Recent Books

 

Law's Indigenous Ethics

imageLaw’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools.

With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.

John Borrows, Law's Indigenous Ethics, (University of Toronto Press, 2019).

 

Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teaching

Resurgence and reconciliationThe two major schools of thought in Indigenous-Settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self-determination and cultural renewal whereas reconciliation refers to practices of reconciliation between Indigenous and Settler nations, such as nation-with-nation treaty negotiations.

Resurgence and Reconciliation is multi-disciplinary, blending law, political science, political economy, women's studies, ecology, history, anthropology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them.

Michael Asch, John Borrows and James Tully, eds., Resurgence and Reconciliation: Indigenous-Settler Relations and Earth Teachings (University of Toronto Press, 2018).

 

Out There Learning: Critical Reflections on Off-Campus Study Programs

Out there learningUniversities across North America and beyond are experiencing growing demand for off-campus, experiential learning. Exploring the foundations of what it means to learn "out there," Out There Learning is an informed, critical investigation of the pedagogical philosophies and practices involved in short-term, off-campus programs or field courses. Bringing together contributors’ individual research and experience teaching or administering off-campus study programs, Out There Learning examines and challenges common assumptions about pedagogy, place, and personal transformation, while also providing experience-based insights and advice for getting the most out of faculty-led field courses.

Deborah Curran, Cameron Owens, Helga Thorson, and Elizabeth Vibert, eds. Out There Learning: Critical Reflections on Off-Campus Study Programs (University of Toronto Press, 2018).

  

Common Sense and Legal Judgment: Community Knowledge, Political Power and Rhetorical Practice

Common Sense and Legal JudgementWhat does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light.

Patricia Cochran, Common Sense and Legal Judgment: Community Knowledge, Political Power and Rhetorical Practice, (McGill-Queen’s University Press, 2017). 

  

The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness

The art of science in the Canadian justice systemPart autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, not only in the Canadian courts, but the justice process as a whole. Dr. Ferguson's experience--from a scientist and medical professional's perspective--in dealing with lawyers, judges, and the process of testifying in numerous court--offers a unique glimpse into how the two worlds of science and law don't always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out.

Charles Ferguson & David Milward, The Art of Science in the Canadian Justice System: A Reflection on my Experiences as an Expert Witness (Taylor & Francis, 2017).

   

The Right Relationship: Reimagining the Implementation of Historical Treaties

imageThe relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations.

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

John Borrows and Michael Coyle, eds., The Right Relationship: Reimagining the Implementation of Historical Treaties (University of Toronto Press, 2017).

 

Freedom and Indigenous Constitutionalism

Freedom and Indigenous constitutionalismIndigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance.

John Borrows, Freedom and Indigenous Constitutionalism (University of Toronto Press, 2016).

 

 

The Responsibility to Protect in International Law: An Emerging Paradigm Shift

The responsibility to protect in international lawThis book considers a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild.

This doctrine is analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law.

Susan BreauThe Responsibility to Protect in International Law: An Emerging Paradigm Shift Routledge Research in International Law (Routledge, 2016).

  

The Public-Private Nature of Charity Law

The public-private nature of charity lawIs charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise.

Kathryn Chan, The Public-Private Nature of Charity Law (Hart Bloomsbury, 2016).

 

Workers and the Global Informal Economy: Interdisciplinary Perspectives

Workers and the global informal economyThe global financial crisis and subsequent increase in social inequality has led in many cases to a redrawing of the boundaries between formal and informal work. This interdisciplinary volume explores the role of informal work in today’s global economy, presenting economic, legal, sociological, historical, anthropological, political and cultural perspectives on the topic.

Workers and the Global Informal Economy explores varying definitions of informality in the backdrop of neo-liberal market logic, exploring how it manifests itself in different regions around the world, and its relationship with formal work. This volume demonstrates how neo-liberalism has been instrumental in accelerating informality and has resulted in the increasingly precarious position of the informal worker.

Vando Borghi and Supriya Routh, eds., Workers and the Global Informal Economy: Interdisciplinary Perspectives (Routledge, 2016).

  

Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings 

Indigeneity and legal pluralism in IndiaAs calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems.

Pooja Parmar, Indigeneity and Legal Pluralism in India: Claims, Histories, Meanings (Cambridge University Press, 2015).

 

International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand

International law and the politics of the arctic oceanThis book is a collection of essays in honor of Professor emeritus Donat Pharand by leading Arctic experts from around the globe. The volume offers a clear, concise and detailed analysis of many of the issues an expanded use of the Arctic Ocean raises and of critical importance for the legal and political processes unfolding in the Arctic region.

Suzanne Lalonde and Ted L. McDorman, eds., International Law and Politics of the Arctic Ocean: Essays in Honor of Donat Pharand (Brill Nijhoff, 2015).

 

 

 

Enhancing Capabilities through Labour Law: Informal Workers in India

Enhancing capabilities in labour lawIn 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards.

This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law.

Supriya Routh, Enhancing Capabilities through Labour Law: Informal Workers in India (Routledge, 2014).

 

 

Personal Injury Damages in Canada

imageThis treatise is the leading Canadian reference work on the assessment of personal and fatal injury damages. The book provides comprehensive coverage of cases, legal principles and commentary including future directions for development of the law.

The third edition is a completely revised and thoroughly updated edition of the 1981 and 1996 treatises on assessment of damages for personal injury and death in Canada. Topics of special note include a discussion of lump sum or periodic payments; proof of damages; aggravated and punitive damages; voluntary services by family members; loss of earning capacity, loss of earnings for injured children and students, and for women; loss of homemaking capacity and loss of interdependent relationship; the lost years problem; cost of care and state benefits; third party claims for non-pecuniary losses; claims by unaware and elderly plaintiffs; collateral benefits; fatal accident legislation; survival action statutes; factual causation; the thin and crumbling skull principles; and recovery for psychological harms. Recent Supreme Court of Canada decisions are considered in detail.

Ken Cooper-Stephenson and Elizabeth Adjin-Tettey, Personal Injury Damages in Canada, 3rd ed. (Thomson Reuters, 2018)

Canadian Criminal Jury Instructions

imageYou know how much work is involved in a criminal jury trial—research, case law analysis, the elements of the charge. Canadian Criminal Jury Instructions (CRIMJI) puts all of the legal research that goes into preparing a jury instruction to work for you. Guided by a cross-Canada editorial board, this authoritative resource provides you with over 150 model instructions on trial procedures, evidence, and major offences and defences. Each instruction gives you an outline of key components of the instruction, discusses relevant case law, and highlights alternatives and notes of caution.

Michael R. Dambrot and Gerry Ferguson, Canadian Criminal Jury Instructions (Continuing Legal Education, 2018)
 

Global Corruption: Law, Theory & Practice

Authored by Professor Gerry Ferguson, Distinguished Professor at the University of Victoria Faculty of Law, Global Corruption: Law, Theory and Practice, Third Edition is the first course book of its kind on anti-corruption. As sponsors of the book, the CBA Anti-Corruption Team (CBA-ACT) reviewed and provided input into the content. It is a comprehensive account of the historical, social, economic and political dimensions of corruption and compares the US, UK and Canadian Anti-Corruption regimes. The book is available in whole or by chapter in both PDF and Word formats. To purchase a print copy of the book, please visit:  https://www.uvicbookstore.ca/general/uvic-publishing

Gerry Ferguson, Global Corruption: Law, Theory & Practice (University of Victoria, 2018) 

 

Corporations and Partnerships: Canada

imageDerived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of business formations in Canada provides quick and easy guidance on a variety of corporate and partnership considerations such as mergers, rights and duties of interested parties, stock exchange rules, labour laws, and takeovers. Lawyers who handle transnational business will appreciate the explanation of local variations in terminology and the distinctive concepts that determine practice and procedure.

A general introduction covering historical background, definitions, sources of law, and the effect of international private law is followed by a discussion of such aspects as types of formation, capital, shares, management, control, liquidation, mergers, takeovers, holding companies, subsidiaries, and taxation. Big companies, various types of smaller entities, and partnerships are all covered in turn. These details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Mark R. Gillen, Corporations and Partnerships: Canada (Kluwer 1992, revised 2008, 2015, 2016, 2017, and 2018)

  

Annual Review of Criminal Law 2017

image The authors, who have written extensively on criminal law, procedure, and sentencing draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments in 2017, detailing how they impact the practice of criminal law in Canada. With the new edition of Annual Review of Criminal Law, it will be like having your own expert consultants to decipher the plethora of statutory and case law.

Steve Coughlan, Michelle Lawrence and Robert J Currie, Annual Review of Criminal Law 2017 (Thomson Reuters, 2017)

  

 

Research Handbook on Disasters and International Law

image International law’s role in governing disasters is undergoing a formative period in its development and reach, in parallel with concerted efforts by the international community to respond more effectively to the increasing number and intensity of disasters across the world. This Research Handbook examines a broad range of legal regimes directly and indirectly relevant to disaster prevention, mitigation and reconstruction across a spectrum of natural and manmade disasters, including armed conflict.

The editors take a broad, encompassing approach to the concept of disaster, concluding that a new corpus of international disaster law may be emerging. Key contributions interweave a number of important themes from an international law perspective across a wide range of discrete topics as diverse as water, food and energy security, dispute settlement, protection of vulnerable groups, cyber terrorism, international criminal law, climate change migration and international economics and trade law. This comprehensive study makes an important contribution to international law scholarship governing disasters, which in the past has largely focused on disaster response and relief law.

Susan C. Breau and Katja L.H. Samuel, eds., Research handbook on disasters and international law. Research Handbooks in International Law (Edward Elgar, 2016)

   

Taxation of Business Organizations in Canada

imageCovering topics from partnership taxation and corporate income taxation, to the taxation of corporate distributions and shareholder benefits and loans, as well as corporate reorganizations, this book is the go-to resource for the most up-to-date case law, commentary and analysis.

David G. Duff and Geoffrey Loomer, Taxation of Business Organizations in Canada (LexisNexis, 2015)

 

 

 

 

The Constitution of Canada: A Contextual Analysis

imageThe book introduces and describes the principal characteristics of the Canadian constitution, including Canada's institutional structure and the principal drivers of Canadian constitutional development. The constitution is set in its historical context, noting especially the complex interaction of national and regional societies that continues to shape the constitution of Canada. The book argues that aspects of the constitution are best understood in 'agonistic' terms, as the product of a continuing encounter or negotiation, with each of the contending interpretations rooted in significantly different visions of the relationship among peoples and societies in Canada. It suggests how these agonistic relationships have, in complex ways, found expression in distinctive doctrines of Canadian constitutional law and how these doctrines represent approaches to constitutional legality that may be more widely applicable. As such, the book charts the Canadian expression of trans-societal constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. 

Jeremy Webber, The Constitution of Canada: A Contextual Analysis (Hart Publishing, 2015)

 

 

Environmental Law: Cases and Materials, Third Edition

imageIn this new edition of Canada's leading environmental law text, Professors Doelle and Tollefson provide a fully updated and much expanded treatise that will be welcomed by students, practitioners and environmental professionals alike. It includes a comprehensive collection of cases, articles, commentary, notes and questions and covers a broad range of topics. This third edition covers the current state of federal, provincial, commonwealth and U.S. environmental law.

Meinhard Doelle and Chris Tollefson, Environmental Law: Cases and Materials, 3rd ed. (Thomson Reuters, 2019)

 

 

Canadian Income Tax Law

imageThis work provides an overview of the foundations of tax law and the critical cases which have shaped each component of the tax regime, uniquely combining the best features of both a textbook and casebook.

David G. Duff, Benjamin Alarie, Geoffrey Loomer and Lisa Philipps, Canadian Income Tax Law, 6th ed. (LexisNexis, 2018)

 

 

 

 

Business Organizations: Practice, Theory and Emerging Challenges

imageBusiness Organizations: Practice, Theory and Emerging Challenges, 2nd Edition is more than just a comprehensive update to Business Organizations: Principles, Policies, and Practice. It provides a detailed discussion of the fundamentals that shape this area of law, and reviews important debates surrounding the nature of business organizations and the role they play in Canadian society. Through this approach, this casebook aims to enhance the reader’s understanding of business organizations, and the ways in which legal and policy decisions impact how they function.

Robert Yalden, Janis Sarra, Paul Paton, Mark R. Gillen, Mary Condon, Carol Liao, Michael Deturbide, Mohamed Khimji, Bradley Bryan and Gary Campo, Business Organizations: Practice, Theory and Emerging Challenges, 2nd ed. (Emond Montgomery, 2017)

 

Remedies: Cases and Materials

imageRemedies: Cases and Materials, 7th Edition is a collection of up-to-date materials covering all areas of remedies law in Canada, including damages, injunctions, specific performance, and equitable relief.

Jeffrey B. Berryman, Vaughan Black, Elizabeth Adjin-Tettey, Michael Pratt, Kent Roach, and Stephen M. Waddams, Remedies: Cases and Materials, 7th ed. (Emond Montgomery, 2016)

 

 

 

Canadian Constitutional Law

image The fifth edition of Canadian Constitutional Law is a significant update to a leading authority on the state of Canadian constitutional law. This text remains true to the structure and purposes of previous editions, especially with regard to the editors’ commitment to the idea that understanding constitutional history is critical to comprehending the present and future of Canadian constitutional law.

This interdisciplinary text emphasizes the rich history of various features of the Canadian Constitution. This edition covers key topics such as Indigenous peoples and the Constitution, constitutional history and interpretation, Canadian Federalism, and the Charter of Rights and Freedoms.

Patrick Macklem, Carol Rogerson, John Borrows, R.C.B. Risk, Robin Elliot, Kent Roach, Jean-Francois Gaudreault-DesBiens, Bruce Ryder, Donna Greschner, David Schneiderman, Jean Leclair, Lorraine Weinrib, Ian Lee, Richard Albert, Richard Moon, and Hamish Stewart, Canadian Constitutional Law, 5th ed. (Emond Montgomery, 2016)

 

Law of Trusts: A Contextual Approach

imageThe Law of Trusts, 3rd Edition, edited by Mark R. Gillen and Faye Woodman, traces the development of resulting and constructive trusts to reflect a uniquely Canadian approach. Written by leading scholars in the field, this comprehensive casebook situates the law of trusts in context for its readers, yet extends beyond the normal scope to discuss specialized topics such as unjust enrichment, taxation, and succession planning.

The third edition has been updated and expanded to include a new chapter on the Quebec trust. An overview of the taxation of trusts and beneficiaries has been added to make the subject matter more accessible, and an updated chapter on fiduciary obligations references the Galambos and Elder Advocates cases to reflect the clarified approach adopted by the SCC.

Mark R. Gillen and Faye Woodman, eds., Law of Trusts: A Contextual Approach, 3d ed. (Emond Montgomery, 2015)