost Canadian class action jurists and a leading academic in the field, this text offers a comprehensive review of the ever-expanding law of class actions from trial and appellate courts across Canada"--Publisher.
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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. Police would henceforth require authorization based on "reasonable and probable grounds." The decision promised to protect individuals from encroaching state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. A close examination of dozens of post-Hunter cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the court has used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Dickson's vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century."-- Provided by publisher.
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