Search
Full bibliography 2,167 resources
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
This book provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords' decision in Three Rviers District Council v. Bank of England (no.3) (2001) and the Supreme Court of Canada's decision to Odhavji Estate v. Woodhouse (2003)m misfeasance has been pleased with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarigies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state. -- back cover.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Weinrib, J. (2014). The Modern Constitutional State: A Defence. Queen’s Law Journal, 40(1), 165–212.
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
This chapter considers the effect of section 1, the “justification” section of the Canadian Charter, on the doctrinal development of section 15, the equality section. It begins by describing the development of the section 15 substantive equality analysis, including the claim of a conceptually complete separation from the section 1 analysis of state justification. The chapter then identifies some features of section 15 which suggest that this separation is less than complete, including the existence of section 15(2), and anxieties over constraining government action. The chapter then turns to three post-2001 cases in which the Supreme Court of Canada found discrimination under the Charter but then held that discrimination was “justified” through section 1, and asks what these cases might reveal about the symbolic significance of a finding of discrimination and the Court’s struggle with institutional competence concerns in equality claims.
-
Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.
-
"Tournament of Appeals investigates the leave to appeal process in Canada and explores how and why certain cases "win" a place on the Court's agenda and others do not. Drawing from systematically collected information on the process, applications, and lawyers. Roy Flemming offers both a qualitative and quantitative explanation of how Canada's justices grant judicial review. This study will draw the attention of lawyers, academics, and students in North America as well as in the Commonwealth or Europe, where the appeals process in the high courts is similar to that of Canada."--BOOK JACKET.
-
There is a consensus that some racial groups are over-represented in their contact with the Canadian justice system, but a lack of agreement about possible reasons for this over-representation. The two dominant explanations for disproportionate minority contact (DMC) with the police are differential involvement in crime and differential treatment by the police. Differential treatment may be due to disproportionate possession by minorities of risk factors for police contact or to discriminatory policing. This paper uses data on self-reported delinquency and police contacts from a representative sample of Canadian youth aged 12 to 17 years from the National Longitudinal Study of Children and Youth to test the hypotheses that DMC is due to differential involvement or to differential treatment due to disproportionate risk factors. The results indicate that there was disproportionate minority contact with the police, but no support was found for explanations of DMC in terms of either differential involvement or differential treatment due to risk factors. Distinguishing between youth who report violent delinquency and all other youth, DMC was found only for the non-violent youth; this DMC was also not explained by differential treatment due to risk factors. By eliminating other explanations, the results suggest that racially discriminatory policing may be one explanation for DMC in Canada.
Explore
Resource type
- Blog Post (6)
- Book (752)
- Book Section (209)
- Case (226)
- Conference Paper (5)
- Dictionary Entry (74)
- Document (2)
- Encyclopedia Article (1)
- Journal Article (868)
- Magazine Article (2)
- Newspaper Article (2)
- Preprint (2)
- Presentation (1)
- Report (15)
- Thesis (1)
- Web Page (1)
Topics
- Aboriginal law (4)
- Aboriginal peoples (2)
- Abuse of process (5)
- Access to information (1)
- Administrative law (11)
- Admissibility (1)
- Appeals (5)
- Arrest (2)
- Assurance (1)
- Bankruptcy and insolvency (6)
- Banks (1)
- Canada (2)
- Charge to jury (2)
- Charter of Rights (29)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Civil procedure (2)
- Communications law (1)
- Constitutional law (46)
- Contracts (2)
- Copyright (8)
- Copyright Pentalogy (5)
- Costs (1)
- Court having jurisdiction (1)
- Courts (8)
- Criminal law (85)
- Crown law (1)
- Custody (4)
- Declaration of invalidity (1)
- Discoverability (1)
- Division of powers (4)
- Equity (1)
- Evidence (16)
- Expropriation (2)
- Extraterritoriality (1)
- Family law (7)
- Fiduciary duty (1)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Human rights (1)
- Immigration (3)
- Impaired driving (2)
- Income tax (4)
- Informer privilege (1)
- Infringement (2)
- Insurance (2)
- Intellectual property (8)
- Judicial review (5)
- Jurisdiction (5)
- Labour relations (1)
- Limitation of actions (1)
- Mediation (1)
- Negligence (1)
- Obligation of loyalty (1)
- Obstructing justice (1)
- Occupational health and safety (1)
- Open court principle (1)
- Patents (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (2)
- Property (1)
- Prosecutorial immunity (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (2)
- Sentencing (9)
- Sex workers (1)
- Sexual assault (6)
- Status of persons (1)
- Statutes (1)
- Taxation (6)
- Telecommunications (1)
- Torts (1)
- Trafficking in persons (1)
- Transportation law (2)
- Treaty rights (1)
- Trial (5)
- Voyeurism (1)
- Young persons (2)
Publication year
-
Between 1700 and 1799
(9)
-
Between 1700 and 1709
(1)
- 1701 (1)
- Between 1760 and 1769 (5)
-
Between 1770 and 1779
(1)
- 1777 (1)
-
Between 1790 and 1799
(2)
- 1797 (2)
-
Between 1700 and 1709
(1)
-
Between 1800 and 1899
(11)
- Between 1820 and 1829 (2)
-
Between 1830 and 1839
(1)
- 1830 (1)
-
Between 1840 and 1849
(1)
- 1849 (1)
- Between 1870 and 1879 (2)
-
Between 1880 and 1889
(1)
- 1880 (1)
- Between 1890 and 1899 (4)
-
Between 1900 and 1999
(415)
-
Between 1900 and 1909
(1)
- 1908 (1)
-
Between 1910 and 1919
(1)
- 1918 (1)
-
Between 1920 and 1929
(1)
- 1927 (1)
- Between 1930 and 1939 (8)
- Between 1940 and 1949 (9)
- Between 1950 and 1959 (13)
- Between 1960 and 1969 (30)
- Between 1970 and 1979 (38)
- Between 1980 and 1989 (127)
- Between 1990 and 1999 (187)
-
Between 1900 and 1909
(1)
-
Between 2000 and 2026
(1,732)
- Between 2000 and 2009 (398)
- Between 2010 and 2019 (680)
- Between 2020 and 2026 (654)