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Articles 1 - 30 of 152
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Canada’S Cultural Property Export Controls: An Analysis Of The Colonial And Heritage Discourses That Animate The Cultural Property Export And Import Act, Madeline Anne Davis
Canada’S Cultural Property Export Controls: An Analysis Of The Colonial And Heritage Discourses That Animate The Cultural Property Export And Import Act, Madeline Anne Davis
LLM Theses
This thesis critiques Canada’s Cultural Property Export and Import Act (CPEIA) and its framing as a legal instrument intended to protect and preserve Canada’s cultural heritage. It focuses on the export provisions of the Act and the related experts and administrative bodies who oversee disputes under those provisions. I argue that colonial and capitalist heritage and property discourses are the foundation that underpins the CPEIA and as a result, the legislation both expressly and implicitly privileges colonial and capitalist ideas about heritage and property ownership. The legislation, on its face and through the limited examples of available application, leaves little …
Administrative Convenience Or Deliberate Reform? The Impacts Of The Colonial Judicial Legacy Of The Pre-Colonial Justice System In South-Western Nigeria, Adewale Adekunle Adeyeye
Administrative Convenience Or Deliberate Reform? The Impacts Of The Colonial Judicial Legacy Of The Pre-Colonial Justice System In South-Western Nigeria, Adewale Adekunle Adeyeye
LLM Theses
In pre-colonial times, the ethnic groups that independently existed in the territory now called Nigeria had organized systems of government. However, the sweeping force of nineteenth-century colonialism erased most of these pre-colonial governments’ institutions and replaced them with the British system. Notably, in South-Western Nigeria (Yorubaland), historical evidence revealed the existence of a constitutional monarchy with organized branches of government. Especially, the pre-colonial judicial branch/justice system of the Yoruba monarchy was radically altered by colonialism. Using the interdisciplinary methodology, this research answered questions related to the structures and procedures of the pre-colonial justice system in South-Western Nigeria and how it …
Unfortunate But Ordinary: A Study Of Federal Court Approaches To Stays Of Removal, Talia Joundi
Unfortunate But Ordinary: A Study Of Federal Court Approaches To Stays Of Removal, Talia Joundi
LLM Theses
Interlocutory decisions issued on stay of removal motions by the Federal Court of Canada remain under-studied. A leading reason for the limited research is that stay orders were not published or publicly accessible five years ago. Since then, changes to the Court’s policies regarding publication have increased the number of accessible stay orders. The outcome of a denied stay motion may result in the immediate deportation of a foreign national from Canada. Given the high-stakes nature of these decisions, it is imperative to critically examine stay motion procedures, laws, and trends against established human rights norms. This study presents an …
Remedies In Canadian Parental Alienation Cases: Turning To Tort Law For Support, Zechariah Weicker Martin
Remedies In Canadian Parental Alienation Cases: Turning To Tort Law For Support, Zechariah Weicker Martin
LLM Theses
This thesis provides an avenue to remedy some of the harms associated with parental alienation for rejected parents – an issue that is inadequately addressed by Canadian family law cases. One of the major functions of the legal system is to allow injured parties the opportunity to seek recourse. This thesis questions whether the prevailing approach to parental alienation is capable of providing justice to rejected parents. Family law centres on the best interests of children, a vulnerable group whose needs should be prioritized and protected. Parental alienation disputes destroy meaningful relationships between children and capable parents, but family law …
The Practitioner King - A Study Of Legal Education And Practice In Pakistan, Summaiya Zaidi
The Practitioner King - A Study Of Legal Education And Practice In Pakistan, Summaiya Zaidi
PhD Dissertations
This dissertation is a study of legal education and practice in Pakistan and investigates the rise of the legal practitioner through a socio-historical examination. It seeks to determine the extent to which legal education in Pakistan is bound by colonial norms of practice through a genealogy of the legal practitioner in South Asia where the practitioner emerges as a dominant actor in the legal field. This dissertation argues that the fields of legal education and practice cannot be studied separately because the two are intimately connected for three main reasons: firstly, the law degree serves as an entry requirement to …
The International Patent Practice Narrative: Patent Agents, Epistemic Capture And The Patent Bargain, Wissam Joseph Aoun
The International Patent Practice Narrative: Patent Agents, Epistemic Capture And The Patent Bargain, Wissam Joseph Aoun
PhD Dissertations
This work explores the question of how professionalization of patent agency along with its accompanying discourse has affected the direction of international patent institutions and networks. Professionalization of patent agency is defined as the government regulation of who may provide patent agent services to the public through the form of professional licensing requirements. To the extent that professionalization of patent agency has created a unique discourse of patent agency, to what degree and in what respects has this discourse transformed global patent institutions? In particular, has this discourse created a form of ‘epistemic’ or ‘cultural’ capture that has the effect …
The Use Of Arguments About Myths And Stereotypes To Appeal Sexual Assault Convictions In Canada, Ryan Andrew Quinn
The Use Of Arguments About Myths And Stereotypes To Appeal Sexual Assault Convictions In Canada, Ryan Andrew Quinn
LLM Theses
Canadian defence counsel have recently begun appealing sexual assault convictions by arguing that a trial judge applied myths and stereotypes (M&S) against the accused. This phenomenon is surprising because this country’s focus on M&S in sexual assault law has almost exclusively concerned improper assumptions that operate against the complainant and the Crown and risk producing perverse acquittals. This thesis reviews this new defence strategy with reference to three decades of appellate case law and scholarship. It advances definitions of M&S as well as principles for understanding the evidentiary effects of their recognition as such, and it categorizes various defence attempts …
Tokenized Finance And Monetary Law: The Evolving Role Of The Central Bank In The Age Of Digital Currency, Odunayo Emmanuel Olowookere
Tokenized Finance And Monetary Law: The Evolving Role Of The Central Bank In The Age Of Digital Currency, Odunayo Emmanuel Olowookere
LLM Theses
This thesis attempts to examine the motivations of the central bank and the state in the adoption of a sovereign-backed Central Bank Digital Currency (CBDC). We sought to answer the question- of what central bank roles will be most affected by the adoption of a sovereign-backed digital currency. Since any motivations for the adoption of this new form of currency are sure to reflect in its eventual design, we argue that without the intervention of the law at this crucial design stage, any such currency is very likely to be unfavorable to the money users. We justify this by investigating …
The Elusive Pursuit Of Justice: Sexual Assault Survivors' Speak About Redress In The Aftermath Of Violence, Tamera Ashley Margaret Burnett
The Elusive Pursuit Of Justice: Sexual Assault Survivors' Speak About Redress In The Aftermath Of Violence, Tamera Ashley Margaret Burnett
PhD Dissertations
The struggle of survivors to obtain justice after they have been sexually assaulted has been a much discussed topic in recent years. Significant attention and resources are being directed towards this issue, making academic research particularly valuable at this time. However, instead of asking how legal processes can theoretically be made better, as is the case in most of the literature on this topic, my focus has been on asking why survivors want to engage in a legal process at all. What do they get from reporting their assaults and does what the legal system offers them respond to what …
Regulating The Corporation From Within And Without: Corporate Governance And Workers’ Interests, Vanisha Hemwatie Sukdeo
Regulating The Corporation From Within And Without: Corporate Governance And Workers’ Interests, Vanisha Hemwatie Sukdeo
PhD Dissertations
This dissertation critically explores how the increased legal regulation and governance of corporations can be used to help improve the interests of workers in global supply chains. Chapter one outlines the introduction and provides background information. Chapter two is the literature review. Chapter three examines the expansion of fiduciary duties and changes to corporate governance, including Benefit Corporations, and how expanded fiduciary duties can be used to increase the interests1 of workers. Chapter four contains a case study of the Rana Plaza disaster to demonstrate how governance models can be used to help increase working conditions in Bangladesh and other …
The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford
The Old People Are The Song, And We Are Their Echo: Resurgence Of W̱ Sáneć Law And Legal Theory, Robert Justin Clifford
PhD Dissertations
This dissertation attends to pressing questions of strategy and tactics in relation to Indigenous law revitalization in the context of the climate crisis. Grounded in my own W̱SÁNEĆ legal order, I provide an accounting of the context in which the resurgence of W̱SÁNEĆ law is occurring, and clarity regarding what we hope to accomplish with the revitalization of W̱SÁNEĆ (and more broadly, Indigenous) law, both locally and in response to global climate crisis. Doing so prompts questioning of the very foundations of Canadian constitutionalism, and indeed, our most basic ideologies and conceptualizations of our place and relationships within the world. …
Safety Valves: A Band-Aid Solution To The Ills Of Mandatory Minimums?, Venus Sayed
Safety Valves: A Band-Aid Solution To The Ills Of Mandatory Minimums?, Venus Sayed
LLM Theses
This work examines the Supreme Court of Canada’s statutory safety valve proposal in the case of R. v. Lloyd as a solution to the problems presented by mandatory minimum sentences. The thesis develops a safety valve matrix which allows various valves to be plotted along broad-narrow and high-low discretion matrices. Following a review of the development of exemptions in Canadian jurisprudence, the paper then takes a comparative approach of analysis to look at three similarly placed jurisdictions – Australia, the United States and the United Kingdom. By examining the statutory safety valves in use in these jurisdictions, this work concludes …
A Critical Approach To The Regulation Of A Public Corporation's Purchase Of Its Own Shares On The Open Market: Lessons From The Transatlantic Comparison, Alper Cohaz
PhD Dissertations
Open market repurchases (OMRs)—by far the most common form of share repurchases—have reached record levels following the dramatic increase in number since the adoption of the safe harbor rule in the US. This dramatic increase has been largely attributed to purported benefits of OMRs that matter especially within the Anglo-American economic and corporate model. However, these benefits fail to fully explain such increase. This failure suggests that illegitimate purposes, which could easily be concealed beneath purported benefits, might have also contributed to the increase in the number of OMRs and resulted in their excessive use. This suggestion is supported by …
Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro
Hartazgo: Understanding How #Yotecreo Emerged In Venezuela, Maria Corina Muskus Toro
LLM Theses
This thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North …
Law And Indigenous Religion: Theorizing A Complex Relationship, Kristen Elizabeth Lewis
Law And Indigenous Religion: Theorizing A Complex Relationship, Kristen Elizabeth Lewis
LLM Theses
This thesis asks what preconditions are necessary to think the relation between law and Indigenous religion without marginalizing perspectives, such as those germane to Indigenous religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court of Canada case that, to date, has involved Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms (Ktunaxa Nation v British Columbia 2017 SCC) and in the very few lower court decisions that have followed in its not-unproblematic wake. Inspired by several currents of both Indigenous thought and …
Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni
Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni
LLM Theses
On the 21st of October 2020, the world woke to images and video clips of the bloodied, broken bodies of Nigerians shared across social and traditional media. The night before, young Nigerians protesting police brutality were met with a government-sanctioned, combined police and military onslaught; Nigerias decades-long struggle with police dysfunction was brought to a head with the massacre of its citizens at the Lekki toll gate on the evening of October 20, 2020. This work problematizes the cycle of attempts at, and ultimate failure of, police reform in Nigeria. I argue that the colonial nature of policing is retained …
Accepting The Unacceptable: Trinity Western University, Religious Freedom, And The Meaning Of Liberal Constitutionalism, Robert Stephen Boissonneault
Accepting The Unacceptable: Trinity Western University, Religious Freedom, And The Meaning Of Liberal Constitutionalism, Robert Stephen Boissonneault
LLM Theses
This thesis proposes an answer to the question of when, and under what conditions, a state operating within the framework of liberal constitutionalism may legitimately condition receipt of public benefits on the recipient's conformity with liberal values—a question that is implicitly asked, but never directly answered, by the decision of the Supreme Court of Canada in Law Society of British Columbia v Trinity Western University. How this question is answered has significant implications for the law of religious freedom in Canada. This thesis posits a conceptual distinction between two types of public benefit: public licences and public mandates. This distinction …
Transcending The Impasse: Towards An Indigenous Vision Of Legality In Palestine, Juman Abujbara
Transcending The Impasse: Towards An Indigenous Vision Of Legality In Palestine, Juman Abujbara
LLM Theses
This thesis attempts to demonstrate that the international legal impasse surrounding Palestine is animated by incommensurable visions of legality. It argues that in portraying the Palestinian struggle for liberation as a struggle for state sovereignty, international law subjects the indigenous worldview to a violent and perpetual erasure. The thesis employs Aaron Mills' theoretical framework to argue for an incommensurability between Palestine's indigenous conception of legality and the dominant conception of legality underlying international law. Further, the thesis offers a reading of Ghassan Kanafani's novel The Other Thing to explore the consequences and normative implications of an impasse characterized by incommensurability. …
British Empire, Land Tenure And The Search For An Ideal Proprietor: 1868-1875, Preetmohinder Singh Aulakh
British Empire, Land Tenure And The Search For An Ideal Proprietor: 1868-1875, Preetmohinder Singh Aulakh
PhD Dissertations
Between 1868 and 1875, several land tenure laws (Punjab Tenancy Act of 1868; Landlord and Tenant (Ireland) Act of 1870; and Prince Edward Island Tenants Compensation Act, 1872 and Land Purchase Act, 1875) were enacted across the British Empire. These laws established some form of security of tenure for the actual cultivators of land by recognizing co-proprietorship of tenants and landlords and/or by transferring proprietorship from landlords to tenants. This study examines how proponents of the rights of cultivators overcame long-standing resistance to any encroachment of landlords property rights in these socio-politically diverse and geographically dispersed colonies. Comparative analyses of …
The Norm Life Cycle Theory And The Role Of Insol International In Shaping The Uncitral Model Law On Cross-Border Insolvency, Anthony Ikemefuna Idigbe
The Norm Life Cycle Theory And The Role Of Insol International In Shaping The Uncitral Model Law On Cross-Border Insolvency, Anthony Ikemefuna Idigbe
PhD Dissertations
The involvement of non-state entities in global public norm evolution has been the subject of many studies, especially in international human rights law and policy. This study explains the role of a non-state entity, INSOL International, in shaping the UNCITRAL Model Law on Cross-Border Insolvency, adopted by the UN General Assembly in 1997 using the life cycle approach developed in the human rights and policy context. The study utilized a triangulation of doctrinal, empirical and legal history data to determine whether the norm life cycle theory could explain the role of INSOL in shaping the Model Law. The study found …
Executive Power, Territorial Jurisdiction, And The (Non-)Protection Of Human Rights In Canadian Extradition, Jay De Santi
Executive Power, Territorial Jurisdiction, And The (Non-)Protection Of Human Rights In Canadian Extradition, Jay De Santi
LLM Theses
This thesis grapples with the complexity of the relationship between the political executive, embodied in the Minister of Justice, and the individual. It examines the trajectory of individual rights under the current Extradition Act, in the context of extradition requests for prosecution of alleged criminal offences that occurred primarily, or entirely, within Canadas territorial jurisdiction. This project uses a mix of doctrinal and empirical methods to analyse both the law as it is, and the law as it is practised. I argue that the current state of rights protections in Canadian extradition law, at least where the person is sought …
Judicial Depictions Of Responsibility And Risk: The Erasure Of State Accountability In Canadian Sentencing Judgments Involving Indigenous People, Sarah Jane Nussbaum
Judicial Depictions Of Responsibility And Risk: The Erasure Of State Accountability In Canadian Sentencing Judgments Involving Indigenous People, Sarah Jane Nussbaum
PhD Dissertations
This dissertation is set within the context of Canadas mass imprisonment of Indigenous people and centres on a critical evaluation of reported sentencing judgments. In particular, the dissertation examines some of the ways in which sentencing judges both draw attention to, and obscure, state accountability. The dissertation demonstrates that sentencing judges erase the role of the state in the criminalization of Indigenous people and in the construction of Indigenous people as risky. The result is that sentencing judgments rationalize and support the re-entrenchment, rather than the redressing, of the states oppression of Indigenous people. The dissertation is theoretical and descriptive, …
Aandaakonan Inaakonigewin: Considering An Anishinaabe Meaning To The Canadian Law On Consultation And Accommodation, Veronica Ann Guido
Aandaakonan Inaakonigewin: Considering An Anishinaabe Meaning To The Canadian Law On Consultation And Accommodation, Veronica Ann Guido
LLM Theses
Indigenous laws are resurging throughout Turtle Island and have vital roles to play in the creation and application of laws, governance structures, and decision-making. However, for this to happen, the understanding of the law which is predominant and dictates legal processes must change, specifically when such laws apply to Indigenous land and peoples. This will allow Indigenous legal orders – including Anishinaabe legal norms such as mutual aid, kinship, giftedness and doodem – to flourish. This thesis explores Anishinaabe law resurgence by asking: how can decision-making about land, natural resources, and Aboriginal rights through the duty to consult and accommodate …
Finding A Governing Law To Resolve Conflicts Of Tax Laws, Catharine Marie Mcmillan
Finding A Governing Law To Resolve Conflicts Of Tax Laws, Catharine Marie Mcmillan
LLM Theses
This thesis explores how tax treaty articles providing foreign tax recognition, distributive rules, meanings for undefined terms, and anti-treaty shopping rules implicitly employ conflict of laws "choice of law" ("COL/col") principles to derive the governing law in situations where more than one tax law and therefore more than one legal system applies to characterize a person or income. COL/col principles are implicitly acknowledged and specifically operate in tax treaties to reconcile contending tax laws and therefore legal systems. Considering tax treaty articles implore countries to ascertain the governing law through reconciliation, supranational approaches that advocate harmonization to ascertain governing law …
Health Insurance, A False Dichotomy And A Negative Right To Abortion In Canada's Maritime Provinces, Clare Joanne Shrybman
Health Insurance, A False Dichotomy And A Negative Right To Abortion In Canada's Maritime Provinces, Clare Joanne Shrybman
LLM Theses
This thesis examines the jurisdictional movement of abortion regulation resulting from R v Morgentaler and the barriers to abortion which emerged as a result of the transition in the Maritime provinces. Following decriminalization, the Maritime provinces responded by implementing health insurance barriers to clinic abortions, restricting access. While contemporary scholarship has predominantly examined the issue through a health law and positive rights lens, this thesis asserts that these barriers can most successfully be challenged as a negative rights violation of the Charters section 7 guarantee of security of the person. This is because, although the dichotomy between positive and negative …
Doomed To Fail: Ag-Gag Laws And The Canadian Charter, Samantha Lynne Skinner
Doomed To Fail: Ag-Gag Laws And The Canadian Charter, Samantha Lynne Skinner
LLM Theses
In late 2019, ag-gag laws began being introduced in Canada. Ag-gag laws are named for their intended effect of gagging activists from exposing the realities of the animal agriculture industry. Animal activists seek to gather and publicly disseminate information using means of bearing witness, undercover investigations, and civil disobedience. Ag-gag laws originated in the US in the 1990s, but saw a revival in the 2010s. In the US, animal law organizations such as the Animal Legal Defense Fund have been successfully challenging the constitutionality of ag-gag laws, with courts in six states finding ag-gag laws to violate the First Amendment …
How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa
How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa
PhD Dissertations
What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …
To Set Aside Or To Not Set Aside The Agreement Pursuant To Section 56(4) Of The Family Law Act: Applying Relational Theory To Domestic Contracts Involving Spousal Support Releases And Waivers, Sara Kun
LLM Theses
This work applies the lens of relational theory to five Ontario Superior Court of Justice cases where a party previously executed a spousal support agreement, but subsequently sought to have it set aside pursuant to section 56(4) of the Family Law Act. While the outcomes in the five cases differed as to whether section 56(4) of the Family Law Act was successfully engaged and, if so, whether the judge in turn exercised his discretion to set aside the agreement, it is argued that the cases are united by a common theme that is resonant with relational theory. The distinct relational …
Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag
Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag
PhD Dissertations
Access to civil justice remains one of the most pressing concerns within the legal community in Canada. Yet, despite over a half century of reform efforts, many people still struggle to resolve their legal difficulties in a timely and cost effective manner. Part of the reason that reform efforts have yet to solve this crisis is that scholarship has only recently begun to investigate possible measures that can evaluate whether programs and initiatives have positively impacted the ability of ordinary Canadians to resolve their legal problems. The primary purpose of this dissertation is to support the development of such measures …
Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique
Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique
PhD Dissertations
This dissertation investigates the relationship between doctrines and rhetoric of sustainable development (SD) and their compatibility with robust notions of migrant justice. I use migrant-workers-built Masdar City, Abu Dhabis "eco-smart city," as an entry point to examine this relationship. Drawing on Amartya Sen, I rely on a critical capabilities-based environmental justice lens that focuses on the full range of opportunities migrants have at home, in their destination country, and anywhere in between. While this lens offers a means-ends distinction and a pluralistic notion of justice, it must be further specified and supplemented by explicit accounts of structural constraints. The focus, …