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"For Canadian litigation lawyers who are confronted with the question of whether to sue in the U.S. or in Canada, finally here is a book which offers guidance for evaluating the best forum and identifying the relevant factors.
Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute and opposing litigants – and governments often wield this power strategically. Through a reference case, elected officials can insert the courts and the judiciary into political debates that can be both contentious and normative. Seeking the Court’s Advice is the first in-depth study of the reference power, drawing on over two hundred reference cases from 1875 to 2017. With novel insight and analysis, Kate Puddister demonstrates that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.
This practical guide provides immediate solutions to common and unfamiliar evidentiary problems that can arise in civil, criminal, family or administrative proceedings. Difficult concepts are simplified for easy understanding and instant use in court. The author takes the common law and the provincial and federal Evidence Acts to their essentials. This seventh Edition is fully updated to account for the rapidly changing laws of evidence, including revisions to the sections on expert testimony, false confessions and settlement privilege along with new sections on misapprehension of evidence and unreasonable verdicts, demeanor evidence and alibi. This publication is a must-have for any lawyer dealing with evidentiary issues, as well as judges, law students and professors, and law clerks and papalegals.