The Advocate

626 total articles

A legal journal reviewing news and practical expertise on laws in the Commonwealth Nations.

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Recently added articles from The Advocate:

The Honourable Allan D. Thackray, Q.C.(British Columbia)(Cover story)(Testimonial)

Jul 01, 2008; Willcock, Peter M. ... [ILLUSTRATION OMITTED] Allan Thackray was born on October 28, 1932, in Moose Jaw, Saskatchewan. His father had a men s clothing store called, not surprisingly, Thackray's Men's Wear. Allan attended several different grade schools and then Moose Jaw Technical School. It was not ...

Will you still need me, will you still feed me, when I'm 94? The scary demographic reality of aging baby boomers and their children's liability under criminal and family law.(Canada)

Jul 01, 2008; Allan, Marion ... Canada's population is aging dramatically, raising the question: What duties can and should the state impose upon children with respect to their elderly parents who are unable to support themselves? This article focuses on Canada's changing demographics and on two existing statutory ...

Beloved of the sky.(Fictional work)

Jul 01, 2008; Conkie, Jennifer Law ... With little on his mind except getting inside to his warm dinner, the Reverend George Gilmore walked briskly along the snow-packed path, past the glistening laurel hedge and up the salted stairs of his austere Burnaby home. It was an unusually cold November for the coast, with more snow ...

Legal aid: a catalyst for change.(British Columbia)

Jul 01, 2008; Cowper, Geoffrey ... Legal aid services often serve as a catalyst for change in the justice system. It is here, where resources are most constrained and the demands high, that lawyers are rising to the challenge and using their training and creativity to achieve a just and socially productive outcome. ...

Civil appellate practice.

Jul 01, 2008; Thackray, Allan ... This article is a combination of my views, those of former colleagues on the British Columbia Court of Appeal and articles written by others. I have shamelessly borrowed from them. Of course, regardless of what I have to say, not all judges, in any court, are of the same mind ....

Daubert comes to Canada: closing the gates on unreliable scientific evidence.

Jul 01, 2008; Arvisais, Paul ... Needless to say there is a continuum of reliability in matters of science from near certainty in physical sciences to the far end of the spectrum inhabited by junk science and opinion akin to sorcery or magic. (1) Daubert v. Merrell Dow Pharmaceuticals (2) is a 1993 decision of ...

Back to the future with interjurisdictional immunity: Canadian Western Bank v. Alberta; British Columbia v. Lafarge Canada Inc.

Jul 01, 2008; Edinger, Elizabeth ... A fundamental corollary of the pith and substance analysis is that if the court finds impugned legislation to be in relation to one or more of the enacting legislature's heads of power, any incidental effect on the other level of government's heads of power is constitutionally irrelevant ....

Judgment debts: would more efficient enforcement really be in the public interest?(Canada)

Jul 01, 2008; Ison, Terence G. ... The article "In Search of a Remedy" in the Advocate, vol. 66, January 2008, p. 21, relates to the enforcement of "money judgments". In the context of the article, that phrase implies that the same enforcement mechanisms should apply to all categories of monetary claims, but the article ...

Giving children a voice: advice to lawyer-mediators on interviewing children in family mediations.(Canada)

Jul 01, 2008; Morley, Jane ... There comes a time in our lives (often, more than one time) when we simply have to acknowledge that we were wrong. That time has come for me. So I will start by saying that I was wrong--wrong in my firmly held opinion that involving children in family mediations and court proceedings was a ...

Finding a legal culture that fits.(Canada)

Jul 01, 2008; Bircher, Robert ... One of the ways the Lawyers Assistance Program helps lawyers is with transitions in their legal careers. "Transition" in this sense does not refer to a simple job change, that is, doing the same or similar work in a new location. Rather it refers to the psychological experience of a major ...

Finding the right culture for you.(Canada)

Jul 01, 2008; Bircher, Robert ... Given the importance of culture, what can you do to make a good choice? The easiest but often overlooked way is to do informational interviews with people who are doing the job you would like to do or with the people you intend to work with. Ask questions about the hours that are expected, ...

The Attorney General's page.(child protection mediation)(British Columbia)

Jul 01, 2008; Oppal, Wally ... CHILD PROTECTION IN THE JUSTICE SYSTEM One of the most difficult types of cases for judges and lawyers to handle involves the removal of children from their parents in situations of abuse and neglect. These cases frequently involve very difficult family, social and cultural ...

Government Liability: Law and Practice.(Book review)

Jul 01, 2008; Taylor, Martin R. ... Government Liability: Law and Practice, edited by Karen Horsman and Gareth Morley. Aurora, Ont.: Canada Law Book, 2007. 680 pages (looseleaf), $239. Actions by or (much more frequently) against "government", in one form or another, account for perhaps 20 per cent of civil ...