Canadian Law eJournal最新文献

{"title":"Legal Systems and Blockchain Interactions","authors":"Kartik Hegadekatti","doi":"10.2139/ssrn.2893128","DOIUrl":"https://doi.org/10.2139/ssrn.2893128","url":null,"abstract":"A large amount of money is spent globally in the litigation process. A significant chunk of litigations can actually be prevented from even arising if the policies, contracts and laws can be fully objectivised. Presently, the interpretation of law, contracts, policies etc. lead to a lot of confusion and ambiguities. This complicates the justice process. This paper deals with simplifying the legal procedures by using Blockchain Technology. Firstly I introduce the concept of Blockchains and Cryptocurrencies. Then we discuss the present legal services. The ways in which Blockchain technology can be applied to legal processes is identified. Civil and Common law systems are the most widespread in the world. The probable impact of Blockchain on law systems is evaluated. The paper concludes by summarizing the consequences and suitability of using Blockchain Technology in Law systems and Legal services.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"401 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126673836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cohabitation, Law Reform, and the Litigants","authors":"R. Leckey","doi":"10.1093/LAWFAM/EBX002","DOIUrl":"https://doi.org/10.1093/LAWFAM/EBX002","url":null,"abstract":"Who sues when cohabiting relationships unwind, before and after reform that extends matrimonial sharing of family property to cohabitants? This paper reports findings from the Canadian provinces of Saskatchewan and British Columbia, where reform aimed to divert cohabitants from claims in unjust enrichment. The legislative minimum duration in both is two years. The paper reports on a comparison of the litigants in judgments in unjust enrichment pre-reform and under the extended family legislation. Factors studied include the sexes of the plaintiffs and defendants, distribution of household labour, presence of children, relationship duration, and money awarded. The findings show continuity in the profile of litigants, with relatively few claims from short unions post-reform. Money awards increased and patterns of household labour diversified somewhat. Findings highlight that intensifying the financial consequences of cohabitation may multiply disputes over the nature of unions and their duration. These disputes flag up the unlikelihood of achieving wholly identical treatment for married and unmarried partners. The findings might lead opponents and proponents of law reform to temper their discourse. Extending property sharing to cohabitants after a relatively short union did not flood the judicial system. Nor did it eliminate procedural and evidentiary hurdles distinctive to cohabitants relative to married spouses.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127055138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A New Wave of Positivism in the Social Sciences: Regulatory Capture and Conceptual Constraints in the Governance of Research Involving Humans","authors":"Igor B Gontcharov","doi":"10.2139/ssrn.2861908","DOIUrl":"https://doi.org/10.2139/ssrn.2861908","url":null,"abstract":"The task of this paper is to identify key conceptual limitations of prospective ethics review in the social sciences and humanities and discuss the implications of employing a positivist methodological toolkit in designing a governance framework for all research involving humans. This is necessary to facilitate a revision of the Tri-Council Policy Statement in a way that would built upon and enhance the pluralistic ethico-methodological nature of the social sciences and humanities.The paper consists of two parts, examining procedural and conceptual aspects in the governance of research involving humans, respectively. First, it focuses on the procedural reasons that contributed to the adoption of a one-size-fits-all regulatory model in 1998 and the limited ability of the regulators to respond to the criticisms of social researchers in the subsequent iterations of the Tri-Council Policy Statement in 2010 and 2014. Second, it offers an analysis of the positivist conceptual framework, including methodological reductionism, objectivism, and universalism, and its impact on policy making in research involving humans.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116770328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Do Insiders Comply with Disclosure Rules? Evidence from Canada, 1996-2011","authors":"Lindsay M. Tedds","doi":"10.11575/SPPP.V9I0.42603","DOIUrl":"https://doi.org/10.11575/SPPP.V9I0.42603","url":null,"abstract":"The disclosure of information on the granting of stock options as part of senior managers’ compensation packages can be a cumbersome and patchy process in terms of both regulatory compliance and public accessibility. Closing the gaps to make the reporting and accessing of data less unwieldy and more timely, efficient and accurate, should be a priority for securities regulators Firms are required to disclose the issuing of stock options to their highestlevel executives in their annual information circulars. Slight additions made to the information provided in the circulars, such as stock option grant dates, would greatly improve corporate transparency. Insiders also need to be educated on their duty to file, as they bear a fair amount of the responsibility for the problems in the system. Insiders’ lack of awareness about compliance contributes to discrepancies between insider disclosure and company disclosure, and creates information gaps. Misfiling, failure to file, and late filing of data — which can be a chronic problem — further hamper the disclosure process. Add to this the issue of limited accessibility created by a frustrating lack of linkage between databases and a paucity of online searchability capacity. This paper’s research shows that compliance levels are quite high in regards to reporting of information in proxy circulars. However, 12 per cent of stock option awards are not made public outside of the circulars, with 10 per cent of awards to CEOs, nine per cent to CFOs and 15 per cent to VPs going unfiled. The incidence of unfiled reports also includes 22 per cent of insiders for whom stock options are the only award. Equally worrisome is the fact that 26 per cent of insiders have at least one option award that goes unreported and nearly eight per cent of insiders never file. Some 34 per cent of insider awards are filed with information that differs from the data reported in the firm’s information circular. Confusion and procedural ignorance about compliance on the part of insiders contribute to such discrepancies. The System for Electronic Document Analysis and Retrieval (SEDAR), the continuous disclosure database that firms use, cries out for modernization. Not only does its archaic reporting system limit its accessibility, but it functions separately from the database insiders use, the System for Electronic Disclosure by Insiders (SEDI). Linking the two databases would streamline insider filing requirements, increase compliance with insider disclosure, and improve the audit and compliance function of the securities regulators. The financial penalties for non-compliance or irregularities should be an incentive for both insiders and issuers to educate themselves and ensure they are meticulous in producing error-free, timely data and in making those data public. Unfortunately, enforcement is inconsistent. Currently, penalties tend to be applied only if another serious regulatory breach accompanies the misfilings, late filings or chron","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"29 16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130348884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Canadian Legal Approaches to 'Cyberbullying' and Cyberviolence: An Overview","authors":"Jane Bailey","doi":"10.2139/SSRN.2841413","DOIUrl":"https://doi.org/10.2139/SSRN.2841413","url":null,"abstract":"As early as the mid 1990s Canadian economic and social policy prioritized getting young people connected to what was then referred to as the \"information super highway\". By the late 1990s policy discourse had expanded to include the negative consequences of connectivity, including technologically facilitated harassment and violence, frequently referred to as \"cyberbullying\". This overview canvasses the legal responses that have followed at the national, provincial and territorial level, including human rights, education, civil, administrative/regulatory and criminal law responses. It concludes that the complexity of the issues, as well as the underlying equality issues that are often at stake, necessitate a multi-pronged approach more heavily weighted in favour of human rights and educational responses.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"12 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123665227","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Incentives and Ethics in the Economics of Body Parts","authors":"N. Lacetera","doi":"10.2139/ssrn.2905069","DOIUrl":"https://doi.org/10.2139/ssrn.2905069","url":null,"abstract":"Research shows that properly devised economic incentives increase the supply of blood without hampering its safety; similar effects may be expected also for other body parts such as bone marrow and organs. These positive effects alone, however, do not necessarily justify the introduction of payments for supplying body parts; these activities concern contested commodities or repugnant transactions, i.e. societies may want to prevent certain ways to regulate a transaction even if they increased supply, because of ethical concerns. When transactions concern contested commodities, therefore, societies often face trade-offs between the efficiency-enhancing effects of trades mediated by a monetary price, and the moral opposition to the provision of these payments. In this essay, I first describe and discuss the current debate on the role of moral repugnance in controversial markets, with a focus on markets for organs, tissues, blood and plasma. I then report on recent studies focused on understanding the trade-offs that individuals face when forming their opinions about how a society should organize certain transactions.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132823878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Functional Interactions and Maritime Regulation: The Mutual Accommodation of Offshore Wind Farms and International Navigation and Shipping","authors":"A. Chircop, Peter L’Esperance","doi":"10.1163/22116001-03001017","DOIUrl":"https://doi.org/10.1163/22116001-03001017","url":null,"abstract":"There is growing interest in Europe and North America in locating wind farms in ocean space within national jurisdiction. For many States, wind is the renewable energy of choice in the search for alternatives to fossil fuels to meet emissions reductions targets established by international agreement on a large scale. Locating windfarms in the marine environment is attractive because of the availability of open spaces to accommodate extensive arrays capable of producing power on a large scale, ideal wind conditions and less likelihood of impacts that trigger public opposition, such as noise, lowering of property values and interference with landscape aesthetics.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122524705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"No Votes in Justice Means More Wrongful Convictions","authors":"Ken Chasse","doi":"10.2139/ssrn.2790625","DOIUrl":"https://doi.org/10.2139/ssrn.2790625","url":null,"abstract":"At the expense of justice, governments improve the cost-efficiency of the criminal justice system but thereby weaken the safeguards against wrongful convictions. Doing so makes more money available to be spent on more politically profitable areas because there are no votes to be gained by improving the system. As a result, the poor state of resources given the criminal justice system, increases the probability of wrongful convictions in these ways:1. Prosecutors’ method of plea bargaining changes so as to produce more guilty pleas which increases the probability of wrongful convictions. Such change is an attempt to counteract overcrowded and lengthening pre-trial custody in very bad jail conditions due to very inadequate government funding of such facilities.2. Procedural laws, such as those concerning the disclosure and admissibility of evidence, provide inadequate opportunity to challenge the reliability of evidence produced by complex technology.3. Therefore rules of procedure and practice always give way to, so as to compensate for, the lack of adequate resources, instead of holding firm to maintain the safeguards against wrongful convictions.4. The longer is pre-trial custody, the greater is the probability of a guilty plea, which increases the probability of wrongful convictions.5. The probability of wrongful convictions is increased by increasing numbers of defendants in the courts without lawyers, which is due to: (a) very poor government funding of legal aid programs; and, (b) law societies’ failure to attempt to solve the unaffordable legal services problem — the one aggravates the damage done by the other. And,6. The lack of coordination among: (1) governments; (2) the law of disclosure laid down by the courts; and, (3) law societies, is increasing the probability of wrongful convictions.The article begins with the author’s experiences as an Assistant Crown Attorney (a Crown prosecutor) in the criminal courts of Toronto, Canada, in 1966-1976. It deals with the changes since then in regard to, plea bargaining, disclosure to defence counsel, and the preliminary inquiry, and with Ontario’s grand jury until it was abolished in 1975.Several supporting articles are cited in regard to: (1) the use of electronic records technology to produce electronic records as evidence without regard to the serious, common defects in their: (a) software; and, (b) records management and control; and, (2) the access to justice issue that is the unaffordable legal services problem, which is clogging the courts with self-represented litigants, which greatly slows the processing of cases.This article contains history concerning, plea bargaining, disclosure, and the grand jury in Canada, that is not otherwise available.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121893133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Advantages and Disadvantages for Canada of Multilateral, Regional and Bilateral Trade Agreements","authors":"Dan Ciuriak","doi":"10.2139/SSRN.2734404","DOIUrl":"https://doi.org/10.2139/SSRN.2734404","url":null,"abstract":"Canada is at an historic juncture with regard to trade policy, deciding on ratification of the Canada-EU and Trans-Pacific Partnership agreements, having seen the multilateral option effectively removed at the WTO Ministerial at Nairobi in 2015, and facing constraints in making additional economic gains from serial bilateral agreements. The key issues facing Canada revolve around the rules regime and in particular the intellectual property rules promoted by the mega-regional agreements. This brief argues that Canada needs to do the math on the agreements, and to urgently fashion a trade and innovation regime to compete in the age of innovation.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127388470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Job One Is Jobs: Workers Need Better Policy Support and Stronger Skills","authors":"Craig Alexander","doi":"10.2139/SSRN.2727277","DOIUrl":"https://doi.org/10.2139/SSRN.2727277","url":null,"abstract":"Canada’s policy makers should focus on four priorities to spur growth in Canada’s economy, according to a new report from the C.D. Howe Institute. In “Job One is Jobs: Workers Need Better Policy Support and Stronger Skills,” author Craig Alexander outlines the key policy priorities that will reduce Canada’s labour market vulnerabilities.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133434118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}