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ISSN: 0710-0841    frecuency : 4   format : Electrónica

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Volume 30 Number 2 Year 2012

13 articles in this issue 

Jane Caruana, Vince Morabito

Ten months before Ontario became the first Canadian common law province to authorise American-style class actions, class actions became available in the Federal Court of Australia. In these two countries and in the United States, the named plaintiffs, com... see more

Pags. 1 - 38  

Peter McCormick

Since the 1970s, the appointment of trial judges in Canada has generally involved an arms-length committee of professionals, although the structure of these committees and their role in the process has varied from province to province, as well as evolving... see more

Pags. 39 - 58  

Brenna Bhandar

In this article the author considers the meaning of a legal strategy of rupture, and the possibilities that such a strategy holds for anti-colonial and anti-capitalist political resistance. The strategy of rupture, developed by advocate Jacques Vergès, an... see more

Pags. 59 - 78  

Bruce Ziff, Ken Jiang

Restrictive covenants running with freehold land are sometimes used as a means of impeding commercial competition. For example, when a firm elects to relocate a retail operation and sell the existing site, a covenant may be placed on the title to that sit... see more

Pags. 79 - 101  

Debbie De Girolamo

This paper explores mediator interactions from within the mediation process. It is difficult to obtain access to mediations due to issues of confidentiality and litigation privilege, thus restricting direct empirical research. During a yearlong ethnograph... see more

Pags. 103 - 128  

Peter Sankoff

The Supreme Court of Canada recently denied leave to appeal in Reece v. Edmonton (City), a 2-1 decision of the Alberta Court of Appeal, which focused on the right of private parties to seek judicial intervention on behalf of animals. In this article, the ... see more

Pags. 129 - 136  

Kirsten Manley-Casimir

In this paper, the author argues that the non-Indigenous legal system has historically exerted and continues to exert violence on Indigenous legal traditions by insisting that its interpretation of law is authoritative and excluding alternative interpreta... see more

Pags. 137 - 161  

Sophia Sperdakos

This article considers the history of the Reading Law Club, which Toronto’s Jewish lawyers established in 1947 in response to the exclusion of Jews from membership in the Lawyers Club of Toronto. It also discusses the Lady Reading Club, an association of ... see more

Pags. 163 - 197  

J.L. Savarese

Following the attacks on September 11, 2001, biased surveillance and discriminatory law enforcement approaches gained momentum. In 2003, Reem Bahdi published “No Exit: Racial Profiling and Canada?s War Against Terrorism.” She analyzed the influence that t... see more

Pags. 199 - 224  

Jeremy Tatum

Attorney Generals and Crown prosecutors are endowed with a constitutionally protected role and the quasi-judicial responsibility of handling criminal prosecutions on behalf of the Crown. This includes deciding whether to bring the prosecution of a charge ... see more

Pags. 225 - 246  

Alana Klein

Health resource distribution in Canada has been criticized for being opaque and increasingly inequitable, with its disproportionate emphasis on curative over preventive care. Yet there has been relatively little scrutiny of priority-setting in publicly fu... see more

Pags. 247 - 287  

Erika Chamberlain

Rapid climate change in the arctic is threatening the life, health and cultural traditions of the Inuit. Although they are among the least responsible for climate change, they are suffering disproportionately from its negative effects. In particular, the ... see more

Pags. 289 - 318