Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Entire DC Network

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne Nov 2018

A Study Of Six Nations Public Library: Rights And Access To Information, Alison Frayne

Electronic Thesis and Dissertation Repository

Contemporary Indigenous public libraries play a critical role in providing access to information in Indigenous communities. My research focuses on the relationship between rights and access to information for individuals and communities within the context of Indigenous public libraries. I use a qualitative case study methodology of the Six Nations Public Library (SNPL) in Ohsweken, Ontario, Canada. Interviews were conducted with SNPL patrons and library management and with off-reserve participants from government and library associations.

I analyse four themes, library governance, rights, library value and access to information, which are outcomes of the SNPL case study findings. This analysis reveals ...


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani Sep 2018

Sections 7 And 15 Of The Canadian Charter Of Rights And Freedoms In The Context Of The Clean Water Crisis On Reserves: Opportunities And Challenges For First Nations Women, Madiha Vallani

Master of Laws Research Papers Repository

This paper analyzes the water crisis on reserves through the lens of the Canadian Charter of Rights and Freedoms. Specifically, this paper discusses certain issues, stemming from the water crisis, that some First Nations women experience, through the lens of the Charter’s section 15 right to equality, and section 7 right to life, liberty, and security of the person. In doing so, this paper aims to draw attention to the various ways that the water crisis uniquely impacts First Nations women due to their intersectional experiences under the protected grounds of sex, ethnic origin, race, and residency on reserve ...


The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor Aug 2018

The Supreme Court’S Use Of Narratives In Issuing Advisory Opinions, Andrea Lawlor

Master of Studies in Law Research Papers Repository

This major research paper looks at how Canadian Supreme Court justices view their role in adjudicating reference questions. Comparing the texts of 21 Supreme Court advisory opinions across two eras of the Court (Chief Justice Laskin: 1973-1984 and Chief Justice McLachlin: 2000-2017), the study examines the use of four narratives – the Guardian of the Constitution, Umpire of Federalism, Institutional and Public Will – to determine how the Court positions its role vis-à-vis the constitutional order and the other branches of government. I use a mixed-method approach that incorporates an empirically oriented content analysis of each decision, complemented by four in-depth case ...


The Constitutionality Of Restrictions On Recreational Cannabis Advertising: Balancing Public Health And Freedom Of Expression, Melanie L. Mcphail Dec 2017

The Constitutionality Of Restrictions On Recreational Cannabis Advertising: Balancing Public Health And Freedom Of Expression, Melanie L. Mcphail

Electronic Thesis and Dissertation Repository

On April 20, 2016, Health Minister Jane Philpott announced that legislation legalizing recreational marijuana would be introduced in Spring 2017, with the goal of keeping marijuana out of the hands of children and profit out of the hands of criminals. Bill C-45, An Act Respecting Cannabis passed the second reading in the House of Commons, and contains restrictions on advertising cannabis, with a few exceptions. Advertising is recognized as a protected form of expression under the Charter of Rights and Freedoms, so if the government infringes on this right, they must be able to prove that it is justified in ...


The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia Aug 2013

The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia

Electronic Thesis and Dissertation Repository

The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court’s verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government’s criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental ...


Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo Apr 2013

Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo

Electronic Thesis and Dissertation Repository

Brazil’s toll-highway system is among the most extensive tolling systems on the planet. This extensive toll-highway system affects millions of Brazilians, particularly because it is increasingly difficult for Brazilians to move between work and home without passing through a number of toll gates. Moreover, most toll roads in Brazil have been conceded from the government to private actors, and regulations governing the actions of these private actors (and the rates they charge to highway users) are sparse. This thesis will examine the nature of the highway toll industry in Brazil, the laws conceding toll roads to private actors, and ...