Recently added articles from University of New Brunswick Law Journal:

Class actions against the Crown: a substitution for judicial review on administrative law grounds?(Canada)

Nov 01, 2007; Sossin, Lorne ... INTRODUCTION Class actions against the Crown do not fit neatly in existing private law or public law paradigms. Private law liability tends to flow from discrete duties owed to specific individuals or groups, while judicial review at public law is premised on public duties such ...

The class action and public authority liability: "preferability" re-examined.

Nov 01, 2007; Jones, Craig ... INTRODUCTION When are class actions against the government "preferable"? Perhaps more to the point, when is a class action that might be appropriate against a private firm not an effective way of resolving a claim where the government acts as the defendant? This ...

Accountability of public authorities through contextualized determinations of vicarious liability and non-delegable duties.

Nov 01, 2007; Adjin-Tettey, Elizabeth ... INTRODUCTION This paper focuses on those persons who suffer injuries from another's performance of contracted government services and whom may not have access to effective remedies because of narrow and de-contextualized constructions of when vicarious liability and breach of ...

Liability of public authorities and duties of affirmative action.(Canada)

Nov 01, 2007; Siebrasse, Norman ... INTRODUCTION The question of whether a duty of care is owing is perhaps nowhere more important that in the context of liability of public authorities. New duties do, of course, arise in respect of private parties. (1) But the increasing range of state activity and the diversity ...

The obligation to protect: the legal context for diplomatic protection of Canadians abroad.

Nov 01, 2007; Forcese, Craig ... INTRODUCTION Repeated instances of detention, torture and, in one case, murder of Canadian citizens by foreign governments have rocked Canada's foreign policy establishment. In October 2003, Maher Arar arrived in Canada after being detained in Syrian military prison for more ...

Reconciling tort and administrative law concepts of justice: the case of historical wrongs.(Canada)

Nov 01, 2007; Jacobs, Laverne ... The response of the Canadian courts to the action in Mack has been disappointing. ... A fully mature legal system recognizes that the judiciary have a duty alongside the legislature to ensure the proper content of law, and this may in exceptional cases require them to deny the validity of ...

Patents, the charter & a healthy dose of rights in wrongs: the poison is the elixir for life, liberty & security of the person.(Canada)

Nov 01, 2007; Amani, Bita ... What is it about our political process that enables legislatures and governments to ignore the most fundamental interests of significant segments of society with impunity? (1) 1. INTRODUCTION There are some 3,000-4,000 hereditary diseases related to errors in our ...

Actions for trespass & Hunter v. Southam.(Canada)

Nov 01, 2007; Plaxton, Michael ... INTRODUCTION In Hunter v. Southam (1984), the Supreme Court held that s. 8 of the Charter (1) ordinarily requires law enforcement officers to obtain a warrant, where "feasible", before conducting a search. (2) The absence of a warrant or common law power, the Court held, gives ...