University of New Brunswick Law Journal

The University of New Brunswick Law School publishes the University of New Brunswick Law Journal annually. Founded in 1947, this peer-reviewed journal covers the topic of law, specifically legal issues, problems and philosophies.

Articles from Vol. 62, Annual

How Justice Rand Devised His Famous Formula and Forever Changed the Landscape of Canadian Labour Law
INTRODUCTION It is a great pleasure to be back at the Faculty of Law of the University of New Brunswick. I spent part of my first sabbatical as a law professor here--the fall of 1992. I had an office in the law library and had an excellent time...
Hysteria and Discrimination: Canada's Harsh Response to Refugees and Migrants Who Arrive by Sea
FOREWORD The recent arrival of two ships carrying Tamil refugee claimants has caused much debate and discussion in the media, and spurred the Canadian government to table proposed new legislation, Bill C-49, Preventing Human Smugglers from Abusing...
L'acces Au Statut De Resident Permanent Pour Les Travailleurs Temporaires Oeuvrant Sur le Territoire Quebecois
RESUME Apres une analyse de l'evolution des pouvoirs quebecois en matiere d'immigration economique, cet article presente les programmes de selection des travailleurs etrangers applicables au Quebec et analyse la mesure dans laquelle les travailleurs...
Learning from Britain's Mistakes: Best Practices and Legislative Revision in Canadian Immigration Law
INTRODUCTION In the decade following 11 September 2001, the Canadian and British governments adopted many controversial legal measures to fight terrorism. They especially turned to stricter immigration laws to exclude and remove more easily those...
Mental Health Law Reform for a New Government in New Brunswick
1. Introduction In February 2009, after almost a year of consultations with experts on mental health care, service providers, and people suffering from a range of mental illnesses, Judge Michael McKee released his report entitled Together into the...
Of What Practical Benefit Is Practical Benefit to Consideration?
INTRODUCTION Modification of ongoing contractual transactions is an everyday occurrence both in commercial and consumer contracts, especially consumer contracts involving the provision of services to consumers, as well as in relation to contracts...
Process and Substance: Charkaoui I in the Light of Subsequent Development
INTRODUCTION The Canadian security certificate regime found in the Immigration and Refugee Protection Act 2001 (1) provides for the removal of non-citizens on security grounds and detention pending removal. In February 2007, by way of a unanimous...
Queue the Rhetoric: Refugees, Resettlement and Reform
INTRODUCTION The day before Citizenship and Immigration Canada (CIC) introduced the legislative package to reform Canadian refugee law in 2010, the Ministry announced an expansion of Canada's resettlement program to bring over more needy refugees....
Sponsorship Bars and Conditional Permanent Residency: Coming Soon to the Spousal Sponsorship Program?
INTRODUCTION Recently, a debate has emerged in the Canadian immigration community regarding how to combat marriage fraud. News stories about individuals who have sponsored spouses, only to watch those spouses abandon them shortly after they arrive...
Title: Section 24(2): Does the Truth Cost Too Much?
"Truth, like all other good things, may be loved unwisely--may be pursued too keenly--may cost too much." (1) The Supreme Court of Canada in its 2009 Grant trilogy (2) significantly shifts the Canadian rationale for excluding probative evidence...