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Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing to award gain-based remedies for breaches of confidence, in the court’s discretion. In the context of infringements of intellectual property rights, which is federal law, the legislation makes clear that gain-based remedies are available, although again this is in the discretion of the court. In both common law and Quebec civil law, in situations where one person is managing the property or affairs of another in a fiduciary capacity, improper gains must be surrendered, although it is arguable that the law ascribes rights acquired by the manager to the principal as the correct legal implementation of the parties’ relationship, rather than as a remedy for wrongdoing.
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Child sexual abuse (CSA) often leads to negative outcomes for victims, frequently over the long term. From recent qualitative research and supportive work with survivors there is reason to believe that image and/or online elements to sexual abuse add complexity and challenge to their recovery. This chapter attempts to pull together a picture of the negative impact of online sexual abuse drawing on all of these sources of knowledge. This includes exploration of why online and/or image elements in sexual abuse may worsen or complicate impact; why some children may be more negatively affected than others; how impact may change over time; where critical points of vulnerability may lie; and how emotions, meanings and experiences around online sexual abuse may play into subsequent difficulties. The chapter concludes by drawing out implications for work with children and families and suggesting directions for further research.
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"Comparative Law in the Jurisprudence of the Supreme Court of Canada" published on 09 Sep 2019 by Brill | Nijhoff.
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This title provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law.
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Freedom of expression and freedom of association are guaranteed by section 2 of the Charter of Rights and Freedoms. These freedoms are closely related, conceptually and philosophically, but evolved in different directions under the Charter. Whereas section 2(b)’s guarantee of expressive freedom generated a rich jurisprudence across diverse issues, section 2(d)’s attention focused on associational freedom in the context of labour union activities. The authors draw on a pocket of section 2(b) case law on picketing and other labour-related expressive activities to bring these guarantees into comparison. In doing so, they comment on the Supreme Court of Canada’s interpretation of each guarantee, including the constitutionalization of key aspects of labour relations under section 2(d). In addition, the authors critique the Court’s jurisprudence, emphasizing the central importance of protecting protest and dissent activities under both guarantees.