Recent Books

CITES as a Tool for Sustainable Development

imageSaving endangered species presents a critical and increasingly pressing challenge for conservation and sustainability movements, and is also matter of survival and livelihoods for the world's poorest and vulnerable communities. In 1973, a global Convention on International Trade in Endangered Species (CITES) was adopted to stem the extinction of many species. In 2015, as part of the Sustainable Development Goals (SDG 15) the United Nations called for urgent action to protect endangered species and their natural habitats. This volume focuses on the legal implementation of CITES to achieve the global SDGs. Activating interdisciplinary analysis and case studies across jurisdictions, the contributors analyse the potential for CITES to promote more sustainable development, proposing international and national regulatory innovations for implementing CITES. They consider recent innovations and key intervention points along flora and fauna value chains, advancing coherent recommendations to strengthen CITES implementation, including through the regulation of trade in endangered species globally and locally.


Reconciliation and Indigenous Justice: A Search for Ways Forward

imageThe horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

David Milward, Reconciliation and Indigenous Justice: A Search for Ways Forward, (Fernwood Publishing, 2022).

 

Animals as Legal Beings: Contesting Anthropocentric Legal Orders

image of book cover with monkey holding scales of justiceIn Animals as Legal Beings, Maneesha Deckha critically examines how Canadian law and, by extension, other legal orders around the world, participate in the social construction of the human-animal divide and the abject rendering of animals as property. Through a rigorous but cogent analysis, Deckha calls for replacing the exploitative property classification for animals with a new transformative legal status or subjectivity called "beingness."

Theoretically informed yet accessibly presented, Animals as Legal Beings makes a significant contribution to an array of interdisciplinary debates and is an innovative and astute argument for a meaningful more-than-human turn in law and policy.

Maneesha Deckha, Animals as Legal Beings: Contesting Anthropocentric Legal Orders, (University of Toronto Press, 2020).

 

Indigenous Peoples and International Trade: Building Equitable and Inclusive International Trade and Investment Agreements

The United Nations Declaration on the Rights of Indigenous Peoples is seen primarily as an international human rights instrument. However, the Declaration also encompasses cultural, social and economic rights. Taken in the context of international trade and investment, the UN Declaration is a valuable tool to support economic self-determination of Indigenous peoples. This volume explores the emergence of Indigenous peoples' participation in international trade and investment, as well as how it is shaping legal instruments in environment and trade, intellectual property and traditional knowledge. One theme that is explored is agency. From amicus interventions at the World Trade Organization to developing a future precedent for a 'Trade and Indigenous Peoples Chapter', Indigenous peoples are asserting their right to patriciate in decision-making. The authors, both Indigenous and non-Indigenous experts on trade and investment legal, provide needed ideas and recommendations for governments, academia and policy thinkers to achieve economic reconciliation.

John Borrows & Risa Schwartz, eds., Indigenous Peoples and International Trade: Building Equitable and Inclusive International Trade and Investment Agreements. (Cambridge University Press, 2020).

 

Creating Indigenous Property: Power, Rights, and Relationships

imageWhile colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project.

Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. 

Angela Cameron, Sari Graben, and Val Napoleon, eds., Creating Indigenous Property: Power, Rights, and Relationships, (University of Toronto Press, 2020).

 

Covid-19 in Asia: Law and Policy Contexts

The first collected volume on Covid-19 law and policy issues in Asia, with thirty chapters by sixty-one authors (16 from the University of Victoria) from seventeen jurisdictions.

This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan.

This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability.

Victor V. Ramraj, ed., Covid-19 in Asia: Law and Policy Contexts, (Oxford University Press, 2020).

 

Law's Indigenous Ethics

imageLaw’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools.

With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

John Borrows, Law's Indigenous Ethics, (University of Toronto Press, 2019).

  • Native American and Indigenous Studies Association (NAISA) Best Subsequent Book (2020)
  • W. Wesley Pue Book Prize from the Canadian Law and Society Association for the best book in Canadian Socio-legal Studies (2019)

 

Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples

imageImplementation in Canada of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is a pivotal opportunity to explore the relationship between international law, Indigenous peoples' own laws, and Canada's constitutional narratives.

These essays engage with the legal, historical, political and practical aspects of UNDRIP implementation. Written by Indigenous legal scholars and policy leaders, and guided by the metaphor of braiding international, domestic, and Indigenous laws into a strong, unified whole composed of distinct parts, the book makes visible the possibilities for reconciliation from different angles and under different lenses.

Oonagh Fitzgerald, John Borrows, Larry Chartrand and Risa Schwartz, eds., Braiding Legal Orders: Implementing the United Nations Declaration on the Rights of Indigenous Peoples, (Centre for International Governance Innovation Press, 2019).

 

Women's Health and the Limits of Law

Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?” The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, Czech Republic, Peru and Bolivia. 

Irehobhude O. Iyioha, ed., Women's Health and the Limits of Law: Domestic and International Perspectives, 1st Edition (Routledge, 2019)

 

Amartya Sen and Law

This volume introduces and collects some of the leading articles on noted economist and philosopher Amartya Sen’s contributions to law and jurisprudence. With the publication of The Idea of Justice in 2009, Sen has contributed many notable ideas to important concepts of jurisprudence, challenging notions of universalism and institutionalism in jurisprudential concepts, and contributing his own ideas on justice and equality. He offers fresh insights on the content of democracy and enumerates what good decision making in different contexts might entail.

He has written importantly on issues of identity and cosmopolitanism, demonstrating the complexity of modern ideas of diversity, fairness and most importantly, sensitivity to context in assessing policies and governmental strategies. 

Carrie Menkel-Meadow, Victor V Ramraj, Arun K Thiruvengadam, Supriya Routh, eds., Amartya Sen and Law, 1st Edition (Routledge, 2019)

 

Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teaching

Resurgence and reconciliationThe two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations.

Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them.

Michael Asch, John Borrows and James Tully, eds., Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teachings (University of Toronto Press, 2018).

 

Out There Learning: Critical Reflections on Off-Campus Study Programs

Out there learningUniversities across North America and beyond are experiencing growing demand for off-campus, experiential learning. Exploring the foundations of what it means to learn "out there," Out There Learning is an informed, critical investigation of the pedagogical philosophies and practices involved in short-term, off-campus programs or field courses. Bringing together contributors’ individual research and experience teaching or administering off-campus study programs, Out There Learning examines and challenges common assumptions about pedagogy, place, and personal transformation, while also providing experience-based insights and advice for getting the most out of faculty-led field courses.

Deborah Curran, Cameron Owens, Helga Thorson, and Elizabeth Vibert, eds. Out There Learning: Critical Reflections on Off-Campus Study Programs (University of Toronto Press, 2018).

  

Common Sense and Legal Judgment: Community Knowledge, Political Power and Rhetorical Practice

Common Sense and Legal JudgementWhat does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light.

Patricia Cochran, Common Sense and Legal Judgment: Community Knowledge, Political Power and Rhetorical Practice, (McGill-Queen’s University Press, 2017). 

  

The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness

The art of science in the Canadian justice systemPart autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, not only in the Canadian courts, but the justice process as a whole. Dr. Ferguson's experience--from a scientist and medical professional's perspective--in dealing with lawyers, judges, and the process of testifying in numerous court--offers a unique glimpse into how the two worlds of science and law don't always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out.

Charles Ferguson & David Milward, The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness (Taylor & Francis, 2017).

   

The Right Relationship: Reimagining the Implementation of Historical Treaties

imageThe relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations.

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

John Borrows and Michael Coyle, eds., The Right Relationship: Reimagining the Implementation of Historical Treaties (University of Toronto Press, 2017).

 

Freedom and Indigenous Constitutionalism

Freedom and Indigenous constitutionalismIndigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

John Borrows, Freedom and Indigenous Constitutionalism (University of Toronto Press, 2016).

  

 

 

The Responsibility to Protect in International Law: An Emerging Paradigm Shift

The responsibility to protect in international lawThis book considers a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild.

This doctrine is analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law.

Susan BreauThe Responsibility to Protect in International Law: An Emerging Paradigm Shift Routledge Research in International Law (Routledge, 2016).

  

The Public-Private Nature of Charity Law

The public-private nature of charity lawIs charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise.

Kathryn Chan, The Public-Private Nature of Charity Law (Hart Bloomsbury, 2016).

 

 

 

The Constitution of Canada: A Contextual Analysis

imageThe first edition of this text quickly established itself as the classic introduction to the Canadian constitution. Setting it in its historical context, noting especially the complex interaction of national and regional societies, it shows how the constitution continues to morph and shape itself.

These changes are explored through key constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes.

Jeremy Webber, The Constitution of Canada: A Contextual Analysis, 2nd edition (Hart Publishing, 2021)

 

Annual Review of Criminal Law 2019

The Annual Review of Criminal Law 2019 is an analysis of the most significant case law and statutory developments in 2019 and their impact on the practice of criminal law in Canada. The authors, who have written extensively on criminal law, procedure, and sentencing, draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments, detailing how they impact the practice of criminal law in Canada.

New in this edition:

  • An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts, S.C. 2019, c. 25 (former Bill C-75)
  • An Act to amend certain Acts and Regulations in relation to firearms, S.C. 2019, c. 9 (former Bill C-71)
  • An Act to amend the Criminal Code (bestiality and animal fighting), S.C. 2019, c. 17 (former Bill C-84)
  • An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), S.C. 2019, c. 11 (former Bill S-203)
  • An Act respecting national security matters, S.C. 2019, c. 13 (former Bill C-59)
  • An Act to amend the National Defence Act and to make related and consequential amendments to other Acts, S.C. 2019, c. 15 (former Bill C-77)
  • Budget Implementation Act, 2019, No. 1, S.C. 2019, c. 29 (former Bill C-97)

Steve Coughlan, Michelle Lawrence and Robert J Currie, Annual Review of Criminal Law 2019 (Thomson Reuters, 2020)

 

Taxation of Business Organizations in Canada, 2nd edition

imageCovering topics from partnership taxation and corporate income taxation, to the taxation of corporate distributions and shareholder benefits and loans, as well as corporate reorganizations, this book is the go-to resource for the most up-to-date case law, commentary and analysis.

What’s New In This Edition

  • Explanatory material and tables reflecting updated individual corporate income tax rates
  • Detailed explanations of other legislative amendments since 2015, including new limits on the small business deduction in section 125 of the ITA, the meaning of de facto control, changes to the dividend refund in section 129 of the ITA, expansion of the tax on split income in section 120.4 of the ITA, and amendments to section 55 of the ITA
  • Case excerpts and analysis of the Federal Court of Appeal decisions in Canada v. 594710 British Columbia Ltd. and Canada v. Oxford Properties Group Inc., and the Tax Court of Canada and Federal Court of Appeal decisions in 1245989 Alberta Ltd. v. The Queen and Perry Wild v. The Queen
  • Case notes on other notable cases, such as Birchcliff Energy Ltd. v. The Queen, Kruger Wayagamack Inc. v. Canada, McGillivray Restaurant Ltd. v. Canada, Laliberté v.The Queen, Atlantic Packaging Products Ltd. v. The Queen, Poulin v. Canada and Turgeon v. Canada, and Pomerleau v. Canada
  • Improved analysis of other provisions and cases

David G. Duff (Author), Geoffrey Loomer (Author), Taxation of Business Organizations in Canada, 2nd edition (LexisNexis Canada, 2019)

 

Personal Injury Damages in Canada

imageThis treatise is the leading Canadian reference work on the assessment of personal and fatal injury damages. The book provides comprehensive coverage of cases, legal principles and commentary including future directions for development of the law.

The third edition is a completely revised and thoroughly updated edition of the 1981 and 1996 treatises on assessment of damages for personal injury and death in Canada. Topics of special note include a discussion of lump sum or periodic payments; proof of damages; aggravated and punitive damages; voluntary services by family members; loss of earning capacity, loss of earnings for injured children and students, and for women; loss of homemaking capacity and loss of interdependent relationship; the lost years problem; cost of care and state benefits; third party claims for non-pecuniary losses; claims by unaware and elderly plaintiffs; collateral benefits; fatal accident legislation; survival action statutes; factual causation; the thin and crumbling skull principles; and recovery for psychological harms. Recent Supreme Court of Canada decisions are considered in detail.

Ken Cooper-Stephenson and Elizabeth Adjin-Tettey, Personal Injury Damages in Canada, 3rd ed. (Thomson Reuters, 2018)

Canadian Criminal Jury Instructions

imageYou know how much work is involved in a criminal jury trial—research, case law analysis, the elements of the charge. Canadian Criminal Jury Instructions (CRIMJI) puts all of the legal research that goes into preparing a jury instruction to work for you. Guided by a cross-Canada editorial board, this authoritative resource provides you with over 150 model instructions on trial procedures, evidence, and major offences and defences. Each instruction gives you an outline of key components of the instruction, discusses relevant case law, and highlights alternatives and notes of caution.

Michael R. Dambrot and Gerry Ferguson, Canadian Criminal Jury Instructions (Continuing Legal Education, 2018)
 

Global Corruption: Law, Theory & Practice

Authored by Professor Gerry Ferguson, Distinguished Professor at the University of Victoria Faculty of Law, Global Corruption: Law, Theory and Practice, Third Edition is the first course book of its kind on anti-corruption. As sponsors of the book, the CBA Anti-Corruption Team (CBA-ACT) reviewed and provided input into the content. It is a comprehensive account of the historical, social, economic and political dimensions of corruption and compares the US, UK and Canadian Anti-Corruption regimes. The book is available in whole or by chapter in both PDF and Word formats. To purchase a print copy of the book, please visit:  https://www.uvicbookstore.ca/general/uvic-publishing

Gerry Ferguson, Global Corruption: Law, Theory & Practice (University of Victoria, 2018) 

 

Corporations and Partnerships: Canada

imageDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in Canada provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure.

A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Mark R. Gillen, Corporations and Partnerships: Canada (Kluwer 1992, revised 2008, 2015, 2016, 2017, and 2018)

  

Annual Review of Criminal Law 2017

image The authors, who have written extensively on criminal law, procedure, and sentencing draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments in 2017, detailing how they impact the practice of criminal law in Canada. With the new edition of Annual Review of Criminal Law, it will be like having your own expert consultants to decipher the plethora of statutory and case law.

Steve Coughlan, Michelle Lawrence and Robert J Currie, Annual Review of Criminal Law 2017 (Thomson Reuters, 2017)

  

 

 

Research Handbook on Disasters and International Law

image International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.

The editors take a broad, encompassing approach to the concept of disaster, concluding that a new corpus of international disaster law may be emerging. Key contributions interweave a number of important themes from an international law perspective across a wide range of discrete topics as diverse as water, food and energy security, dispute settlement, protection of vulnerable groups, cyber terrorism, international criminal law, climate change migration and international economics and trade law. This comprehensive study makes an important contribution to international law scholarship governing disasters, which in the past has largely focused on disaster response and relief law.

Susan C. Breau and Katja L.H. Samuel, eds., Research handbook on disasters and international law. Research Handbooks in International Law (Edward Elgar, 2016)

 

Criminal Law: Canadian Law, Indigenous Laws & Critical Perspectives

criminal-law-casebook--front-coverThis is the first criminal law casebook in Canada to present Indigenous laws alongside Canadian criminal law. This first edition includes Cree law and the authors hope in future editions to expand the content on Indigenous laws to include other Indigenous legal traditions as an important part of decolonizing Canadian legal education and supporting reconciliation.

This casebook also takes a trauma-informed approach and includes specific materials directly on trauma and its impact on both students and practitioners as well as those who encounter the criminal justice system as victims and/or offenders.

Benjamin Perrin, David Milward, Michelle Lawrence & Myrna McCallum, eds, Criminal Law: Canadian Law, Indigenous Laws & Critical Perspectives, 1st ed., 2023 CanLIIDocs 316 (Ottawa: Canadian Legal Information Institute, 2023), available at https://canlii.ca/t/7n1mm licensed under CC BY-NC-ND 4.0.”

 

Administrative Law: Cases, Text and Materials, 8th Edition

Administrative Law: Cases, Text, and Materials offers a comprehensive and up-to-date review of administrative law in Canada with new case law and tribunal decisions, legislative updates, and recent policy developments.

The eighth edition includes an in-depth analysis of the Supreme Court of Canada’s 2019 Vavilov trilogy, discussing its fundamental changes for judicial reviews and statutory appeals as well as its impact on lower courts. This edition provides an updated look at the remedies in administrative law (monetary, non-monetary and Charter) and the role of judicial discretion, the interpretation and application of statutory restrictions, judicial proposals for a public law approach to liability, and re-evaluations of existing principles of governmental liability.

Gerald Heckman, Janna Promislow, David Mullan, Gus Van Harten, Administrative Law: Cases, Text, and Materials, 8th ed. (Emond Publishing, 2021)

 

Law and Disability in Canada: Cases and Materials

book coverLaw and Disability in Canada: Cases and Materials is a comprehensive overview of law and disability issues in Canada. The authors – six academics and experts in the field – discuss persons with disabilities and their interactions with the law as a holistic phenomenon that requires knowledge of and engagement with different areas of law. Through an examination of barriers regularly faced by people with disabilities, they present key and foundational domestic and international equality rights instruments (including the Charter, human rights law and the Convention on the Rights of Persons with Disabilities), the history of disability rights litigation and several contemporary access to justice issues.

Laverne Jacobs, Ruby Dhand, Freya Kodar, David Ireland, Richard Jochelson, Odelia Bay, Law and Disability in Canada: Cases and Materials (LexisNexis Canada, 2021)

 

Criminal Law and Procedure: Cases and Materials, 12th Edition

Criminal Law and Procedure: Cases and Materials is a longstanding bestseller that introduces Canadian law students to the entire criminal law process, from constitutional context and legislative decision-making through to police investigations, the determination of liability, and, ultimately, punishment. This casebook examines the operation of the criminal justice system within a broader societal and historical context. Weaving commentary, case law, and legislation together, this title will help students understand criminal law as the study of a complex social, legal, and institutional system.

Kent RoachBenjamin L. BergerEmma CunliffeAsad G. Kiyani, Criminal Law and Procedure: Cases and Materials, 12th ed. (Emond Publishing, 2020)

 

Remedies: Cases and Materials, 8th Edition

imageRemedies: Cases and Materials, 8th Edition is a comprehensive casebook that covers recent developments in both the law of damages assessment and the granting of equitable remedies. This publication examines all areas of remedies law in Canada, including damages, injunctions, specific performance, and equitable relief. Coming into its eighth edition, Remedies has become a reliable resource, providing updated case reports alongside detailed academic commentary.

This edition was written by leading authorities on remedies, each of whom offer their expertise in specific areas. It also reviews recent Supreme Court of Canada cases and outlines how these decisions impact the law of remedies in Canada.

Jeffrey B. Berryman, Elizabeth Adjin-Tettey, Michael Pratt, Kent Roach, and Stephen M. Waddams, Remedies: Cases and Materials, 8th ed. (Emond, August 2020)


 

Environmental Law: Cases and Materials, Third Edition

imageIn this new edition of Canada's leading environmental law text, Professors Doelle and Tollefson provide a fully updated and much expanded treatise that will be welcomed by students, practitioners and environmental professionals alike. It includes a comprehensive collection of cases, articles, commentary, notes and questions and covers a broad range of topics. This third edition covers the current state of federal, provincial, commonwealth and U.S. environmental law.

Meinhard Doelle and Chris Tollefson, Environmental Law: Cases and Materials, 3rd ed. (Thomson Reuters, 2019)

 

 

Aboriginal Legal Issues - Cases, Materials and Commentary, 5th Edition

imageThis comprehensive casebook surveys the most important issues in Canadian law concerning Aboriginal people, contextualising them within their larger cultural, political and sociological framework. Includes new case law including seminal Williams Lake case handed down by the Supreme Court of Canada in early 2018.

 

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Canadian Income Tax Law

imageThis work provides an overview of the foundations of tax law and the critical cases which have shaped each component of the tax regime, uniquely combining the best features of both a textbook and casebook.

David G. Duff, Benjamin Alarie, Geoffrey Loomer and Lisa Philipps, Canadian Income Tax Law, 6th ed. (LexisNexis, 2018)

 

 

 

 

 

Business Organizations: Practice, Theory and Emerging Challenges

imageBusiness Organizations: Practice, Theory and Emerging Challenges, 2nd Edition is more than just a comprehensive update to Business Organizations: Principles, Policies, and Practice. It provides a detailed discussion of the fundamentals that shape this area of law, and reviews important debates surrounding the nature of business organizations and the role they play in Canadian society. Through this approach, this casebook aims to enhance the reader’s understanding of business organizations, and the ways in which legal and policy decisions impact how they function.

Robert Yalden, Janis Sarra, Paul Paton, Mark R. Gillen, Mary Condon, Carol Liao, Michael Deturbide, Mohamed Khimji, Bradley Bryan and Gary Campo, Business Organizations: Practice, Theory and Emerging Challenges, 2nd ed. (Emond Montgomery, 2017)

 

 

Canadian Constitutional Law

image The fifth edition of Canadian Constitutional Law is a significant update to a leading authority on the state of Canadian constitutional law. This text remains true to the structure and purposes of previous editions, especially with regard to the editors’ commitment to the idea that understanding constitutional history is critical to comprehending the present and future of Canadian constitutional law.

This interdisciplinary text emphasizes the rich history of various features of the Canadian Constitution. This edition covers key topics such as Indigenous peoples and the Constitution, constitutional history and interpretation, Canadian Federalism, and the Charter of Rights and Freedoms.

Patrick Macklem, Carol Rogerson, John Borrows, R.C.B. Risk, Robin Elliot, Kent Roach, Jean-Francois Gaudreault-DesBiens, Bruce Ryder, Donna Greschner, David Schneiderman, Jean Leclair, Lorraine Weinrib, Ian Lee, Richard Albert, Richard Moon, and Hamish Stewart, Canadian Constitutional Law, 5th ed. (Emond Montgomery, 2016)