NCube/papyrus huggingface dataset:
L'admission des confessions et le risque d'erreur judiciaire : toute vérité est-elle bonne à dire ?

The study of our "common Law" reveals that the Canadian and English courts were constantly called upon in order to decide on the admissibility of elements of proof involving the participation of the defendant in the assertion of his guilt. Whether it is confessions obtained from a suspect during a police interrogation, or the testimony given by a defendant during the course ofthe legal process (for example, at the time of a trial of an accomplice or a first trial for which the verdict was cancelled by a court of appeal), we notice that the State regularly tried to prove the guilt of a defendant by way of his own statements. We generally try to justify the recourse to this method of obtaining proof by invoking that the statements made by a defendant are by far the best proof of his guilt and thus help the judge to uncover the truth. It appears, however, that over the years the State often abused this power and that ensuing convictions were sometimes obtained with a disregard of the rights of the defendants; in particular, the right to a fair trial and the right even more fundamental not to be constrained to provide against his will, a proof likely to establish his guilt in his own trial. In addition, many legal updates in the recent years in Canada c1early show that verdicts of guilt were also incorrectly pronounced against defendants on the faith of confessions which were later proved to he false. As such, it appears important to determine ifthis type ofproofretains its legitimacy today in regards to two of the great theories of criminallaw: the "Theory of Risk Management" and the "Theory of Justice" or the equity of the trial. More generally, this study seeks to answer the following question: "In Canadian criminallaw, does the end (search for the truth) justify the means used to uncover it?"

Keyphrases: Admission des confessions, Ruses policières, Criminal Law, Admission of Confessions, Police Tricks, Search for the Truth, Fair Trial, Wrongful Convictions
Analyse comparative du concept de malhonnêteté en droit criminel et en droit des sociétés

There presently is a problem regarding the comprehension of the concept of dishonesty relating to fraud. Fraud can be the result of deceit, falsehood or other fraudulent means. This last notion is determined objectively, by reference to what a reasonable person would consider to be a dishonest act. Considering that the notion of dishonesty has no definition, a confusion exists especially when it cornes to economic crimes. Due to the fact that directors are compelled to respect an obligation of good faith and loyalty, we will refer to the general principles that exist in corporate law in order to define what can be qualified as dishonest behaviour. The first part is a summary of the general principals relating to corporate law. In fuis part we describe sorne behaviours which are considered as dishonest. From this analysis, we have come to the conclusion that dishonesty is understood as being an obstacle to the common project ofthe investors, and not in relation to property. The second part relates to criminal law. Some of the behaviours that were described as being part of other fraudulent means by justice McLachlin are analyzed. A reference to the general principles of corporate law is made when needed. Other offences like secret commissions and insider trading are also part of the analysis. Dishonesty pertaining to criminal law is described in relation to property. However, a lack of loyalty being also denounced, the notion of the best interest of the company, as in corporate law, remains relevant.

Keyphrases: Directors, Fraud, Dishonesty, Honesty, Loyalty
Diffusion du droit et Internet en Afrique de l'ouest

Access to legal information in West Africa is difficult and restricted because of a weak dissemination network. The insufficient publication and distribution of national legal resources can partly be attributed to a lack of financial and material resources. Over the past ten years, legal resource publication projects on the Web have been developed to offer free access to public legal information. This type of document dissemination model represents an alternative solution for African States by allowing them to elaborate new strategies to increase legal information dissemination. This new law publishing model, however, has brought about the need to reconsider the pluralistic nature of West African laws and the place these originally African laws occupy within the new strategies being put forth. The following analysis demonstrates how the use of new technologies such as the Internet has proven to be relevant for legal resource publication and distribution insofar as African states always take into consideration originally African sources when redefining their legal cultures through the dissemination of their laws via the Internet.

Keyphrases: Internet, Infrastructures, Communication, Access to law, Dissemination, Communication custom, Originally, West Africa, Precolonial, Pluralism
L'intervention du juge canadien avant et durant un arbitrage commercial international

This thesis sets out the conditions under which Canadian courts can intervene prior to and during an international commercial arbitration, either to assist the arbitral process or to control its legality. These conditions are also analyzed in a critical manner, with a view to elaborating a general theory of judicial intervention prior to and during an international commercial arbitration in States that have chosen to support international arbitral justice. This theory essentially rests on the idea that judicial intervention occurring before the rendering of the award must almost entirely be geared towards satisfying the interests of international business operators, as superior public interests need only be reflected in the conditions under which courts may intervene after an award has been rendered. Two major consequences flow from this idea. Firstly, the legal orders of States that have chosen to support international arbitral justice must be permeable to transnational normative facts which relate to judicial intervention prior to and during an international commercial arbitration, as the adoption of legislation dealing specifically with international commercial arbitration can never - in itself - ensure that courts will act in a fully satisfactory manner. Secondly, the conditions of such intervention must essentially be aimed at increasing the efficiency - assessed from the point of view of international business operators - of this system of international justice.

Keyphrases: International commercial arbitration, Civil procedure, Private international law, Judicial intervention, UNCITRAL Model Law on International Commercial Arbitration, Canadian law, Comparative law
L'encadrement juridique du traitement des données personnelles sur les sites de commerce en ligne

In an electronic environment such as Internet, relationships between on-line companies and web users must proceed in a c1imate of trust. This consideration, particularly significant in regard to the processing of personal data, must bring the cyber merchant to respect a number ofprinciples from which trust can emerge. These principles pertain to consent, collection, use, disclosure, safety, accuracy (access and correction rights), and destruction of personal data. They are expressed in general terms in legislative instruments such as the OECD Guidelines on Privacy, the Council of Europe Convention 108, the European Parliament and of the Council Directive 95/46/CE, the Loi Informatique et Libertés, the Loi sur le secteur privé and the Act C-6. However, taking into account the transborder nature of Internet data exchanges, these protections alone are not enough to create a c1imate of trust, their application being limited in space. Consequently, and to take in account CUITent legal protections, it is possible to acknowledge the development of new standards to manage the movements of personal data on commercial web sites. Guarantees like privacy policies, seals or standards like Platform for Privacy Preferences are developed to complement legislative instruments. However, the underlying logic of these guarantees raises questions regarding their effectivity and the control public and private authorities may assert over them.

Keyphrases: Internet, Protection, Personal data, Electronic commerce, Trust, Effectivity
Incidence de la réglementation actuelle et future des aliments génétiquement modifiés sur leur exploitation

Since the past decades, the use of biotechnology in the industry of novel food was very considerable. This new technique is very useful, and can be easily important for an appreciable quantity of people, like productors, agricultors and consumers. Since it was used in the production of novel food, a new regulatory enforcement was needed. It was done either in France and Canada, but differently. As we know, the different way of life in both countries play an important role in the acceptance of the genetically modified organisms (GMO's). In this thesis, we will give a description of the different regulatory frameworks for food products of biotechnology. Then, we will see what was important, according to the different sociologie and ethics point of view, in the elaboration of these relevant legislation.

Keyphrases: Innocuité, Biovigilance, Genetically modified organisms, Biotechnology, Health Canada, Canadian food inspection agency, Safety, Seed spreading
Utilisation de la base de données nationale d'inscription par les firmes de courtage et les régulateurs canadiens : gestion des renseignements personnels

The subject of the present text concems the National Registration Database, a recent mandatory registration system designated for all brokerage firms and investment advisors across Canada, with the exception of those who exercise their activities exclusively in Quebec. The matter of protection of personal information included in this database is analyzed with an emphasis on the existence of multiple laws evolving in Canada. In fact, different mIes apply whether you are in the presence of a public body or an enterprise of the private sector and whether the "transaction" is concluded within or out of the province. The National Registration Database replaces the previous paper format registration procedure. The documents produced by this computerized system have their own particularities and certain mIes must be respected in order to maintain a legal value equal to the priOf format. Finally, the compiling of information found in this enormous database would be useless if it was not possible to access its information. Once the different types of access are determined, a comparison will be done with existing American online registration systems. It is obvious that technology has had a tremendous impact on the economy. Of course, the financial industry is affected. With the National Registration Database, the whole Canadian securities registration system has had a total makeover. It was about time...

Keyphrases: Document, Access to documents, Broker, Compliance, Computer, Database, Personal information, Registration, Securities
The right to health, the TRIPS agreement and the public health safeguards to encourage the universal access to essential medicines

The privileges arising from patent protection on pharmaceutical products often prevent the full realization of the right to health, especially in developing countries with scarce resources. This thesis first identifies the international agreements that have established the right to health in international law, obligations and violations associated with it, the problems encountered in the implementation of human rights on the field, compared with the implementation and sanctions associated with economic rights from the World Trade Organization regulatory framework. A comparative study of the legislative frameworks of both developed and developing countries will reveal to what extent Canada, the United States, the European Union, Brazil, India, and South Africa conformed with patent protection exceptions arising from international patent law to protect public health. Finally, the author identifies the crucial indicators that need to be considered in order to assess the conformity of a given approach with the right to health, before he underscores the temporary character of the relevant WTO measures, and the future stakes concerning an increased access to essential medicines.

Keyphrases: Commerce international, Compulsory license, Free-trade agreement, Generic drug, HIV/AIDS, Human rights, Intellectual property, International law, International trade, Patent, WTO
Les droits économiques dans l'environnement numérique : portrait de notions en mutation

General Internet access has shaken Copyright. In the mid-nineties, many announced the death of this institution several centuries old. We have to admit that Copyright is still quite alive though it has changed. The economic rights, which were quickly applied in the digital environment, are a testimony of these changes. The analysis of audio file digital transmission exposes mutations which affect two specifie economic rights: the reproduction right and the right of communication to the public by telecommunication. These changes result from the legislator's intervention or from how the economic rights are applied in this new environment. The traditional reach of these rights is often extended by those changes. As a result, the rationalities that justify these rights are sometimes ignored. Moreover, the new interaction between these changed rights sometimes has debatable effects on the various copyright actors. Copyright retains its raison d'être. Still, the question arises whether the current form of the economic rights remains the best vehicle to achieve the goals implied by these rights. As the legislator now considers a simplification of Copyright, reviewing the form of the economic rights is essential. It is time, at least in the digital environment, to adopt an approach based on the effects of the acts, rather than on their nature. The analysis of the changes, which affect the economic rights in a digital environment, exposes the limits of our positivist way of considering these rights. Keywords Internet, copyright, economic rights, reproduction, communication to the public by telecommunication, mutation, effect.

Keyphrases: Internet, Reproduction, Mutation, Copyright, Economic rights, Communication to the public by telecommunication, Effect
La preuve et la conservation de l'écrit dans la société de l'information

It is becoming commonplace to say that we have entered a so-called "information society". In the process, we have witnessed a transformation characterized by an increased use of information and communication technologies that has revolutionized the way we communicate, learn and conduct business. The traditional communication formats (i.e., paper) gradually yield their place to new technological formats which affect the effectiveness and the speed of transactions, there by enabling the rise of ecommerce. The advent of virtual networks calls into question the monopoly of paper. From a legal perspective, the new paradigm has a huge impact on civil law rules, which were largely anchored in a paper context. The advent of the digitization and the phenomenon of the dematerialization of formats raised several new legal issues that we could summarize in the following manner: What is the relationship between writing and its various formats (e.g., other than paper)? What characterizes writing in an electronic environment? Can this type of writing act as evidence? If so, what will be its conclusive force? How can the integrity of documents be ensured? This thesis examines these various questions within the context of two different legislations: France and Québec. Two issues are addressed: 1) the evolution ofwriting in an electronic, networked environment; 2) the legal framework around evidence and archiving ofwriting in the information society.

Keyphrases: Evidence, Writing, Communication formats, Information and communication technologies
La protection des artistes interprètes et exécutants à l'heure des médias de réseau

If we assume that copyright laws and the evolution of media are linked, our analysis of performance artists attempts to clarify this relationship. Using mediology as a tool for communication theory, we first identified a dominant media, or what is referred as a «mediasphere» in mediology. Next, we qualified its resultant mentality. Finally, we used these characteristics to examine copyright laws in an effort to determine the position of performers in a given mediasphere context. More specifically, the first part of this thesis focuses on the influence of the print as a dominant medium. The prevalence of this medium demands a level of statism and fixity which prompts us to analyze the importance of fixation in copyright laws. Considering the predominance of fixation in copyright laws and the transitory nature of the artistic performance, performers are only granted neighboring rights, not copyrights. Nowadays, the emergence of the electronic medium seems to give way to a new mediasphere in which dematerialisation is the key. Therefore, fixation as a criterion for determining whether or not to copyright a work of art is slowly losing its significance. Despite this fact, the international copyright community continues to believe that performers should be protected by neighboring rights. However, the WIPO Treaty of 1996 grants performers greater rights. Is this the first sign ofperformers gaining potential access to authorship?

Keyphrases: Fixation, Internet, Performers, Neighboring rights, Copyright, Electronic media, Mediology
Exécution au Québec de sûretés présentant des liens avec plus d'une juridiction canadienne dans le contexte d'une faillite

This dissertation addresses the legal issues that must face a party seeking to recognize and enforce in Quebec, in the context of bankruptcy, a security linked to more than one canadian jurisdiction. In that regard, this paper deals with the issues of jurisdiction arising under those circumstances, more specifical1y the determination of the Court before which legal proceedings must be introduced and the jurisdiction where those proceedings must take place. Also, the questions surrounding the interaction between the Bankruptcy and insolvency Act and the provincial legislation pertaining to the enforcement and order of payment of securities is developped in the context of a bankruptcy affecting goods located in more than one canadian jurisdiction. Moreover, the extent ofthe recognition in Quebec of securities created in another canadian jurisdiction is assessed. In doing so, a comparative study of the schemes put in place in Quebec and the other Canadian jurisdictions is completed. Final1y, the last part of this paper focuses on the rules applicable to the recognition in Quebec of judgments originating from other Canadian jurisdictions dealing with the recognition and enforcement of securities.

Keyphrases: Bankruptcy, Private International Law, Recognition Enforcement Securities
Le renvoi des jeunes contrevenants aux tribunaux pour adultes : la loi et les pratiques

The exceptional measure of youth transfer to ordinary court, which was prescribed by the recently abolished Young of Jenders Act, is the subject ofthis research. Over the last few years, some amendments thave modified the measure of transfer which has eased the procedure to transfer a youth to an ordinary court.The years that have passed since the legislative amendments enacted in 1992 and 1995 to the transfer provisions and the changes brought by the recent Youth Criminal Justice Act raise several questions. The principal question of this research particularly concerns the manner in which the actors (judges, Crown prosecutors and defense lawyer) involved in the judicial proceedings perceive the changes in their practices within the context of the amendments. We want to verify ifthe different actors are still able to give greater importance to the measures of treatment, rehabilitation, assistance and education despite the fact that the legislative provisions are more repressive. With the help ofthe results obtained from the interviews heId with differents actors, we conclude that the perceptions indicate that there is not much change in the practices. The different actors, despite the amendments, perceive that they were able to give greater importance to the measures of treatment, rehabilitation, assistance and education, even though they believe that the amendments are more and more repressive.

Keyphrases: Transfer to ordinary court, Young OfJenders Act, Youth, Presumption of transfer
La demi-vie des jugements

It is widely known, in law, that a judge uses mIes established in precedents for argumentation. In fact, he relies on it and has to respect the mIes that are already defined : case law materials are authoritative. He is to respect precedent law and stay on the decision (« stare decisis »). According to this conception, the available case law collection grows through time : more and more decisions can be cited to interpret a particular point of law. But reality shows a different picture. The case law that gets cited changes. Law evolves. And the judgments that were once important are, eventually, forgotten. In the end, they are replaced by recent developpements. In this thesis, jurimetrics is used to evaluate the rythm to which law evolves. Statistics are computed by using automated software in order to compare, from one sample to another, the rythm to which cited decisions change. Software is used to compute the age of citations in judgments and establish averages. It is thus possible to evaluate the half-life of case law judgments and, therefore, provide with an idea of the rythm to which law evolves.

Keyphrases: Citation, CANLII, Reflex, Law, Case law authority, Justice system technologies, Information managment systems, Jurimetrics
La limitation de responsabilité dans le transport multimodal

The purpose of this thesis is to study the manner in which liabilities are limited in the international multimodal transport of goods. The first part of the thesis will establish the concept of multimodal transport, as well as the origins of the limitation of liability in the transportation of goods. We shall also study how the liability is limited in the various modes of transport that conform multimodal transport, making a special emphasis in North America. The second part of the thesis will analyze the different conventions and international treaties that may regulate the multimodal transport of goods, by studying the manner in which limitation of liability is regulated in these conventions. It will also analyze will be made about the present need and justification of a limitation of liability for transporters of goods. Finally, we shall study the possibility of an international treaty being created which will regulate the multimodal international transport of goods and which will establish a uniform limitation of liability through out the world.

Keyphrases: Limitation, Transport, Multimodal, International, Canada, Conventions, Liability, Mexico, United States, Treaties, Goods