separation of powers article

Canada Law Articles in English - (February 29, 2008)

Environmental, Energy & Resources Law - February, 2008

Willms & Shier Environmental Lawyers LLP

...Waste Regulations Revived 103/94 (Industrial, Commercial and Institutional Source Separation Programs) when the two were promulgated under ...... About 40 per cent of the companies inspected were source separating many or even all of the materials prescribed in the Source Separation Programs, but very few had completed the formal ...

Canada Law Articles in English - (February 13, 2008)

Commissioner Swallows Defeat In Beer Battle

Mr Shawn Neylan - Stikeman Elliott LLP

... (there was no issue of the potentially messy separation of parts of the business should a remedy be ...... The Commissioner's application was deficient in this key regard - it failed to establish to the Tribunal's satisfaction that, without an interim order, the Tribunal's remedial powers would be substantially impaired. The Court ...

University of Toronto Faculty of Law Review - Vol. 66 Nbr. 1, January 2008

The Supreme Court of Canada's approach to the recovery of ultra vires taxes: at the border of private and public law.

... HISLOP V CONCLUSION: THE RESTITUTION OF ULTRA VIRES TAXES GOING FORWARD Abstract This article explores the Supreme Court of Canada's approach ...... The article argues that in Kingstreet, the Supreme Court ...

Canada Law Articles in English - (November 24, 2009)

Increase In Climate Change Litigation In U.S. Courts Could Spill Over Into Canada

Mr Jack Coop and Daniel Kirby - Osler, Hoskin & Harcourt LLP

... "Political Questions": Justiciability In the United States, the "political question" doctrine of justiciability is intended to restrain the judiciary from trespassing on the powers reserved for other branches of government. It ...

Canada Law Articles in English - (October 14, 2009)

Energy Update - Oct 2009

Bennett Jones LLP

... This separation of jurisdiction between the levels of government,...... The content of this article is intended to provide a general guide to the ...

Canadian Journal of Family Law - Vol. 24 Nbr. 2, July 2008

'A Delicate Necessity': Bruker V. Marcovitz and the Problem of Jewish Divorce

In this article, we outline the case history starting with the decisions of the Quebec Superior Court and Court of Appeal, explain the questions that the majority and minority asked themselves in the Supreme Court of Canada, and conclude by analyzing that Court's decision and its implications for Jewish spouses and spouses of other religious minorities going through the divorce process. "15 This is also the theory behind Jewish divorce, and in the "vast majority"16 of cases, a get is freely ...

Canadian Journal of Family Law - Vol. 21 Nbr. 1, July 2004

Judicial Redefinition of Marriage

Judicial alteration of the meaning of civil marriage from union of a man and woman to the union of any two persons raises a number of legal issues not raised by legislative redefinition; these are separation-of-powers issues centered in notions of the proper scope and role of judicial review, creation of standards to guide judicial application of broad and open-ended constitutional guarantees like equality, liberty, and dignity, judicial deference to the political branches, and the like. Here...

University of New Brunswick Law Journal - Nbr. 55, January 2006

The regulation of tidal energy development off Nova Scotia: navigating foggy waters.

... The following article seeks to make the case for principled governance ...... The article therefore considers issues related to the ...... Within this overall context, Part 6 of the article then offers some preliminary thoughts on the ...

Canadian Journal of Criminology and Criminal Justice - Vol. 48 Nbr. 5, September 2006

Governmentality, critical criminology, and the absent norm.

... (1) Toward an analysis of the relationship between critical criminology and Foucault-based "governmentality," this article proceeds with a brief examination of the ...... 2 Whose side are "we" on? In his 1963 article "Whose Side are We On?" Howard Becker took the ...