Category: Commentary

New issues of the following journals are now available through WestlawNext Canada and Lexis Advance Quicklaw.
For members of the Law Society of Manitoba, if you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

From WestLawNext Canada:

Canadian Journal of Administrative Law and Practice, Vol. 33

• Waiting for Godot: Canadian Administrative Law in 2019
• Undoing Doré: Judicial Resistance in Canadian Appellate Courts
• Delegated Legislation and the Charter
• The Quebec Reference and Vavilov–Statutory Rights of Appeal and the Core of Superior Court Jurisdiction

Canadian Journal of Family Law, Vol. 32

• All Families Are Equal, but Do Some Matter More than Others? How Gender, Poverty, and Domestic Violence Put Quebec’s Family Law Reform to the Test
• Introduction to the Special Issue: Shifting Normativities
• Intent to Parent Is What Makes a Parent? A Comparative Analysis of the Role of Intent in Multi Parenthood Recognition
• Autonomous Motherhood in the Era of Donor Linking: New Challenges and Constraints?
• Relationally Speaking: The Implications of Treating Embryos as Property in a Canadian Context
• Faire Valoir ses Droits à la Chambre de la Jeunesse: État des Lieux des Barrières Structurelles à L’Accès à la Justice des Familles

Canadian Journal of Law and Jurisprudence, Vol. 33

• Describing Law
• Equity and Homelessness
• The Proportionality Puzzle in Contract Law: A Challenge for Private Law Theory?
• Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace
• Seek the Good: Professional Trust, Justice, and the Rule of Law
• Deciding, ‘What Happened?’ when We Don’t Really Know: Finding Theoretical Grounding for Legitimate Judicial Fact-Finding
• Eichmann’s Mistake: The Problem of Thoughtlessness in International Criminal Law
• Reasonable Accommodation for Age
• Materially Identical to Mistaken Payment
• Tax Uniformity as a Requirement of Justice

Criminal Law Quarterly, Vol. 67

• Gladue Sentencing and Wrongful Convictions
• When One Innocent Suffers: Phillip James Tallio and Wrongful Convictions of Indigenous Youth
• Negative Retributivism: A Response to R. v. Ipeelee’s Innovative Call
• Plan B for Implementing Gladue: The Need to Apply Background Factors to the Punitive
• Sentencing Purposes
• ‘Shedding Light’ on Gladue and Section 718.2(e)
• The Connie Oakes Tragedy: The Same Mistakes and Still No Apology
• Ipeelee in the Courts of Appeal: Some Progress but Much Work Remains

Journal of Parliamentary and Political Law

• Review of: Vernon Bogdanor Beyond Brexit: Towards a British Constitution (2019 I.B. Tauris, London)
• Enhancing Canada’s Democracy without Electoral Reform
• A Novel and Necessary Remedy
• Hey Court, It’s Me, the Legislature, Speaking– Can You Hear Me?: Towards a True Dialogue between Courts and Legislatures
• Review of: Patrick Malcolmson, Richard Myers, Gerald Baier, and Thomas M.J. Bateman the Canadian Regime: An Introduction to Parliamentary Government in Canada 6th Edition (Toronto: University of Toronto Press, 2016)
• Reforming the Federal Electoral System in Canada: The Road to Unilateral Amendment
• Parliamentary Law and a French Version of the Constitution Act, 1867
• Including Emerging Litigation Comprenant Les Litiges en Voie de Développement
• Is Democracy Dying? Keynote Address: First Amendment Days, 2018
• Extradition–What Kind of a Word is That?
• Review of: Adam Dodek the Charter Debates: The Special Joint Committee on the Constitution, 1980-1981, and the Making of the Canadian Charter of Rights and Freedoms (Toronto: University of Toronto Press, 2018)
• Outcries from the Media Regarding the Vice Media Supreme Court Decision: When Journalists Cry Wolf
• La Représentation du Québec à la Chambre des Communes: le Dilemme de Demain

From Lexis Advance Quicklaw:

Queen’s Law Journal, (2019) 45:1

• Provincial Jurisdiction over Abortion
• The Daily Work of Fitting in as a Marginalized Lawyer
• International Comity and The Construction of The Charter’s Limits: Hape Revisited
• Regulation and Inequality at Work: Isolation and Inequality Beyond the Regulation of Labour The Contested Grounds of Economic Order
• Transfer by Contract at Common Law and in Equity