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Innocence At Stake: Possibility Of Dna Collection From Arrestees In Canada, Washim Ahmed
Innocence At Stake: Possibility Of Dna Collection From Arrestees In Canada, Washim Ahmed
Osgoode Legal Studies Research Paper Series
Followed by a decision of the Supreme Court of the United States, which approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. …
International Human Rights In Canada: At The Juncture Of Law And Politics, Faisal Bhabha
International Human Rights In Canada: At The Juncture Of Law And Politics, Faisal Bhabha
Osgoode Legal Studies Research Paper Series
This paper addresses the topic of international human rights law from the Canadian perspective. As the title suggests, this paper’s analysis of the topic sits at the intersection of law and politics, where all questions of international law necessarily do. It proceeds in three parts. First, it provides a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, it examines the formal legal status of international human rights law in Canada, drawing selectively from Supreme Court of Canada jurisprudence. Finally, it addresses the adoption of the …
Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Valerie Crystal, Shin Imai, Bernadette Maheandiran
Access To Justice And Corporate Accountability: A Legal Case Study Of Hudbay In Guatemala, Valerie Crystal, Shin Imai, Bernadette Maheandiran
Osgoode Legal Studies Research Paper Series
This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company. While first generation law and development reforms have facilitated foreign mining in Guatemala, “second generation” reforms have not yet provided a meaningful way of addressing conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. The corporate social responsibility mechanisms applicable to the mining company cannot provide enforceable orders. Canadian courts have been reluctant to permit law suits against Canadian …