808 research outputs found

    Habeas Corpus in Canada

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    Habeas corpus is a subject which has not attracted much attention from legal writers and there has been no thorough examimation of the nature of review which may be exercised on habeas corpus.1 The aim of this article is to provide a critical and comprehensive account of the scope of review which is available on habeas corpus in Canada. The subject is a technical one but may be of crucial importance in those situations where habeas corpus is still a useful remedy. It is not proposed to discuss all aspects of the law of habeas corpus but simply to outline the nature of the powers of review which are available. In dealing with any aspect of the law of habeas corpus we are confronted by the vagaries of the common law and with a somewhat bewildering array of technical rules. The remedy as it exists in Canada is derived from English common law and it is important to read the Canadian authorities in the light of their common law origins. This paper aims to explore the common law background, to expound the rules which determine the scope of review and, hopefully, through a careful analysis of the cases, to demonstrate that the scope of review available on habeas corpus is not as narrow as is sometimes suggested

    Injunctions and the Charter

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    In this short essay, Professor Sharpe outlines the challenge that faces the courts in fashioning suitable remedies in Charter litigation. In particular, he recommends that Canadian courts should look to the American experience and adopt it to the Canadian situation. He maintains that there is a constitutional mandate for the innovative and imaginative use of injunctive relief in Charter cases, especially in suits involving structural and institutional claims

    The Constitutional Legacy of Chief Justice Brian Dickson

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    Chief Justice Brian Dickson played a central role in the elaboration of the fundamental values of the Canadian Constitution. He took a balanced approach to federalism, favouring neither federal nor provincial claims and inviting cooperation through overlapping jurisdiction. Dickson transformed the rule of law from a background value to an operative constitutional principle. His judgments on the rights of minorities reflect a remarkable empathy for the plight of the disadvantaged. Democracy informed all aspects of his constitutional thinking. Dickson rejected the contention that judicial review is anti-democratic, and his constitutional legacy reflects a sustained effort to harmonize all four fundament constitutional values

    Access to Charter Justice

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    Introduction to the new usability

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    This paper introduces the motivation for and concept of the "new usability" and positions it against existing approaches to usability. It is argued that the contexts of emerging products and systems mean that traditional approaches to usability engineering and evaluation are likely to prove inappropriate to the needs of "digital consumers." The paper briefly reviews the contributions to this special issue in terms of their relation to the idea of the "new usability" and their individual approaches to dealing with contemporary usability issues. This helps provide a background to the "new usability" research agenda, and the paper ends by posing what are argued to be the central challenges facing the area and those which lie at the heart of the proposed research agenda

    Total Synthesis of Ionic Liquid Systems for Dissolution of Lunar Simulant

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    For purposes of Space Resource Utilization, work in the total synthesis of a new ionic liquid system for the extraction of oxygen and metals from lunar soil is studied and described. Reactions were carried out according to procedures found in the chemical literature, analyzed via Thin-Layer Chromatography and 1H Nuclear Magnetic Resonance Spectroscopy and purified via vacuum distillation and rotary evaporation. Upon final analysis via 1H NMR, it was found that while the intermediates of the synthesis had been achieved, unexpected side products were also present. The mechanisms and constraints of the synthesis are described as well as the final results of the project and recommendations for continued stud
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