Recent Articles

CANADA’S NEW CONSTITUTION – RE-ARRANGING FEDERAL AND PROVINCIAL JURISDICTIONS

July 09, 2009 23:03

To make us one nation as to foreign concerns, & keep us distinct in Domestic ones, gives the outline of the proper division of powers between the general and particular governments. James Madison 16 December 1786 Introduction James Madison’s astute... To make us one nation as to foreign concerns, &...

CANADA’S NEW CONSTITUTION – DIVISION OF POWERS – LEGISLATORS - PRIME MINISTERS AND PREMIERS

June 30, 2009 22:29

The way to have good and safe government, is not trust it all to one; but to divide it among the many, distributing to every one exactly the functions he is competent to. Thomas Jefferson, 1816 1. Introduction Under our...The way to have good and safe government, is not trust it all to one; but to...

CONSTITUTIONAL LAW – A NEW BEGINNING – AN OVERVIEW

June 25, 2009 23:36

There can be no liberty where the legislative and executive powers are united in the same person or body or magistrates or, if the power of judging be not separated from the legislative and executive powers. Montesquieu 1689-1755 1. Introduction...There can be no liberty where the legislative and...

CONSTITUTIONAL LAW – THE DEMOCRATIC FAILURE OF THE BRITISH AND CANADIAN PARLIAMENTARY FORM OF GOVERNMENT

June 22, 2009 23:25

Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to...Whereas the Provinces of Canada, Nova Scotia, and...

CRIMINAL LAW – KELLY ELLARD - CANADA’S BANKRUPT JURY INSTRUCTIONAL SYSTEM

June 16, 2009 18:22

Introduction On 14 November 1997 Ms. Kelly Ellard murdered Ms. Reena Virk. Three trials followed. On 9 March 2000, the first trial of ended in a conviction. On 4 February 2003 the B.C. Court of Appeal (the BCCA) ordered a...Introduction    On 14 November 1997 Ms. Kelly Ellard...

CRIMINAL JURY TRIALS-VETTING JURORS’ CRIMINAL RECORDS-ONTARIO POLICE-JUROR INFORMATION SHEET

June 11, 2009 21:35

1. Introduction A posting of 3 June 2009 discusses the practice of some Ontario prosecutors obtaining pre-trial information about potential jurors through its police investigators. Their investigations revealed criminal records and alleged character flaws of many on the jury...

CIVIL JURY TRIALS – CHALLENGING JURORS FOR CAUSE – LEGISLATORS AND JUDGES AS JURORS

June 08, 2009 22:09

The voir dire process may impress upon the jury the importance of their task and may enhance their awareness of their duty to decide the case fairly and impartially Zeisal and Diamond Stanford Law Review 30 (1978) 512 1. Introduction... The voir dire process may impress upon the jurythe importance...

CRIMINAL JURY TRIALS-JUROR INFORMATION SHEETS - CHALLENGES FOR CAUSE- ONTARIO PROSECUTORS’ SECRETS

June 03, 2009 22:29

1. Introduction Both sides in a criminal or civil trial naturally want to know details about any biases that prospective jurors might have if chosen to decide their dispute. Parties should be able to discover these qualities in open court...1. Introduction    Both sides in a...

CIVIL JURY TRIALS – CHALLENGES FOR CAUSE – JURORS’ PRIVACY

May 24, 2009 19:20

1. Introduction A 20 May 2009 article in the local paper describes a situation dealing with jurors’ right to privacy. In that case, the lawyer representing the defendant’s insurer asked the insurer to provide her with the personal claims history...1. Introduction     A 20 May...

CONSTITUTIONAL LAW – 2009 B.C. ELECTION – VOTER TURNOUT – MANDATORY VOTING

May 18, 2009 21:20

1. Introduction British Columbia just completed a general election. Media commentators and politicians worry about the relatively poor voter turnout. In 1983 it was 70.5%. Gradually it declined and in 2005 it was down to 58.19%. In 2009 it fell...1. Introduction    British...