In recent decisions, Canadian courts have found that the fact that a plaintiff resides in a jurisdiction is only one of several factors to be considered when determining whether or not a lawsuit has a real and substantial connection to that jurisdiction.[1] In order to ensure that victims of terrorism who are Canadian citizens or permanent residents of Canada have the right to sue perpetrators and supporters of terrorism in Canadian courts, the Government may wish to consider amending clause 4(2) to specify that a person’s Canadian citizenship or permanent resident status is, in and of itself, enough to establish a real and substantial c ...[+++]onnection to Canada.

Whether we like it or not, that's the Indian Act as it is, and the public policy issue there is to preserve the entitlement to the reserve for the benefit of that particular community as it's statutorily defined.

Section 15 of the Charter is a significant vehicle for the promotion of social, political and economic change through the legal system, yet the Charter does not give authority to political parties or the government to impose something beyond " formal rights" — that is, substantive rights that have transformative potential.

The problems connected with Directive 80/987/EEC in terms of substance and structure derive mainly from the fact that guaranteeing employees’ claims in the event of insolvency of their employer involves, in addition to the rules governing receivership proceedings, concern a number of important legal areas – some very complex and involving considerable national differences – such as insolvency law, labour law and social security law.

9. Considers that OLAF, which is essentially an investigative body set up before a genuine judicial area has been created, has limits placed on its effectiveness and legitimacy, for substantive law and procedure still vary from one Member State to another and the safeguarding of individual rights is inadequate;

This act should seek primarily to eliminate existing substantive legal obstacles to extradition and judicial assistance in criminal matters, and to facilitate procedurally and expedite the latter assistance between Member States. Account should also be taken of the main substance of the agreements drafted within the framework of European Political Cooperation which have still not entered into force because they have not yet been adequately ratified.