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Miscellaneous

Tuesday, June 12, 2018

Explore a range of resources on varying legal topics.

Judicial Independence and the Financial Support of the Court

Author: The Honourable Derek Green (Chief Justice of the Supreme Court of Newfoundland and Labrador, Trial Division)
Year and Publisher: 2004, Notes from an address delivered to the Newfoundland Branch of the Canadian Bar Association on Thursday, January 29, 2004.
Description: Argues herein that “the manner in which the court is funded and administered does impact on judicial independence and what we – judges, lawyers, and justice officials who are major stakeholders in the court system… ought to be concerned about this.”
Link: judicial_independence.pdf


Stakeholder Input on the Single Trial Court Initiative: Interim Report to Alberta Justice: Phase One

Author: Cambridge Strategies Inc.
Year and Publisher: 2003, Cambridge Strategies Inc., via Alberta Justice
Description: “Cambridge Strategies Inc. was retained by Alberta Justice to hold stakeholder engagement consultations throughout Alberta based on the justice system reforms and relating to the Single Trial Court initiative.” The paper concludes that “people cannot decide whether developing a single trial court with specialized areas, or increasing alternative measures, will reduce the barriers to justice until they have more information as to how the reforms will work, and what possible outcomes they will achieve.”
Link: single_trial_court_interim.pdf18576-single_trial_court_interim.pdf


Contemplating Aboriginal Reality in the Current Justice System: An Introduction

Author: Sonya Guiboche
Year and Publisher: 2000, working paper
Description: In the context of Aboriginal differential treatment issues, this paper seeks to demonstrate that every aspect of conflict resolution is influenced by culture including the foundations of the conflict, the identity of the parties, identification and articulation of the issues, who should intervene, what processes will be used, and what results are desirable.
Link: aboriginal_reality.pdf


Restorative Justice in Urban Aboriginal Communities

Author: Irene Plett
Year: 2000, working paper
Description: This paper considers the practice of restorative justice as it relates to aboriginal offenders in urban communities, where there has been the greatest resistance to implementing change.
Link: restorative_justice.pdf


“Let’s play Twister, let’s play Risk, yeah, yeah yeah”: An Analysis of Discovery Abuse in Civil Litigation

Author: Philip Osborne & Dan Weinstock
Year and Publisher: 2001, working paper
Description: This paper looks at whether abuses within the discovery process must be accepted as an inevitable by-product of their position within an adversarial system or whether there are solutions to such abuse.
Link: twister.pdf


The Constitutional Obligation to Mediate: An Appeal for Justice for the Innu of Labrador

Author: Daniel Sipes
Year and Publisher: 2001, working paper, Queens University, Faculty of Law
Description: In this paper, the author argues that Canadian government’s duty of consultation requires public governments to engage in mediated self-government negotiations with aboriginal peoples as a matter of state policy and fundamental justice in order to reconcile the past infringement of aboriginal rights.
Link: obligation_mediate.pdf


ICANN, You can, We all can: But is the UDRP Fair?

Author: Jaqueline Horvat
Year: 2001, working paper
Description: In an era of growing trademark disputes due in large part to the explosion of the Internet, this paper looks at the “Uniform Dispute Resolution Policy” developed by the “Internet Corporation for Assigned Names and Numbers” to aid trademark owners in regaining domain names from cyber squatters, and asks ultimately whether or not the processes are fair for all participants.
Link: icann.pdf


Canadian Bar Association / Fraser Institute Corporate Counsel Survey

Author: Canadian Bar Association & Fraser Institute
Year and Publisher: 1995, Canadian Bar Association & Fraser Institute
Description: The results of the survey distributed to members of the Canadian Corporate Counsel Association. The Purpose of the survey is to obtain the views of corporate counsel regarding cost and delay factors in the resolution of civil justice disputes. It also seeks to understand the main causes of cost and delay.
Link: corporate_counsel_survey.pdf


Report on Family Law Research in Nunavut

Author: Kelly Gallagher-Mackay
Year and Publisher: 2003, Justice Canada
Description: Some of the mentioned purposes of this research paper include: developing data on family law matters such as adoption, divorces, separation and use of services, as well as gathering evidence concerning how families in Nunavut, particularly the majority Inuit population, manage and deal with family law matters at the community level.
Link: family_law_nu.pdf