The Remedial Authority of the Labour Arbitrator: Revised Judicial Version

A crucial problem is surfacing in contemporary labour arbitration in Canada. The crisis is occasioned by the almost exponential growth in judicial review of arbitration decisions in recent years. One finds a recurring theme in many of the cases in which the courts actually quash the decisions of arbitration boards. These cases required the exercise of remedial powers by the boards. Once an arbitrator sees a violation of one of the terms and obligations of the collective agreement he must decide what, if anything, to do about it. In recent years our judges, especially those from Ontario, have tended to have a very different view of this problem than the one which appears to prevail within the arbitration profession itself. Analysis of the opposing positions leads us directly to some of the fundamental and enduring dilemmas of the arbitration process. What is the nature and extent of an arbitrator\u27s authority and what is the proper scope of judicial supervision of its exercise

The Supreme Court of Canada and the Doctrines of Mens Rea

My objective in this study is two-fold. First, I want to examine the decision-making operations of the Supreme Court in the period 1949-1969 by analyzing the reasons and votes in a sequence of related cases. Second, I want to present a critical review of the doctrinal pattern which has emerged in Canadian law in the field in which I have chosen to assess the work of the court. The family of legal problems which I have singled out involve the various excuses to criminal conviction for prohibited conduct -defences which flow from the lack of mens rea, responsibility, or blameworthiness. Because these two interests may at times diverge, the article will frequently contain material which is extraneous to one or to the other. However, I feel that any such costs are outweighed by the intellectual gains which result from an examination at the same time of a developing substantive area of law and the workings of the institution which is chiefly responsible for this development

Rights and Judges in a Democracy: A New Canadian Version

Canadians sought a constitutionally entrenched Charter of Rights not just for its own sake, but also as part of a larger effort at constitutional renewal. The hope was that such a Charter would preserve a united Canada in the face of the serious threat posed by French Canadian nationalism within a potentially independent Quebec. In this Article, I comment on those features of the Canadian debate and its denouement that are noteworthy within the Canadian context, as well as those that illustrate some of the universal themes of constitutional theory

Of Judges and Scholars: Reflections in a Centennial Year

A strange thing happened to the Supreme Court of Canada on the way to the celebration of this, its centennial year: the public discovered that the court exists. One may also surmise that the members of the court find this novel attention to be a rather mixed blessing. The tone of popular treatments of the court has been no more complimentary than the academic studies which have lain in obscurity for years. In this essay, I shall resist the urge to add another refrain to the litany of complaints about the performance of our final court. Instead, I am tempted by another target-the academic community itself

Book Review: Cases and Materials on Contracts, by J. B. Milner (ed)

In recent years, several casebooks prepared by Canadian professors of law have become available to the Canadian law student. An important addition to the list is Cases and Materials on Contracts, edited by Professor J. B. Milner. The occasion of this publication warrants an analysis not only of the new book itself but also of the significance of the whole paedogogical development of casebook materials from the point of view of the student