Canadian Law eJournal最新文献

{"title":"The Legal Politics of Growth Attenuation","authors":"R. Malhotra, K. Neufeld","doi":"10.2139/ssrn.2240076","DOIUrl":"https://doi.org/10.2139/ssrn.2240076","url":null,"abstract":"In this article, we consider the implications of growth attenuation should it ever arise in the Canadian context. While parental autonomy to make crucial health care decisions and exercise control over minors is not a right that should be lightly dismissed, we argue that growth attenuation is entirely inappropriate and should never be regarded as ethically permissible for children. We ground our perspective in the social model of disablement which stands for the proposition that it is structural barriers that are chiefly responsible for the marginalization experienced by people with disabilities in every area of social life including employment, transportation, and housing. Critical disability theory applies the social model to new public policy problems and we regard our intervention as a modest attempt at rethinking a bioethical dilemma through the prism of critical disability theory. We do so through a review of the case law and through a consideration of relevant ethical principles, paying particular attention to the scholarship of Martha Nussbaum’s theories of equality for people with intellectual disabilities.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128843792","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":"Areas of Improvement of Finance Policy in the Process of Advancing of Upgrading the Territorial Economic Activity and Financial Capacity","authors":"G. Abuselidze","doi":"10.5539/ibr.v6n5p194","DOIUrl":"https://doi.org/10.5539/ibr.v6n5p194","url":null,"abstract":"On the current stage, an important direction towards completion fiscal regulation is to regionalise economic and social processes, decentralize an important part of state functions on the local authorities. Herewith, to finance the expenditure by attaching appropriate income sources which will strengthen the role of local finances and assist the prosperity of regional economy. At the contemporary stage local budgets country, its separate regions development one of the most powerful leverage. Without them it is impossible political stability as in whole country, as in its separate regions. Local budget funds, social infrastructure forming are one of the major sources. Developed countries local budgets, density spare of social expenditures are higher than the state budgets. Local budget expenditures, especially on social provision spent funds promote in society social conflict softening that in contemporary conditions of each county’s sustainable development stipulating factor.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121391272","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":"How the Charter Has Failed Non-Citizens in Canada – Reviewing Thirty Years of Supreme Court of Canada Jurisprudence","authors":"C. Dauvergne","doi":"10.7202/1018393AR","DOIUrl":"https://doi.org/10.7202/1018393AR","url":null,"abstract":"This article reviews the Supreme Court of Canada’s treatment of claims by non-citizens since the introduction of the Canadian Charter of Rights and Freedoms. While the early decisions in Singh and Andrews were strongly supportive of rights for non-citizens, the subsequent jurisprudence has been strikingly disappointing. This study shows that the decline in rights protections for non-citizens is a predictable consequence of some of the Court’s early interpretative positions about the Charter. This study considers all Supreme Court of Canada decisions in the thirty-year time frame. The analysis is rounded out by a consideration of cases that were not granted leave and cases that engage directly with an issue of non-citizens’ rights even where a non-citizen was not a party. The concluding section shows that non-citizens in Canada now have less access to rights protections than do non-citizens in some key comparator countries.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122621346","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":"Preventive and Repressive (Political and Legal) Measures for Curbing Corruption","authors":"Tatijana Ashtalkoska, Aleksandra Srbinovska-Doncevski","doi":"10.2139/ssrn.2221595","DOIUrl":"https://doi.org/10.2139/ssrn.2221595","url":null,"abstract":"In its broadest sense of the word, corruption refers to the fraudulent conduct and abuse of power in attaining personal interest. From a penal and legal perspective, however, it defines acts of bribery and unlawful intermediation. Hence, in curbing corruption, contemporary legislatures mainly choose two pathways-building strategies for preventive legal and political measures and penal repressive measures: raising public awareness, implementing a code of conduct at workplaces, abiding by the principles of transparency, increasing work efficiency and effectiveness, improving the executive, tax and penal regulations and practice, as well as designing penalties schemes and specific penal measures to prevent and deter the occurrence of this unlawful act. The starting point of this paper is the following thesis: adopting repression as the sole answer to corruption results only in elimination of the predicaments in individual cases, while the reasons, motives and circumstances leading to corruption remain untackled. Reflecting global trends in pursuing an effective preventive action against corruption, research indicates that curbing corruption should first and foremost be based on prevention, disclosing the reasons and circumstances leading to corruption, as well as their eradication, and resorting to repression merely as a corrective measure to be applied in individual cases.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124076060","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":"Canada's Foreign Policy on Nuclear Technology Development and Proliferation","authors":"Mark Thomas Resmini","doi":"10.2139/ssrn.2601499","DOIUrl":"https://doi.org/10.2139/ssrn.2601499","url":null,"abstract":"Canada has followed an ambiguous path with respect to its policy on nuclear weapons as a result of maintaining a Nuclear Division within its Foreign Affairs Department – which promotes disarmament and non-proliferation – while simultaneously, selling nuclear technology, such as that produced by Candu Energy Inc., that might be used for weapons production. There is a need to understand the rationale for this approach to Canada’s foreign policy on disarmament and non-proliferation and for why Canada continues to support the Nuclear Non-Proliferation Treaty (NPT). This major research paper analyzes whether a contradiction between policy and action exists, and what approach best explains the presence or absence of a contradiction. The central argument is that Canada’s foreign policy framework is based in a realist position, wherein Canada’s successive leaders have recognized the inherent risk in being geographically situated next to a hegemon. No political contradiction between Canada’s economic interests and the country’s ongoing support for the NPT was observed, predominantly due to its requirements to meet its own economic obligations in a changing world, and to ensure that its foreign policies are aligned with those of the North Atlantic Treaty Organization (NATO). A unique Canadian strategic vision was identified, in that, the country is able to subsume its own identity in order to support the identities of other nations as the government of Canada has seen fit. Presently, it serves Canada well to maintain its staunch position on disarmament and non-proliferation, as it can and does rely heavily on the deterrence factor of the American armament.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127805163","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":"The Troubling Case of Proxy Advisors: Some Policy Recommendations","authors":"Yvan Allaire","doi":"10.2139/SSRN.2282617","DOIUrl":"https://doi.org/10.2139/SSRN.2282617","url":null,"abstract":"The changing times created a business opportunity. As institutional investors and fund managers came to collectively own a large majority of all shares in circulation, their fiduciary obligation, or duty to vote their proxies created a logistical problem.Proxy advisors, firms specializing in analyzing the information and issuing voting recommendations to their clients, institutional investors and fund managers of all stripes, came about to tap into this market niche.The outcome was somewhat unexpected. Proxy advisors now stand in a bully pulpit from which to harangue corporate management and boards of directors on all matters of governance and compensation; neither investors, nor investment advisers, they enjoy a franchise to \"make recommendations\" to investors on how to discharge their fiduciary responsibility as shareholders.Their influence has grown in spite of repeated criticism of their performance, because investors seemed to find these \"advisors\" useful in discharging what could be an onerous responsibility. Neither regulated, nor supervised, proxy advisers rely on a business model that makes it virtually impossible for them to handle with care and responsiveness the sheer volume of reports they have to produce in a very short period of time. In the case of ISS, the firm is also vulnerable to conflicts of interests.Their role in defining what is proper governance, what is an effective board and how should executives be compensated gives them an undue, unhealthy influence on the functioning of private corporations.Eventually, the chorus of critics got the attention of the securities regulators in the USA, in Canada, in France, which set up consultation processes to determine what, if anything should be done.The litany of issues raised about proxy advisors is troublesome:• Lack of transparency as to the process by which they arrive at formulating their recommendations;• Inaccuracies in their analysis and unresponsiveness to corporate demands for corrections;• Conflicts of interest, in particular for ISS, by their offering of several services to the samecorporations which are the subject of their proxy recommendations;• More subtle criticisms focus on their definition of good governance and the lack of (or very weak) empirical evidence that their kind of governance has any influence on the performance of companies;• Proxy advisors have a vested interest in raising the bar of good governance from year to year to justify their continued employment;• The influence of proxy advisers on corporate governance makes some, many, boards of directors overly preoccupied with ensuring favorable recommendations from proxy advisers, by taking pre-emptive steps to ensure that their policies on governance and executive pay will not trigger a negative score when fed into the proxy advisers’ standardized algorithm; their business model is problematic. Because their clients, institutional investors, collectively own shares in all publicly listed companies, they ","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"163 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134130906","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":"Access Denied: A Review and Critique of the Patented Medicines (Notice of Compliance) Regulations","authors":"Mohamed R. Hashim","doi":"10.2139/ssrn.2196069","DOIUrl":"https://doi.org/10.2139/ssrn.2196069","url":null,"abstract":"In Canada, proceedings brought under the Patented Medicines (Notice of Compliance) Regulations are among the most contentious. At stake is a pharmaceutical company's ability to enter a drug onto the market.Applications under the PMNOC regime involve an innovator, or brand, company pitted against a generic drug-making company, wherein the brand company seeks to prohibit the generic from releasing a generic drug until the expiry of listed patents.In practice, the Regulations create many obstacles for the release of generic drugs. This paper reviews the provisions and critically evaluates the process of obtaining approval to release a generic drug. It is submitted, the PMNOC Regulations do not provide ideal conditions for efficient patent litigation. The provisions create undesirable litigation practices and ultimately result in a loss for the Canadian people.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127969514","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":"Supreme Court of Canada Rules that a Musical Work Within a Video Game Downloaded from the Internet Does Not Attract Additional Royalties","authors":"Dr. Emir Crowne","doi":"10.2139/SSRN.2115358","DOIUrl":"https://doi.org/10.2139/SSRN.2115358","url":null,"abstract":"In Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 34, a majority of the Supreme Court of Canada ruled that a musical work within a video game downloaded from the Internet does not attract additional royalties.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126501172","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":"VAT in a Federal System: Lessons from Canada","authors":"R. Bird, M. Smart","doi":"10.1111/pbaf.12052","DOIUrl":"https://doi.org/10.1111/pbaf.12052","url":null,"abstract":"For many years it has been argued that the value‐added tax (VAT) is neither desirable nor feasible as a subnational tax. At the same time, the existence of state retail sales taxes (RSTs) has been seen by some to be a major obstacle to introducing a federal VAT in the United States. Canada has demonstrated that both these barriers can be overcome. A federal VAT can work well regardless how (or if) states tax sales. In addition, a federal VAT may make it more feasible for states, if they wish, to introduce their own VATs.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126568366","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":"Learning to Play by the Disclosure Rules: Accuracy of Insider Reports in Canada, 1996-2010","authors":"Lindsay M. Tedds, Ryan A. Compton, Christopher C. Nicholls, Daniel Sandler, Caitlin C. Morrison","doi":"10.2139/SSRN.2098001","DOIUrl":"https://doi.org/10.2139/SSRN.2098001","url":null,"abstract":"Insiders of Canadian reporting issuers are required to file public reports when they acquire, buy, or sell securities of that reporting issuer. These public reports must be filed using a prescribed form and must be filed within a specific time frame. Failure to file these public reports or filing with inaccurate information constitutes an offence under securities law. The two main objectives served by these reporting rules are: (1) primarily as a regulatory tool to detect or prevent the improper use of undisclosed information by insiders; and (2) to increase market efficiency by providing investors with information concerning the trading activities of an issuer. These objectives are dependent on compliance with the rules, yet no information regarding compliance exists. To investigate compliance a secondary source of information to verify the information provided in public reports must exist. In Canada, the CEO and the top four highest paid executives must report detailed information regarding their compensation, including stock option awards, in the annual report to shareholders. We collect information on stock option grants for these individuals for a sample of Canadian public companies for the period 2003-2011 and compare this information to that provided in the public reports. We find that while the majority of executives properly and accurately file public reports, a significant minority fail to file or file inaccurate information. We consider the consequences of this finding and suggest ways to improve the quality of insider reporting in Canada.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126317131","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}