UTGB Vol 5.pdf - Robson Hall Faculty of Law

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PUBLICATION INFORMATION • Copyright © 2008 Underneath the Golden Boy • ISSN 1911#5245 • Cite as (2008} Vol. 5 Underneath the Golden Boy • Printed on recycled and acid#free paper • Published annually on behalf of the Faculty of Law, University of Manitoba • Annual Subscription Rate: Canada: $15.00 • Back Issues available from: Faculty of Law University of Manitoba Email: maria_tepper@umanitoba.ca ACKNOWLEDGEMENTS Underneath the Golden Boy gratefully acknowledges the support of the Asper Chair of International Business and Trade Law, the Manitoba Law Foundation and the Legal Research Institute of the University of Manitoba. THE ASPER CHAIR OF INTERNATIONAL BUSJNESS AND TRADE LAW was established in 1999 at the Faculty of Law of the University of Manitoba. Its mandate includes teaching, research and publication. THE UNIVERSITY OF MANITOBA LEGAL REsEARCH INSTITUTE promotes research and scholarship in diverse areas. INFORMATION FOR CONTRffiUTORS The editor invites the submission of articles, case comments, and reviews. The submission cannot have been previously published. AU multiple submissions should be clearly marked as such. A copy of the article in WordPerfect or Microsoft Word should accompany the submission. Submissions should conform to the Canadian Guide to Uniform Legal Citation. 6th Edition. Contributors should, prior to submission, ensure the correctness of all citations and quotations. Authors warrant that their submissions contain no material that is false, defamatory or otherwise unlawful, or that is inconsistent with scholarly ethics. Initial acceptance of articles by the editorial board is always subject to approval by one or more external reviewers. The Board reserves the right to make such changes in manuscripts as are necessary to ensure such objectives as correctness of grammar, spelling, punctuation, clarity, conciseness and conformity to Underneath the Golden Boy style. Authors whose articles are accepted agree that in the discretion of the editor, they may also be published not only in print form, but posted on a website maintained by the journal or published in electronic versions maintained by services such as Quicklaw, Westlaw, Lexis Nexis and Hein Online. Authors will receive a complimentary copy ofUnderneath the Golden Boy in which their work appears. Manuscripts and communications should be directed to: Editorin-Chief Underneath the Golden Boy 4th floor Robson Hall, Faculty of Law University of Manitoba Winnipeg, Manitoba R3T 2N2 Phone: 204.474-6142 Fax: 204.4801084 email: bschwar@cc.umanitoba.ca PRODUCTION The Editorial operation of Underneath the Golden Boy, including editing and typesetting, is conducted in house using Word 2003 for Windows. The text of Underneath the Golden Boyis set in Goudy Old Style and is printed by Country Graphics & Printing Ltd., Rosenort, Manitoba, ROG lWO.
Underneath the Golden Boy contents INTRODUCTION •...•••••••..•..•••••••.....•••••••..•••.•.••••••.•••••....••••••••••••..•••••••••• i ARTICLES ON DEMOCRATIC REFORM Fixed Date Elections BRYAN SCHWARTZ Et ANDREW BUCK •••••••....•••••••••••..•.••••••••••••••••••••••••••••• ! Inquiries BRYAN SCHWARTZ EtANDREW BUCK ..................................................... 13 Partisan Advertising by Incumbent Governments BRYAN SCHWARTZ 8: ANDREW BUCK ..................................................... 25 Minimum Sitting Dates BRYAN SCHWARTZ Et ANDREW BUCK ..................................................... 39 REVIEWS Employment Standards that Work for Women DEBRA PARKES•••••••..•••••••••••••.••••••••••••.•••••••••••..•.••••••••••••.••••••••••••••.• 49 Response to Consultation Paper on Franchise Law BRYAN SCHWARTZ, JOHN POZIOS Et LEANDRO ZYLBERMAN .......................... 83 Bill210, The Highway Traffic Amendment Act (Bicycle Helmets) LANA JACKSON••••••••••••••••••..••••••••••••••••••••••••••••.••••••••••••..••••••••••••.•. 145
Page 1: Underneath the Golden Boy Volume V
Page 5 and 6: Introduction Academic commentary in
Page 7 and 8: Fixed Date Elections BRYAN SCHWARTz
Page 9 and 10: • Stockwell Day was elected leade
Page 11 and 12: date and provide for elections ever
Page 13 and 14: The Constitution Act, 1982 32 and t
Page 15 and 16: No one really supposes that there i
Page 17: duration without infringing on the
Page 20 and 21: 14 Underneath the Golden Boy comple
Page 22 and 23: 16 Underneath the Golden Boy scanda
Page 24 and 25: 18 Underneath the Golden Boy might
Page 26 and 27: 20 Underneath the Golden Boy of che
Page 28 and 29: 24 Underneath the Golden Boy though
Page 30 and 31: 26 Underneath the Golden Boy public
Page 32 and 33: 28 Underneath the Golden Boy Simila
Page 34 and 35: 30 Underneath the Golden Boy III. A
Page 36 and 37: 32 Underneath the Golden Boy Cabine
Page 38 and 39: 34 Underneath the Golden Boy with i
Page 40 and 41: 36 Underneath the Golden Boy A. The
Page 42 and 43: 38 Underneath the Golden Boy D. Inc
Page 44 and 45: 40 Underneath the Golden Boy the sc
Page 46 and 47: 42 Underneath the Golden Boy It fol
Page 48 and 49: 44 Underneath the Golden Boy its pl
Page 50 and 51: 46 Underneath the Golden Boy Minist
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Employment Standards that Work for
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I. lN1RODUCTION We commend the Mani
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• The need for employment equity
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The Supreme Court of Canada has sai
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To be clear, those most in need of
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When asked about their decision to
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dealing with inequality of bargaini
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.c.mptoyment .)Umaaras mat worK. JO
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Averaging agreements are often soug
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B. Exclusions from the Code The Dis
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a 1995 employment standards decisio
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unjustified breach of the agricultu
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other important matters relating to
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entitled to at least one week per y
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that such deductions can never be p
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that their initial experiences with
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A growing portion of the labour for
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Response to Consultation Paper on F
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protects individuals, already has a
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Pizza Ltd., 18 demonstrated that fr
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assets are often at risk through th
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over its investment as the determin
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no later than 60 days after receivi
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franchisee's decision to purchase w
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franchisor's legal history. However
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------------------ ·---- the other
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time, including a wrap will allow f
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during and after the term of this a
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selection documents from the defini
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Section 11 of the Regulations Made
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itter experience for all concerned.
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This decision is of particular impo
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A right of action should also be gr
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easonable time to remedy the breach
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different renewal provisions in sev
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Iowa and allow non renewal only whe
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training; (3) the section in a subs
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Although implementing a regulatory
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contains numerous lawsuits commence
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agreement was that disputes should
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in the regulations, the ULCC create
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for appointing the mediator; place
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Disclosure)2000, P.E.I!sFranchises
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In contrast to all Canadian franchi
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adopting franchise legislation, Man
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Manitoba should require a tran.clh,
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5. Exemptions: • Is the ability t
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1-'1--'1- Underneath the uolden boy
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146 Underneath the Golden Boy II. B
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148 Underneath the Golden Boy enact
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150 Underneath the Golden Boy that
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152 Underneath the Golden Boy even
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154 Underneath the Golden Boy weari
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156 Underneath the Golden Boy has f
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158 Underneath the Golden Boy and C
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And Justice for All-Bill 47, The Le
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law. In principle legal aid dates b
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such groups. 18 After the opening o
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addressed the cutbacks that had bee
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incorporating greater detail into h
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:t HC LtgUl UU ;JC I V'CtJ ;JOC LJ
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4. Legal Aid Lawyers' Association -
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The committee examined and passed e
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implementation of a change and/or a
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Mr. Currie has concluded that quali
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Bill 34, The Highway Traffic Amendm
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(a) a person's death is alleged to
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suspended for one year after the fi
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from Manitoba Justice's Policy, Dev
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.1. ne rugnway L TU.JJlC .n.rnenu.m
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1ne ntgnway 1 TaJJlC fi.menament r\
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provide advice for separated or div
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leads one to think that the primary
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A Prescription in the Public Intere
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people who would advance therapies
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or prevailing practice. The likely
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III. PRACTICAL CONSEQUENCES OF BILL
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treat someone with bipolar depressi
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1ne LVtemcm 1"\.menamem; 1"\.cr LU1
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several personal accounts of succes
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V. CRITIQUES OF BILL 207 Finding ef
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stresses that the College has two p
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would be an extension of that." 79
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when public glare does not intrude.
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Appendix: Private Members' Public B
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Table 2:Sponsors, Titles and Passag
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224 Underneath the Golden Boy The S
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226 Underneath the Golden Boy in th
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228 Underneath the Golden Boy would
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230 Underneath the Golden Boy the a
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232 Underneath the Golden Boy excep
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234 Underneath the Golden Boy IV. C
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236 Underneath the Golden Boy II. A
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238 Underneath the Golden Boy premi
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240 Underneath the Golden Boy expre
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242 Underneath the Golden Boy conse
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244 Underneath the Golden Boy Oppos
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246 Underneath the Golden Boy subsi
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248 Underneath the Golden Boy C. Th
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250 Underneath the Golden Boy impor
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Bill 7, The Architects and Engineer
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is really the following: which jobs
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contacted in this case, and when th
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• To provide clarity and certaint
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them at all. In factt he explained
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The proposed change from < supervis
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E. Report Stage Amendments On 29 No
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design in one jurisdiction may not
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power has been given to the Joint B
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implementation to give the MAA time
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Bill 207, The Personal Information
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codification of the principles and
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C. History in the Legislature The b
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Like PIPEDA, PIPITPA requires organ
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• The Commissioner gives a nonbin
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.. , u:; .1. t:, wrt'u mrorman:on r
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e subject to both pieces of legisla
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J.rtt: r ·• muu mrormatzon rro1:
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that time. 91 The review process is
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at "fine,tuning" PIPEDA to harmoniz
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Bill Title Sponsor Type Notee¥ H.B
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Bill Title Sponsor Type Notedl RB.
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Bill Title Sponsor Type Notecf H.B.
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BiD Title Sponsor Type Notedl H.B.z
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Bill No. Title Sponsor Type Notecfl
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Bills Passed in the 4th Session of
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Bill Title Sponsor Type Noted'- H.B
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Bill Title Sponsor Type Noted 1 H.B
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BiD Title Sponsor Type Noted H.B. 2
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Bill Title Sponsor Type Noted H.B.
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Bill No. Title Sponsor Type Notecf
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AppendixC Bills Passed in the 5th S
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Bill No. Tidel Sponsor Type Note£1
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Bill Tide 1 Sponsor Type Note" H.B.
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Bill Tide'- Sponsor Type Noteif H.B
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Bill Tide 1 Sponsor Type Noted - H.
Page 331 and 332:
Dlll !ttle' Sponsor Type Note& H.B!
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