{"title":"Critical Condition: A Historian's Prognosis on Canada's Aging Healthcare System","authors":"M. Bliss","doi":"10.2139/ssrn.1721097","DOIUrl":"https://doi.org/10.2139/ssrn.1721097","url":null,"abstract":"Reforms to reduce the fiscal burden of Canada’s public healthcare costs should preserve the core value of equal access, while evolving away from universality. Michael Bliss, Professor Emeritus of the University of Toronto, reviews the history of Canada’s healthcare system and draws lessons for future reforms.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-11-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125696575","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":"Benchmarking Canada’s Global Competitiveness Initiatives: How Canadian Economic Policy Compares to the German and United Kingdom Models","authors":"John M. Curtis, Dan Ciuriak","doi":"10.2139/SSRN.1969080","DOIUrl":"https://doi.org/10.2139/SSRN.1969080","url":null,"abstract":"This monograph evaluates the effectiveness of Canada’s policies aimed at promoting the global competitiveness of its industries in light of policies with comparable aims adopted in two other leading industrialized nations, the United Kingdom and Germany. The concept of national competitiveness is reviewed against the background of modern trade theory and the emerging industrial framework of globally fragmented production. The conceptual framework for benchmarking public policies is reviewed, including the frameworks developed by the World Economic Forum, the Institute for Management Development (IMD) and the Conference Board of Canada. The experiences and policy frameworks of Canada are compared to those of Germany and the United Kingdom, and areas are suggested where Canada might benefit from drawing on relevant experience in these countries.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133508989","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":"Does Listening to Music Excerpts Online Amount to Fair Dealing?","authors":"Dr. Emir Crowne, Yonatan Rozenszajn","doi":"10.1093/JIPLP/JPQ089","DOIUrl":"https://doi.org/10.1093/JIPLP/JPQ089","url":null,"abstract":"In Canada, the Federal Court of Appeal agrees with the Copyright Board that the fair dealing exception relating to ‘research’ is broad enough to cover 30-second ‘previews’ of songs online.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130764804","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":"Instream Flow and Athabasca Oil Sands Development: Contracting Out/Waiver of Legal Water Rights to Protect Instream Flow -- a Legal Analysis","authors":"Arlene J. Kwasniak","doi":"10.29173/ALR162","DOIUrl":"https://doi.org/10.29173/ALR162","url":null,"abstract":"As Alberta Athabasca oil sands development increases, so do the oil sands industry's water requirements from the Athabasca River. In an attempt to address the competing interests of industry's needs and maintain sufficient instream flow in the River to support aquatic ecological needs, Alberta Environment and the federal Department of Fisheries and Oceans developed a Water Management Framework designed to identify and protect instream flow requirements. This article examines the Framework's interaction with legal rights, particularly in the context of licences granted under Alberta water rights legislation. The article raises and analyzes issues concerning the enforceability of the Framework as either a contracting out or waiver of legal rights. As well it considers the effectiveness of the industry agreement made in connection with the Framework. Finally, the article discusses alternative possibilities for reconciling industry's water needs with the protection of the aquatic environment.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"130 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116044820","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":"Rethinking the Sex Discrimination Act - Does Canada’s Experience Suggest We Should Give Our Judges a Greater Role?","authors":"Belinda Smith","doi":"10.22459/SDUT.09.2010.10","DOIUrl":"https://doi.org/10.22459/SDUT.09.2010.10","url":null,"abstract":"It is not uncommon to hear laments about how Australian judges have failed to progress or even undermined gender equality by providing conservative or technical interpretations of anti-discrimination legislation and reinforcing merely a formal notion of equality. However, a comparison of Australian and Canadian anti-discrimination statutes suggests that the way in which Australian anti-discrimination laws have been drafted both reflects and possibly reinforces a very limited role for our judiciary in mediating value conflicts and addressing complex social problems such as inequality. The open textured drafting style of Canadian human rights statutes and the advent of the Charter have given the Canadian courts the power and legitimacy to develop more interesting and effective approaches to equality and discrimination than judges in Australia who have highly prescriptive legislation that reflects and reinforces a strict separation of powers and narrow judicial role. This raises the question: Should we give our judges a greater role?","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132113964","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":"Subordination Agreements, Bankruptcy and the PPSA","authors":"R. Wood","doi":"10.7939/R3GF0N98F","DOIUrl":"https://doi.org/10.7939/R3GF0N98F","url":null,"abstract":"Although subordination agreements are widely used, they are less comprehensively understood. In order to devise a workable framework for analyzing the legal issues associated with them, a fundamental distinction must be drawn between debt subordination and security interest subordination. In order to resolve questions concerning the characterization of subordination as security interests, the effect of bankruptcy of the junior or subordinating creditor, and the effect of assignments or consecutive subordinations, it is necessary to determine if the agreement creates a real right or a personal right. A promise not to assert a claim or a promise to pay a creditor an equivalent amount to that received creates only a personal right. This will not give the recipient a proprietary right that can be asserted against the junior or subordinating creditor’s trustee in bankruptcy or against a subsequent assignee. But if the subordination agreement transfers the junior or subordinating creditor’s claim to the recipient, it creates a proprietary right and must be perfected under the PPSA in order to be effective against the junior or subordinating creditor’s trustee in bankruptcy or a subsequent assignee.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129977796","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":"Grand Juries and ‘Proper Authorities’: Low Law, Soft Law and Local Governance in Canada West/Ontario, 1850-1880","authors":"M. Stokes","doi":"10.3138/9781442670051-014","DOIUrl":"https://doi.org/10.3138/9781442670051-014","url":null,"abstract":"Much of the ‘old regime’ of local law and governance in Canada West/Ontario changed drastically in the mid nineteenth century. The Municipal Act of 1849 set out an seemingly comprehensive and ostensibly democratic legal framework for local government throughout the province. Yet the practice of grand jury presentments on matters of local governance, an established feature of colonial administration, unauthorized and indeed unmentioned by the municipal legislation, continued to flourish. In this paper I inquire into the survival of the grand jury’s role in local governance during the period 1850-1880. I argue that grand jury presentments on issues relating to local affairs can be seen as a soft law version of low law administration. Without any mechanism of enforcement or explicit legitimacy, grand juries appear to have been at least as effective as the new provincial inspectorate in influencing the elected polity in the municipal jurisdiction of the United Counties of Leeds and Grenville.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129297133","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":"Public and Elite Policy Preferences: Gay Marriage in Canada","authors":"D. Pettinicchio","doi":"10.7202/1002175AR","DOIUrl":"https://doi.org/10.7202/1002175AR","url":null,"abstract":"This paper explores the role of parties, interest groups and public opinion in the enactment of ‘controversial’ social policy particularly when the issue is salient with political elites, but not salient with the public. The author analyses party documents, interest group testimony, media statements and public opinion data. He finds that political elites in Canada facilitated the legalisation of gay marriage while anti-gay marriage politicians and interest groups were unable to reframe gay marriage so as to benefit their cause. While political elites engaged in an ongoing discourse, Canadians remained divided on same-sex marriage but also uninterested in the issue. This paper also discusses the key differences surrounding the legalization of same-sex marriage between the United States and Canada.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115129317","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":"Re-Visiting Meltsner: Policy Advice Systems and the Multi-Dimensional Nature of Professional Policy Analysis","authors":"Michael Howlett, A. Wellstead","doi":"10.2139/ssrn.1546251","DOIUrl":"https://doi.org/10.2139/ssrn.1546251","url":null,"abstract":"Over thirty-years ago Meltsner (1976) observed in the case of the U.S. that analysts undertook a number of roles in the policy-making process, most of which did not involve neutral technical information processing. Contrary to the picture of carefully-recruited analysts trained in policy schools to undertake specific types of micro-economic-inspired policy analysis, investigators have continued to find little evidence of a predominance of ‘technicians’ employed in public policy bureaucracies. Page and Jenkins (2005) and Fleischer (2009) for example provided some empirical evidence that British and German policy-making typically features a group of ‘policy process generalists’ who rarely, if ever, deal with policy matters in the substantive areas in which they were trained and who had, in fact, very little training in formal policy analysis techniques such as cost-benefit analysis or risk assessment. However only very weak and partial, usually anecdotal, information exists on the situation found in most countries (Colebatch and Radin 2006) and taxonomies as a result remain thought-provoking but lacking empirical referents (see for example, Mayer, Bots and van Daalen 2004). This paper draws on a large-scale survey of provincial and territorial policy analysts in Canada to re-examine the duties and nature of professional policy analysts and analysis and reveals a complex and multi-sided set of practices which constitute contemporary policy work.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125375901","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":"Producer Guidelines for Canadian Content Tax Credits","authors":"Raluca David","doi":"10.2139/SSRN.1554046","DOIUrl":"https://doi.org/10.2139/SSRN.1554046","url":null,"abstract":"The government of Canada provides financial support for a movie filmed in Canada but it provides even greater tax incentives if the movie qualifies as a Canadian content production. Canadian content for tax credit purposes is regulated by the Canadian Audio-Visual Certification Office (CAVCO), a branch of the Department of Canadian Heritage and the Canada Revenue Agency (CRA), who jointly administer the Canadian Film or Video Production Tax Credit Program (CPTC) and the Film or Video Production Services Tax Credit Program (PSTC). Only one of these tax credits may be claimed for a particular production. Canadian content for broadcast purposes is regulated by the Canadian Radio-television and Telecommunications Commission (CRTC). The Canadian Film and Television Production Association (CFTPA) reviews the government guidelines and provides advice on topics regarding the film and television industry. The CPTC Guidelines set out the requirements for qualifying for Canadian content tax credits for films. The focus of this essay is on Appendix I of the CPTC Guidelines, the CAVCO Producer Control Guidelines, and specifically the requirement that the Canadian producer have 100% copyright ownership for at least 25 years. The three issues arising from this requirement are less investment opportunities for producers, an incongruity between CAVCO and CRTC guidelines and government goals. Finally, the first two problems are the result of the CAVCO Producer Control Guidelines not only being very strict but also being just a formality. I argue that 100% copyright ownership should not be a requirement of qualifying for Canadian content tax credits for films, or that the 25-year condition should be lowered, or both.","PeriodicalId":243835,"journal":{"name":"Canadian Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132012985","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}