Provincial Laws Research Articles

Exploring litigation abuse in Ontario: An analysis of costs decisions

AbstractLitigation abuse is a pattern of conduct that misuses the Family Court process in a way that could reasonably be expected to cause emotional or financial harm to the other party or their children which is greater than would occur with the proper use of the family justice process. Litigation abuse may be motivated by a perpetrator's desire to gain an unfair advantage in the litigation or to control a former partner, or may be the result of anger, vengeance, or mental health issues. Litigation abuse is a particular concern in cases of coercive controlling violence that may victimize women and their children, or in cases that involve parental alienation. Previous empirical research has mainly involved studies of women who report that they have been victims of litigation abuse, with one study focusing exclusively on male victims. No previous study has considered both men and women as possible victims (or perpetrators) of litigation abuse, or the perspectives of neutral professionals like judges for assessing whether there has been litigation abuse. This empirical research project is based on an analysis of Ontario Family Court decisions over a three‐year period dealing with litigation costs, which under provincial law may be awarded at a higher level against a party whom the judge considers acted unreasonably, vexatiously or in bad faith during litigation (n = 222). Men were somewhat more likely to have engaged in litigation abuse than women (53% vs 47%). Self‐represented litigants were roughly twice as likely to engage in litigation abuse, though most cases of litigation abuse involved parties with lawyers. Women were more likely be victims of litigation abuse in economic cases, while men were more likely to be victims of litigation abuse in cases focused on parenting.

The Cultural Position and Stratification of the Bohemo-Moravian Nobility from 12th and 13th Century Provincial Law Sources

The Cultural Position and Stratification of the Bohemo-Moravian Nobility from 12th and 13th Century Provincial Law Sources

Visual Cues to Speakers’ Religious Affiliation and Listeners’ Understanding of Second Language French Speech

Previous research has shown that speakers’ visual appearance influences listeners’ perception of second language (L2) speech. In Québec, Canada, the context of this study, pandemic mask mandates and a provincial secularism law elicited strong societal reactions. We therefore examined how images of speakers wearing religious and nonreligious coverings such as medical masks and headscarves influenced the comprehensibility (listeners’ ease of understanding) and intelligibility of L2 French speech. Four L2 French women from first language (L1) Arabic backgrounds wore surgical masks while recording 40 sentences from a standardized French-language speech perception test. A total of 104 L1 French listeners transcribed and rated the comprehensibility of the sentences, paired with images of women in four visual conditions: uncovered face, medical mask, hijab (headscarf), and niqab (religious face covering). Listeners also completed a questionnaire on attitudes toward immigrants, cultural values, and secularism. Although intelligibility was high, sentences in the medical mask condition were significantly more intelligible and more comprehensible than those in the niqab condition. Several attitudinal measures showed weak correlations with intelligibility or comprehensibility in several visual conditions. The results suggest that listeners’ understanding of L2 sentences was negatively affected by images showing speakers’ religious affiliation, but more extensive follow-up studies are recommended.

The Institutional Construction of Jakarta Special Region

After the State Capital City Law relocated Indonesia's capital to the Nusantara region in East Kalimantan, Jakarta's status changed to that of a special region. This change was ratified with the approval of the Special Region Provincial Law for Jakarta during the Plenary Session of the People's Representative Council on March 28, 2024. Jakarta's unique efforts to become a progressive and sustainable global city necessitate coordination and integration with neighbouring areas, including those within the Jakarta Agglomeration Zone. This study utilises a qualitative approach with a descriptive analysis methodology, gathering data through documentary research involving document collection and analysis. Data analysis techniques included data reduction, display, discussion, and conclusion drawing, with data validity assessed through triangulation. The research aims to recognise the necessity for new institutions to manage Jakarta as a special region and ensure their support for Jakarta's transformation into a globally significant national economic hub, including its surrounding areas. The research findings emphasise the importance of these new institutions, as the capital city area and its supporting regions are no longer considered manageable separately, exacerbated by regulatory differences between central and regional levels.

Language tells another story: when tobacco is cistemaw and the Cree are nêhiyaw

Indigenous peoples’ trade in so-called ‘contraband’ tobacco, as a spate of recent cases in Alberta has shown, causes conflict between Indigenous peoples’ culture, history and sovereignty and federal and provincial laws. And as long as tobacco is defined solely as ‘tobacco’, the illegal trade will remain a criminal matter. But if we ask how First Peoples have named the plant and how such naming connects the plant to their lives and identities, today and in the past, we can locate a new way of thinking that allows the telling of a different story, one that pushes back against the settler state’s encroachments, arrests and indictments, to enable a new view of a present-day practice situated within the continuity of centuries of custom and practice.

Analysis of The Process of Formulation And Publication of The Regulation of The Regency Head Regarding The Allocation of Village Funds in Bogor Regency for The Year 2023

The Regent Regulation (Peraturan Bupati or Perbup) is one type of Regional Head Regulation (Peraturan Kepala Daerah or Perkada) that functions as an implementation tool for higher-level national and provincial laws and regulations. This research is conducted because the Bogor Regency Government has issued a Regent Regulation regarding the Village Fund Allocation (Alokasi Dana Desa or ADD) for the fiscal year 2023, but there has been a delay in its issuance. The research aims to determine whether the process of drafting the Bogor Regency Regent Regulation Number 11 of 2023 concerning the Allocation and Procedures for the Distribution of Village Fund for the Fiscal Year 2023 is in accordance with the Laws and Regulations. The author uses the normative juridical method in this research by obtaining data through literature study and interviews. The data sources used include documents related to the Formation of Laws and Regulations, such as the Ministry of Home Affairs Regulation and other relevant regulations, as well as relevant literature data on the research topic. In addition, interviews were conducted with relevant officials to obtain complete and in-depth information. This research indicates that the formation of regent regulations must follow the mechanisms and procedures stipulated in the laws and regulations, including the stages of drafting, deliberation, guidance/facilitation, determination, numbering, promulgation, authentication, and dissemination. Therefore, procedurally, the process of drafting and issuing Regent Regulation Number 11 of 2023 concerning the Allocation and Procedures for the Distribution of Village Fund for the Fiscal Year 2023 is in line with the provisions of Law Number 12 of 2011 concerning the Formation of Laws and Regulations, as well as the Ministry of Home Affairs Regulation Number 80 of 2015 concerning the Formation of Regional Legal Products.

Evaluation of Cigarette Tax Revenue in Northern Province (Case Study at the Regional Revenue Agency of North Sulawesi Province)

Tax revenue is important for a region, moreover tax revenue is used to support development in the region. Cigarette tax is a levy on cigarette excise collected by the central government. The aim of this research is to evaluate cigarette tax revenue at the Regional Revenue Agency of North Sulawesi Province. The research method used is descriptive qualitative. Data collection methods are interviews and documentation. The results of the research show that the implementation of cigarette tax revenues by BAPENDA of North Sulawesi Province is in accordance with North Sulawesi Governor Regulation number 4 of 2017 concerning Guidelines for Implementing Provincial Tax Profit Sharing and Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments.

The stunted development of unfair competition law in the United States and Canada

Abstract Both the United States and Canada present unfair competition law in a way that is complex and indicative of their kindred beginnings. Sharing a closely paralleled history in the development of unfair competition law, these countries exhibit unique similarities in both substance and approach, likely not found in any other jurisdiction. Born out of English common law, the early trajectory of unfair competition was inextricably linked to trade mark law. Both countries’ legislatures passed ambitious trade mark statutes that created federal regulation of certain areas of unfair competition, while also reserving large areas for the state or provincial legislatures to regulate. Claimants therefore navigate substantial variety in unfair competition protections depending on the cause of action. Even so, obligations under international agreements such as the Paris Convention and interaction with other bodies of law further extend the unfair competition legal landscape. Despite its complexity, the United States and Canada share remarkably similar paths to unfair competition protection. Understanding their history, limited national legislative powers, policy rationales, obligations under international agreements and the interplay between federal and state or provincial law create a rich and multifaceted unfair competition landscape.

Twenty Years After Krieger v Law Society of Alberta: Law Society Discipline of Crown Prosecutors and Government Lawyers

Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly extraprofessional misconduct. Further research remains necessary on the patterns and incentives underlying law society discipline of Crown prosecutors and government lawyers. Nonetheless, the relative rarity of disciplinary proceedings involving Crown prosecutors and government lawyers does not necessarily mean that law societies are neglecting their statutory mandate as it applies to those lawyers. At the same time, law societies may indeed be overly reliant not only on internal discipline of these lawyers by governments as their employers, but also on criminal proceedings as prompts for investigation and discipline.

Towards an ethical and legal framework in archeogenomics: A local case in the Atlantic coast of central Patagonia.

Ethical discussions around ancient DNA (aDNA) research predate the technological breakthroughs that led to the accelerated generation of ancient genomic data, revealing a long-due need to address these aspects in the field. Given the diverse conflicts that genomics has raised towards the communities associated with the Non-living Human Ancestors under study, it has been suggested that the ethical and legal implications of genetically studying present-day and ancient human populations should be considered case-by-case. Nevertheless, the discussions have focused on US and European perspectives. To contribute from a local and Latin American position to the problem, we present the history of consensus and disagreement of the relationships between scientists and Indigenous communities of the Atlantic coast of the central Argentinian Patagonia. We describe how these relationships resulted in the approval of a groundbreaking provincial law that acknowledges the Indigenous community's right to be involved in decision-making concerning their Ancestors. In addition, we emphasize how these established relationships allowed the development of aDNA studies. With this background, we address the main ethical concerns of genomic studies of Ancestors identified in the reference literature and commit to applying some of the recommendations suggested in those ethical guidelines. Then, we reflect on possible negative consequences of ongoing research and propose some suggestions based on personal experiences that will contribute to moving the ethical field towards a more contextualized science with a local perspective.

Legal Rituals and the Church: Evolving Rituals in Swedish Provincial Laws, 1200–1350

Legal Rituals and the Church: Evolving Rituals in Swedish Provincial Laws, 1200–1350

The right to lifelong learning: Addressing policy challenges for late-life learning in Canada

Lifelong learning is essential to support optimum development, cope with life challenges, improve healthy autonomy and contribute to a just, sustainable, and prosperous society. The value of the legal right to lifelong learning is not well understood, tested, or applied, as lifelong learning is rarely extended to all people till the end of life. Education or learning was formally accepted as a human right under the Universal Declaration of Human Rights of 1948. Together with UNESCO Recommendation against Discrimination in Education (1960), these two international agreements ensure access, relevance, and equity of lifelong learning. Possible reasons for low compliance and slow implementation of lifelong learning to the end of life are discussed. Canada’s efforts can serve as a model for lifelong learning policies for later life because, as a federated country, it requires national and provincial laws to work together to achieve the same desired outcome for lifelong learning across thirteen different provinces and territories. Furthermore, for the first time, the 2021 Canadian census provided detailed data for the population aged 65–100 years, and it supports evidence-based policy development regarding for whom, when, what, when, where, and how lifelong learning outcomes can be provided nationally. A combination of need and capacity is a better measure than determining eligibility by age 65–100 years, and the quality of learning should be based on responsiveness to specific needs and its relevance to learners in the last four decades of life. The needs for knowledge range from life management, personal growth, societal contributions, and legacy for the future. Learning options should be continuous, encourage individual choice, and rely on geragogy. To be equitable, learning in later life should be delivered in formal, non-formal, or informal means in residential and institutional settings.

Review: Leveraging an Empire: Settler Colonialism and the Legalities of Citizenship in the Pacific Northwest, by Jacki Hedlund Tyler

This thoughtful—and thought-provoking—book intertwines the history of settler colonialism and the law in Oregon Territory. Well known for its restrictions on African Americans, the territory’s legal apparatus not only excluded Blacks and dispossessed Native people but also introduced novel conceptions of land ownership and forged specific visions of education and citizenship defined by race and gender.Leveraging an Empire rightly envisions Oregon’s territorial laws as a complicated settler expression combined with older Anglo legal traditions. But the ultimate significance of the Oregon experience centers on the “transmission of legal influences from a colony to the empire” (p. xxx). Legal formulations invented in the context of the Pacific Northwest borderlands became powerful precursors to the specific forms of exclusion and discrimination to come. Local laws shaped the emergent settler state.Clear organization and direct prose frames careful intersectional analysis. An overview of Oregon Territory is followed by chapters on Native dispossession, Blackness and enslavement, property rights, education, and suffrage. Settlers created “several provincial laws” that “ran contrary to established policies and conflicted with constitutional amendments.” Nonetheless, “Oregon lawmakers consistently leveraged their location in the Far West and their role as colonizers to keep their controversial laws” (p. 25). Timing and location mattered greatly. In every case, questions of race and gender shaped and were shaped by lawmakers into lived realities. The book ends with an examination of settler colonialism’s ongoing manifestations in Oregon.The careful and extensive use of primary sources is balanced by the appropriate citation of relevant secondary sources. Characterized by the close reading of legislative debates, manuscript collections, and newspapers, the book dives deep into the archives. It also draws on the growing literature on settler colonialism. Finally, the narrative deploys the latest scholarship on continental expansion and federal struggles over the inclusion of slave and free territories.This fine-grained analysis of the Oregon Territory’s legal regime reminds us of the power of local dynamics to shape regional and national norms. Even as the book’s focus on structure leaves out tantalizing questions about how white women, Blacks, Pacific Islanders, Asians, and Indigenous people responded to and resisted settler colonial laws, Leveraging an Empire does exactly what it says it will do with vigor and care.

A Review on `Right to Education` and Related Laws in Pakistan: Elucidate the Status of Elementary Education System in our Country

This study starts by looking at the laws that support different approaches to edification. It then talks about how various studies, as well as surveys, have made it clear that edification is correct under the law, as well as, a fundamental fact in Pakistan. Since the `Right to Education` is of the utmost importance, I have researched various important aspects of RTE by examining previous laws as well as theories to comprehend them. Discussion of Pakistan's educational system, including the various stages of edification as well as the policymaking process for governing the system. Explains the idea of a humanoid as well as a legal `Right to Education`. The theoretical agenda for this edification is based on the findings of the edification status in the territories of Pakistan. It focuses on edification as a fundamental right enhanced by the Pakistani Constitution and begins by providing an overview and demonstrating the validity of Article 25-A. Establish the State's available Constitutional, Provincial, Regional, and International Laws to promote edification. Additionally, this chapter explains how those laws are put into practice. Summarizes the findings of this study and concludes it by identifying problems that arose from studying Pakistani law and the `Right to Education`. In light of the study's findings, I have also offered suggestions for improving our nation's elementary edification system promotion.

Entanglements of Scale: The Beer Purity Law from Bavarian Oddity to German Icon, 1906–1975

Today, the Beer Purity Law (Reinheitsgebot) is presented as a timeless touchstone of German commercial sentiments, but that was not always the case. Until the mid-twentieth century, the law was relatively unknown and unevenly applied across Germany. This began to change thanks to the market protectionism of Bavarian brewers in two conflicts of integration between the 1950s and 1970s. The first was sparked by West German market integration and pitted capital interest Old Bavaria (Altbayern) against consumer practices in Franconia. The second followed a parallel development but was initiated by Western European market integration and set Bavarian and West German brewers and regulators in opposition to Brussels. In both, brewers, fearful that integration threatened their market share, rallied around the Reinheitsgebot to win political allies, cudgel industry outliers and generate popular support through claims to culture and tradition. Analysing the transformation of the Reinheitsgebot, this article theorises the causal ‘entanglements of scale’ by which a little-known provincial law transformed into a German icon.

Provincial Poor Laws and Pauper Auctions: The Elizabethan Welfare System in Colonial Canada

Provincial Poor Laws and Pauper Auctions: The Elizabethan Welfare System in Colonial Canada

A 17. századi protestáns természetjogászok családképe

The history of the development of the matrimonial law is a particularly useful tool for researching and comparing the biblical and Roman law roots of European legal culture. In Western Christianity, the (essential elements of) canonical marriage law had been unified by the second decade of the 13th century. However, the Protestant movements that developed in the first half of the 16th century and their denominational marriage law system led to further fragmentation, which has essentially continued to the present day, notwithstanding the fact that the rise of civil marriage and the secularisation of the law of dissolution in the 19th and 20th centuries meant that denominational marriage law no longer had any civil legal force. The most appropriate method for a historical comparison of Protestant ecclesiastical marriage law is to first consider the doctrines of the founders of the dominant movements on the institution of marriage, focusing on the differences that constituted a breaking point in relation to medieval canon law on marriage. In the Protestant regions of Europe, hundreds of secular (state, provincial and municipal) laws on the marriage law had already been enacted by the 16th century, and their common feature, in addition to the theological background mentioned above, was that they drew on biblical and Roman legal roots, while retaining elements of traditional customary law. In this overview, I will first introduce the Protestant understanding of the virtues of marriage through the example of Martin Luther and Jean Calvin, and then examine how the generation of natural law scholars who followed them, notably Hugo Grotius and John Selden, thought about the marriage bond on this basis.

Differences in a Minor Archive: Feminist Activists and Scholars on Cohabitation

Abstract In an act of minor comparativism, this Article studies feminist writings on unmarried cohabitation from Canada’s jurisdictions of the common law and civil law. It examines activist texts and legal scholarship for and against regulating cohabitants. Reading the English-language literature from the common law provinces and the French-language literature from Quebec, it reports differences in substance, in emphasis, and in what is common sense. Differing approaches to ideas of freedom, autonomy, and choice run throughout. The Quebec literature shows disagreement between activists and scholars. Over time, that literature has moved towards the view in the common law literature. Lessons for comparatists relate to varieties of difference, the definition of legal sources, the asymmetrical role that legal traditions play in majority and minority contexts, and the limits of law in explaining differences. Given the unreliability of initial observations of difference and sameness, comparatists should read a broad range of sources with care and humility.

Medical Cannabis in Canadian Schools: A Scoping Review of Existing Policies.

Objective: An increasing number of children and youth in Canada are taking medical cannabis for complex medical conditions. While they deserve safe and consistent access to pharmacotherapy throughout the day, administrative policies on cannabis use in schools are inconsistent. A scoping review identified policies and publications associated with medical cannabis in Canadian schools. Methods: Five databases (Scopus, PubMed, CINAHL, EMBASE, and Web of Science) were searched to identify scientific literature. Legislation in each province and territory and Ministry of Education webpages were reviewed for pertinent laws and policies regarding cannabis use in schools. Results: The scientific search resulted in 1289 articles. The five included articles pertain to implications for school nurses in the United States, which are not relevant to the Canadian context. A search of Ministry of Education websites identified only one policy with information regarding medical cannabis in schools (from Ontario). Federal legislation (the Cannabis Act) does not specifically address medical cannabis in schools, and there is a lack of consistency in terminology and clarity within provincial and territorial laws. All provinces and territories prohibit smoking and vaping of cannabis on school property and some provinces prohibit any method of cannabis consumption. Conclusions: In Canada, there is a lack of guidance for medical cannabis administration, storage, and disposal in schools, with some policies explicitly prohibiting this type of treatment. This shifts the burden to families to individually create plans school by school. A federally harmonized approach to supporting children who take cannabis for medical purposes ought to be explored.

Lov og lovgivning i middelalderen. Nye studier av Magnus Lagabøtes landslov

Lov og lovgivning i middelalderen. Nye studier av Magnus Lagabøtes landslov