In our first column in this series, I introduced the basic alternatives to resolving family law disputes in court – negotiation, mediation and arbitration – and talked about some of the surprising research on lawyers’ views about litigation. In the second column, Sarah Dargatz wrote about collaborative negotiation, a cooperative kind of negotiation in which […]
Human Rights and Extradition
March 5, 2019 By Linda McKay-Panos
Recently, extradition has been front and centre in our news cycle (see: CBC, January 22, 2019 “China accuses U.S., Canada of abusing extradition in Huawei case”). There are very important human rights aspects to the process of extradition. These are critical to our democracy and the rule of law. For example, if another nation involved […]
Important Concepts in Environmental Law – “Polluter Pays”
March 5, 2019 By Jeff Surtees
Your parents may have told you: “If you make a mess, you have to clean it up.” In a nutshell, that is the basis of the “polluter pays” principle. There is a lot wrapped up inside the simple principle of polluter pays. The roots of the principle come from economics rather than from environmentalism. The […]
Convicted on Sexism: How does sexist reasoning in favour of the complainant work in today’s #metoo culture?
March 5, 2019 By Melody Izadi
In R. v. J.L. 2018 ONCA 756, The Ontario Court of Appeal allowed the appeal of an accused who was convicted of sexual assault. The trial judge convicted the accused because he felt that the complainant would not engage in the acts as described by the accused because she was a young woman. The alleged […]
Charities’ Political Activities Question Quieted, If Not Fully Resolved
March 5, 2019 By Peter Broder
The long tumult over registered charities’ role in public policy debate appears on the cusp of being resolved, or at least being significantly quieted, in the wake of three recent developments. First, in December, the federal government enacted legislation to amend the Income Tax Act (ITA) in response to a July 2018 Ontario Superior Court […]
