LSN: Canadian Law - Public Law (Topic)最新文献_第3页

Family Conflict Management And Family Dispute Resolution on Marriage Breakdown and Divorce: Diverse Options 婚姻破裂与离婚的家庭冲突管理与家庭纠纷解决:多种选择

LSN: Canadian Law - Public Law (Topic) Pub Date : 2010-06-29 DOI: 10.7202/1027763ar

J. D. Payne

{"title":"Family Conflict Management And Family Dispute Resolution on Marriage Breakdown and Divorce: Diverse Options","authors":"J. D. Payne","doi":"10.7202/1027763ar","DOIUrl":"https://doi.org/10.7202/1027763ar","url":null,"abstract":"Family law is only one piece of the puzzle as separating and divorcing couples attempt to manage the conflict and deal with the practical problems arising on marriage breakdown. Divorce is a process, not an event. It is multi-faceted. The emotional dynamics of marriage breakdown may require a time consuming therapeutic response but parenting and economic arrangements must be resolved expeditiously. There is a tendency to assume that spouses who are locked in conflict will find themselves in court. In reality, fewer than four per cent of divorces proceed to trial. The costs of litigation are far too high, both financially and emotionally. Most disputes are resolved by negotiation, often with the assistance of lawyers. If negotiations are to bear fruit at a manageable cost to family members, hard bargaining that reflects \"a winner take all\" mentality must be avoided; principled negotiation, as espoused by Roger Fisher, William Ury and Bruce Patton in Getting To Yes, can generate optimal results for all interested parties, including the children. Recent years have witnessed the growth of mediation, whereby a neutral third party assists family members in searching for consensus on matters in dispute. The mediator controls the process but the family members control the substantive outcome of their deliberations. Mediation is nothing more than structured negotiation where a third party facilitates resolution of the dispute. If a final settlement cannot be reached, one possible option is recourse to private arbitration in which a third party is given the authority to determine the respective rights and obligations of the spouses and their children. It is possible to combine the aforementioned processes for the purpose of reaching a complete settlement of matters in dispute. These processes are complementary to the judicial process and should be closely examined by all families faced by the cataclysmic disruption generated by a failed marriage.","PeriodicalId":370614,"journal":{"name":"LSN: Canadian Law - Public Law (Topic)","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130624203","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}

引用次数: 0

Canada, the United Nations Human Rights Council, and Universal Periodic Review 加拿大、联合国人权理事会和普遍定期审议

LSN: Canadian Law - Public Law (Topic) Pub Date : 2009-11-15 DOI: 10.21991/c9737t

J. Harrington

{"title":"Canada, the United Nations Human Rights Council, and Universal Periodic Review","authors":"J. Harrington","doi":"10.21991/c9737t","DOIUrl":"https://doi.org/10.21991/c9737t","url":null,"abstract":"In 2006, a new United Nations (UN) Human Rights Council came into existence, replacing the former UN Commission on Human Rights with a restructured body for the promotion of fundamental rights and freedoms. Heralded as a turning point for human rights within the UN system, the new forty-seven-member Council is intended to operate with a renewed emphasis on fairness, objectivity, and transparency. To help achieve these goals, the Council has developed a new mechanism for monitoring the human rights performance of all states, which it has labeled Universal Periodic Review (UPR). Under UPR, the human rights record of all 192 UN member states will be reviewed and assessed every four years through a process of written reports and interstate dialogue that examines a state’s domestic human rights law and policies, including its constitutional protections. Canada underwent its first UPR review in February 2009, while serving as a member of the Council from 2006-2009. The aim of this article is to provide an assessment of the UPR mechanism through an examination of Canada’s recent experience. An overview of the Council’s creation in 2006 is also provided, as well as the details of the Council’s mandate and functions, including the rules governing the UPR process.","PeriodicalId":370614,"journal":{"name":"LSN: Canadian Law - Public Law (Topic)","volume":"18 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134283737","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}

引用次数: 6

Charter Decisions in the McLachlin Era: Consensus and Ideology at the Supreme Court of Canada McLachlin时代的宪章判决:加拿大最高法院的共识与意识形态

LSN: Canadian Law - Public Law (Topic) Pub Date : 2009-01-01 DOI: 10.60082/2563-8505.1185

B. Alarie, A. Green

{"title":"Charter Decisions in the McLachlin Era: Consensus and Ideology at the Supreme Court of Canada","authors":"B. Alarie, A. Green","doi":"10.60082/2563-8505.1185","DOIUrl":"https://doi.org/10.60082/2563-8505.1185","url":null,"abstract":"This paper examines how justices on the Supreme Court of Canada voted in Charter appeals between 2000 and 2009. Charter appeals, at least in popular belief (and possibly also in theory), have the greatest potential to reveal voting that is influenced by extra-legal policy preferences. Confining the analysis to the time during which Chief Justice McLachlin has led the Court aids in controlling for the effects of a particular Chief Justice in assessing the roles of ideology and consensus. Several of the Court's members have exhibited sharply different voting proclivities in s.15 (equality rights) appeals as compared with Charter claims made in the context of criminal law appeals (and, indeed, other Charter appeals). This finding suggests that at least some of the justices on the Court have been influenced by policy preferences on at least some occasions in discrete areas of Charter rights adjudication. On the other hand, it also suggests that judicial policy preferences are richer and significantly more nuanced than can adequately be captured by a simple \"right\"-\"left\" or \"conservative\"-\"liberal\" characterization of these policy preferences. The paper discusses a number of implications of the analysis and findings.","PeriodicalId":370614,"journal":{"name":"LSN: Canadian Law - Public Law (Topic)","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114511967","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}

引用次数: 6

Of Mice and Men: God and the Canadian Supreme Court 《人鼠之间:上帝与加拿大最高法院

LSN: Canadian Law - Public Law (Topic) Pub Date : 2008-02-26 DOI: 10.1111/j.1467-9337.2007.00385.x

M. Glouberman

引用次数: 0

The Languages of Constitutional Dialogue 宪法对话的语言

LSN: Canadian Law - Public Law (Topic) Pub Date : 2007-01-23 DOI: 10.2139/ssrn.1012892

M. Palmer

引用次数: 0

The Potential Demise of Another Natural Monopoly: New Technologies and the Administration of Performing Rights 另一种自然垄断的潜在消亡:新技术与表演权管理

LSN: Canadian Law - Public Law (Topic) Pub Date : 2006-06-01 DOI: 10.1093/JOCLEC/NHL010

Ariel Katz

引用次数: 32

'The Last Line of Defence for [Which?] Citizens': Accountability, Equality, and the Right to Health in Chaoulli 《最后一道防线:哪个?》公民:问责制、平等与健康权利

LSN: Canadian Law - Public Law (Topic) Pub Date : 2006-04-01 DOI: 10.60082/2817-5069.1301

M. Jackman

引用次数: 16

The Implications of Section 7 of the Charter for Health Care Spending in Canada 《加拿大卫生保健开支宪章》第7节的影响

LSN: Canadian Law - Public Law (Topic) Pub Date : 2002-10-01 DOI: 10.2139/ssrn.2305823

M. Jackman

{"title":"The Implications of Section 7 of the Charter for Health Care Spending in Canada","authors":"M. Jackman","doi":"10.2139/ssrn.2305823","DOIUrl":"https://doi.org/10.2139/ssrn.2305823","url":null,"abstract":"La version francaise de cet article peut etre consultee a: http://ssrn.com/abstract=2304544 This paper address three questions relating to section 7 of the Canadian Charter in the health care context: whether section 7 guarantees a right to refuse unwanted health care; whether it establishes a right to receive care; and whether it guarantees the right to provide health care services. The implications of the section 7 requirement that deprivations of life, liberty or security of the person must be “in conformity with the principles of fundamental justice” is also considered. In the individual treatment setting, principles of fundamental justice can be met by ensuring that patients participate fully in decisions about their own care. In the policy and regulatory setting, fundamental justice can be met by ensuring that decisions relating to health care services are publicly debated before implementation. To ensure meaningful participation at the individual level, health care providers may need to spend more time with patients. At the institutional level, increased accountability of decision-making may also be more time-consuming and therefore more costly. However, such expenditures are likely to be outweighed by the savings achieved through more effective health care decisions.","PeriodicalId":370614,"journal":{"name":"LSN: Canadian Law - Public Law (Topic)","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124258845","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}

引用次数: 7

Constitutional Remedies as "Constitutional Hints": A Comment on R. V. Schachter 作为“宪法暗示”的宪法救济:评r.v. Schachter

LSN: Canadian Law - Public Law (Topic) Pub Date : 1991-08-10 DOI: 10.2139/ssrn.1215198

Kent Roach, Nitya Duclos

{"title":"Constitutional Remedies as \"Constitutional Hints\": A Comment on R. V. Schachter","authors":"Kent Roach, Nitya Duclos","doi":"10.2139/ssrn.1215198","DOIUrl":"https://doi.org/10.2139/ssrn.1215198","url":null,"abstract":"Recent Canadian Charter of Rights and Freedoms cases including R. v. Schachter, A.G. Nova Scotia v. Phillips, R. v. Hebb and R. v. Morgentaler in which courts have made controversial remedial choices are examined. The authors argue that the choice of whether to extend or nullify an unconstitutionally underinclusive statute cannot be deduced either from the conclusion that the statute is underinclusive or from constitutional provisions such as sections 24(1) and 26 of the Charter and 52(1) of the Constitution Act, 1982. In difficult remedial cases, courts must exercise remedial discretion. Three current approaches include: courts always striking out underinclusive legislation, courts ordering the remedy the legislature would have wanted and courts ordering the least disruptive remedy. The authors reject the first approach because it erroneously dictates invalidation as the only remedial choice when that conclusion cannot be defended on textual, functional or procedural grounds. They reject the latter two approaches because they force courts to speculate on matters best left to legislatures. The authors suggest that any satisfactory approach to the exercise of remedial discretion should attempt to avoid regressive outcomes and not to supplant the political process. One such approach, they argue, is to have courts look to the values and purposes that they see in the Constitution for \"hints\" about how to exercise remedial discretion. Parts of the Constitution that protect the disadvantaged, such as s.15 of the Charter, are important sources for progressive \"constitutional hints.\" The \"constitutional hints\" approach allows the courts to defend one remedial choice over another as preferred, but not necessarily required, by their interpretation of the Constitution. In turn, legislatures may opt not to \"take the hint\" and move to amend the court's remedy.","PeriodicalId":370614,"journal":{"name":"LSN: Canadian Law - Public Law (Topic)","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1991-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115495874","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}

引用次数: 13

Foreign Commerce Regulation Under the Interstate Commerce Act 根据州际贸易法的对外贸易管理

LSN: Canadian Law - Public Law (Topic) Pub Date : 1977-02-18 DOI: 10.2139/SSRN.2734244

P. Dempsey

引用次数: 0