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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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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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"More than forty years after the enactment of the Canadian Charter of Rights and Freedoms, this landmark treatise examines the interpretation and application of the Charter by Canadian courts in both the private and criminal law spheres, as well as its impact on the Canadian legal system. Updated to reflect the most recent constitutional developments, Canadian Charter of Rights and Freedoms, 6th Edition + Charte canadienne des droits et libertés, 6e édition by Errol Mendes and Stéphane Beaulac offers a comprehensive review of the evolution of the Charter in the Canadian legal landscape.Since its first publication in 1982, this bilingual text has become an invaluable reference for constitutional law practitioners and students." --Publisher's website
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"The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decisions; their effectiveness in ensuring respect for human rights obligations; and the legitimacy of these bodies and their decisions. Containing contributions from a variety of eminent legal experts, including present and former members of the treaty bodies, the analysis should be read in light of the ongoing effort to strengthen treaty bodies under the auspices of the UN High Commissioner for Human Rights and with the involvement of relevant stakeholders"--Provided by publisher.