Halsbury's Laws of Canada – Expropriation (2019 Reissue) / Extradition and Mutual Legal Assistance (2019 Reissue) / Forestry
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Jeffrey Lem, B.Comm., J.D., LL.M. & Gavin Hole, B.Eng., J.D.
While expropriation is carried out in the greater public interest, the potential for conflict and costly damages amongst those directly affected by these public projects is high. Today's expropriation practitioner must be savvy in all facets of the expropriation process, including negotiation, options for challenging the decision to expropriate and issues arising throughout the entire litigation process.
The Halsbury's Expropriation (2019 Reissue) title is an essential reference for those representing land owners facing possible expropriation and expropriating authorities seeking to acquire land. Unlike other texts with only a provincial focus, this national resource details the application and procedure of the Expropriation Act in each province and territory, as well as the title determinations, vesting of interests, possession, use of land and abandonments of expropriations and compensatory principles unique to the jurisdiction.
Topics in this invaluable national reference include:
The Nature of Expropriation
- Principles of expropriation and compensation
- Bill of Rights and constitutional issues
- Reserve lands
Federal, Provincial and Territorial Regulation of Expropriation
- Application of the Expropriation Act
- Procedure for expropriation
- Notice of intention to expropriate
- Public inquiries
- Abandonment of intention or approval of expropriation
- Title determinations, inspections and appraisals
- Vesting of interests, possession and use of land and abandonments of expropriations
- Negotiated settlements
- Proceedings in court
- Determination of compensation
EXTRADITION AND MUTUAL LEGAL ASSISTANCE
Gary Botting, M.A., Ph.D. (English), M.F.A., LL.B., LL.M., Ph.D. (Law)
As globalization continues to melt borders around the world, extradition laws in Canada have become a vehicle for securing our nation and achieving positive diplomatic relations abroad. Extradition in Canada is governed by statute and by treaty law, resulting in a cross-section of criminal law, constitutional law, human rights law and public international law. Written by the pre-eminent expert in the field of extradition, the Halsbury's Extradition and Mutual Legal Assistance (2019 Reissue) title untangles the complex web of Canada's extradition regime and provides an indispensable guide to the balancing of rights and obligations in dealing with extradition requests and meeting legislative and treaty obligations, as well as a succinct overview of the mutual legal assistance regime on obtaining evidence for use abroad.
Topics in this essential reference include:
The Extradition Process
- Extradition partners
- By-passing of extradition proceedings
- Application of the Charter
- Extradition requirements
Request for Extradition, Arrest and Detention
- Provisional arrest
- Authority to proceed
- Arrest and detention of person subject to authority to proceed
The Committal Hearing
- Powers of the extradition judge
- Person sought for imposition or enforcement of a sentence
- Appeal from order of committal or discharge
Mutual Legal Assistance in Criminal Matters
- International agreements
- Search and seizure
- Inadmissible persons
Gavin Hole, B.Eng., J.D., Brian D. Gilfillan, B.S.F., LL.B., RPF & Garry Mancell, B.S.F., LL.B., RPF
Forestry law deals with the governance, management and protection of forest resources in Canada, striving to strike a balance between forest preservation, the timber industry and reforestation initiatives. The new Halsbury’s Forestry title provides practitioners with the necessary guidance to determine the authority responsible for administering forest lands, to navigate the applicable federal, provincial or territorial regime, and to manage and harvest the forest resources on those lands.
Topics in this new national reference include forest governance, forest fires and forest management and utilization.
Table of contents
1. Principles of Expropriation and Compensation
2. Bill of Rights and Constitutional Issues
3. Reserve Lands
II. Federal Regulation
1. Application of the Expropriation Act
2. Procedure for Expropriation
3. Title Determinations, Inspections and Appraisals
4. Vesting of Interests, Possession and Use of Land and Abandonments of Expropriations
III. Provincial and Territorial Regulation
2. British Columbia
4. New Brunswick
5. Newfoundland and Labrador
6. Nova Scotia
8. Prince Edward Island
11. Northwest Territories and Nunavut
EXTRADITION AND MUTUAL LEGAL ASSISTANCE
1. Extradition Law
2. Extradition Partners
3. Overview of the Extradition Process
4. By-Passing of Extradition Proceedings
5. Application of the Charter
6. Extradition Requirements
II. Preliminary Issues – Request for Extradition, Arrest and Detention
1. Provisional Arrest and Extradition
2. Authority to Proceed (ATP)
3. Arrest and Detention of Person Subject to ATP
III. The Committal Hearing
2. Powers of the Extradition Judge
3. Date and Place of Committal Hearing
4. Publication Bans
5. Exclusion of Persons from Court
6. Evidentiary Issues
7. Person Sought for Imposition or Enforcement of a Sentence
8. Date of the Offence
9. Committal or Discharge Order
10. Appeal from Order of Committal or Discharge
IV. Surrender to Extradition Partner
1. Procedural Issues
2. Decision to Order Surrender
3. Judicial Review of Surrender Order
4. Conveyance or Transit of Person Subject to Surrender Order
V. Extradition from Foreign State to Canada
1. Request for Extradition
2. Application of the Charter
3. The Principle of Specialty
4. Conveyance of Surrendered Person
5. Temporary Surrender of Extradited Person
VI. Mutual Legal Assistance in Criminal Matters
2. Implementation of International Agreements and Arrangements
3. Foreign Investigations or Other Proceedings in Respect of Offences
4. Search and Seizure Issues
5. Evidentiary Issues
6. Detained and Inadmissible Persons
I. Forest Governance
1. Legislative Authority
2. Forest Land Ownership
II. Forest Fires
III. Forest Management and Utilization
1. Federal Regulation
3. British Columbia
5. New Brunswick
6. Newfoundland and Labrador
7. Nova Scotia
9. Prince Edward Island
12. Northwest Territories and Nunavut
13. Yukon Territory
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