Not exact matches
I clicked on the «Settled Principles» tab
to find 30 well - settled principles for public records, such as this statement from a California appellate decision, «[I] t is well established that the media has no greater
right of access to public records than the
general public,» and this from a Florida
court, «It is well - settled that public records and reports or business records are admissible as an exception
to the hearsay rule provided they are authenticated by a custodian.»
In a case decided yesterday by the
General Court this tension between secrecy needed for the effective conduct
of negotiations and the
right of citizens
to be informed was readily apparent in determining whether the Commission was acting lawfully in its decision
to refuse
access to documents related
to those negotiations
to European Member
of Parliament Sophie in «t Veld.
Both Wiley and Kirtsaeng proposed that the
Court provide guidance
to district
courts in order
to direct their discretion in determining whether
to award attorney's fees
to a prevailing party «towar [d] the purposes
of the Copyright Act,» which the
Court articulates as «enriching the
general public through
access to creative works» and «enhancing the probability that both creators and users... will enjoy the substantive
rights» provided by the Copyright Act.
It follows that the issue then becomes whether the exemptions under the
Court Rules Act can be interpreted so that they are consistent with the common law
right of access to civil justice, which is preserved, as the Attorney
General submits, by the
Court Rules Act.
The current rule was expressed in Halsey v Milton Keynes
General NMS Trust as follows: «It seems
to us that
to oblige truly unwilling parties
to refer their disputes
to mediation would be
to impose an unacceptable obstruction on their
right of access to the
court.»
Guest columnist Anastasia Konina, writing recently in the online journal Jurist, says: «the proposed system
of consumer
rights enforcement has been heavily criticized for a number
of reasons, such as «putting efficiency above judicial scrutiny,» loss
of public
access, pressure due
to general confidentiality
of ADR and ODR proceedings and banning
access to courts.»
Although the Supreme
Court of Canada held in Christie that a «general access to legal services in relation to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the popula
Court of Canada held in Christie that a «
general access to legal services in relation
to court and tribunal proceedings dealing with rights and obligations» is not a fundamental aspect of the rule of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control of any kind, even when, as now, it has made legal services unavailable at reasonable cost to a large majority of the popula
court and tribunal proceedings dealing with
rights and obligations» is not a fundamental aspect
of the rule
of law (see paras. 23 - 27), it does not follow that the legal profession can preserve its monopoly over legal services free from government regulation or control
of any kind, even when, as now, it has made legal services unavailable at reasonable cost
to a large majority
of the population.
Business Development: Brokering various business dealings that further the diversification
of Indian economies Developing and
accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and
general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas
of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal
court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas
of treaty
rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee -
to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty
rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal
courts, including defense tenders pursuant
to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal
court appeals, including the preparation
of amicus curiae briefs Our Indian law & gaming attorneys collaborate
to publish the quarterly «Indian Legal Advisor ``, designed
to provide Indian Country valuable information about legal and political developments affecting tribal
rights.
This presumption
of guardianship and the
general reluctance
of the
courts to remove guardianship or a
right of access from a parent may explain the lower rate
of cases resulting in limited contact or no contact between the child and a parent reported by Alberta respondents compared
to those from the rest
of Canada.
The ECJ's decision followed the opinion
of an advocate -
general that the
right of access to a national
court was a fundamental
right under EU law and denial
of such
right would be contrary
to the
right to effective judicial protection.
By: Jennifer Koshan PDF Version: Human
Rights, the Charter, and
Access to Justice Case Commented On: Canadian Human
Rights Commission v. Canada (Attorney
General), 2016 FCA 200 (CanLII) This summer, the Federal
Court of Appeal upheld the ruling
of the Canadian... Continue reading →
The Council
of Canadians with Disabilities, a national human
rights organization, will be appearing before the Supreme
Court of Canada in Mowat v. Canada (Attorney
General), an appeal about
access to justice for victims
of discrimination.
In our view, it is difficult
to reconcile the Supreme
Court of Canada's 1988 decision in BCGEU v. British Columbia (Attorney General), confirming that every Canadian citizen has the fundamental right to unimpeded access to the courts, with the notion of Canada's superior courts operating as a default user - pay system of justice, subject to an individual establishing an entitlement to an exemption from court
Court of Canada's 1988 decision in BCGEU v. British Columbia (Attorney
General), confirming that every Canadian citizen has the fundamental
right to unimpeded
access to the
courts, with the notion
of Canada's superior
courts operating as a default user - pay system
of justice, subject
to an individual establishing an entitlement
to an exemption from
court court fees.
While the Supreme
Court of Canada acknowledges the crucial role lawyers play in assisting individuals in
accessing justice, it does not read a
general constitutional entitlement
to legal assistance into the Charter
of Rights and Freedoms.