Journal.queenslaw.ca

The Urgent and the Important: Political Resistance During a …

WEB308 (2021) 46:2 Queen’s LJ and caution us against the temptation to prioritise the easy and obvious over the important and complex—and to in fact use the former to waylay the latter.

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URL: https://journal.queenslaw.ca/sites/qljwww/files/Issues/Vol%2046%20i2/7.%20Vasanthakumar%20-%20Draft%208%20-%20PDF%20(1).pdf

Government Tort Liability for Negligence in the Health Sector: …

WEBI. Government's Expanded Role in the Health Sector Beginning in the late 1940s, a number of factors led Canadian provincial governments to assume the role of health system …

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The Pains of Imprisonment in a Pandemic

WEBL. Kerr & K. Dubé 329 analysis. Harsh pretrial confinement, including routine lockdowns and other serious deprivations, has long been a basis for enhanced credit at sentencing.3 …

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R v Sinclair: Balancing Individual Rights and Societal Interests

WEB2000 SCC 38, [2000] 2 SCR 3. VA MacDonnell 139. free society".10 In this paper I will argue that Singh and Sinclair can also be viewed as part of a growing trend of balancing …

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Assessing Damages for the Public Disclosure of Private Facts: …

WEBE. Rankin 139 cannot look to nuisance, which protects individuals’ interest in the enjoyment of their property, to inform how we think about physical damages caused by

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Issues Queen's University Law Journal

WEBVolume 49, No. 2, Spring 2024. Front Matter; Articles. Boom or Bust: The Public Trust Doctrine in Canadian Climate Change Litigation, by Hassan M Ahmad; Gender-Diverse …

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Pandemic Schooling and the Politics of Safety

WEB346 (2021) 46:2 Queen’s LJ health threat, lawmakers and courts treated schools as unsafe places in need of heightened security and surveillance.

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Fiduciary Aspects of Misfeasance in a Public Office

WEBcompensation for those who have suffered material damage rather than to vindicate the rights of those who have not".' Although it was largely unused for most of the twentieth …

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The Case for AI-Powered Legal Aid

WEB418 (2021) 46:2 Queen’s LJ and individualized legal help and dispute resolution solutions. In particular, we examine a recent initiative launched at the Queen’s University, Faculty …

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The Chronic Failure to Control Prisoner Isolation in US and …

WEBCanada has not followed the American trend of erecting a network of supermax-type facilities for administering solitary confinement. 16 The Canadian prison system does, …

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The Pandemic and Beyond: Federalism Faces Existential Threats

WEB376 (2021) 46:2 Queen’s LJ interpret federal and provincial powers.6 When it comes to existential threats, the need for policy to be effective is important in thinking about …

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Reconsidering the Reconizable Psychiatric Illness Requirement …

WEBReconsidering the "Reconizable Psychiatric Illness" Requirement in Canadian Negligence Law. Louise Bilanger-Hardy*. Courts have generally required litigants to prove that they …

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The Duty to Accommodate Senior Workers: Its Nature, Scope …

WEBAs the population ages,3 the labour market will increasingly rely on senior workers, who are more likely than younger workers to have a disability that may affect their job …

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“Police Authority is Necessary”: The Canadian Origins of the …

WEBS. Wallace 105 language and practice of public health”12 and that American immigration officials became preoccupied with identifying and excluding problematic migrants out of …

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Reasonable Apprehension Under Mental Health Law

WEB4 (2022) 48:1 Queen’s LJ Canada’s decision in R v Le (Le) significantly alters the landscape for mental health apprehensions.7 The Court in Le adopted a test for what constitutes …

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Purposivism, Textualism, and Originalism in Recent Cases on …

WEB82 2021 471 ueen’ L proclaimed that “ Charter analysis requires courts to look beyond the words of the section” invoked by the claimant. 14 As a result, a citizen’s right to vote or …

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The Future of the Wagner Act: A Canadian-American …

WEBsay that the Wagner model provided the basis for both Canadian and American labour law. In more recent years, political and legal debates have erupted on both

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Post-Bedford: Judicial Variance in Applying Canada’s New Sex …

WEB34 2022 472 uen’ Between Confederation and the early 1970s, sex work regulation shifted from being grounded on public health concerns8 to a vagrancy-based offence that also …

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