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Regulating Strikes In Essential Services - Canada, Eric Tucker Dec 2018

Regulating Strikes In Essential Services - Canada, Eric Tucker

Eric M. Tucker

This chapter was written as a part of a comparative law project examining the regulation of strikes in essential services. It describes and analyses Canada's experience with strikes in essential services, including the historical development of essential service strike regulation, Canada's shifting understanding of essentiality and, most recently, the implications of constitutional labour rights, including the right to strike, for essential service strike regulation. It also looks at the law in action through a consideration of the application of these laws in their specific contest.


State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger Oct 2018

State Practice In The Management And Allocation Of Transboundary Groundwater Resources In North America, Gabriel Eckstein, Amy Hardberger

Gabriel Eckstein

Throughout the world, international and state political boundaries divide groundwater resources into politically convenient jurisdictions. Subsurface water, however, does not recognize such borders and flows freely without regard to overlying politics. This disregard for the political dimension, coupled with the growing global importance of fresh water, has the potential for aggravating disputes and conflicts over the use, allocation, and preservation of such resources. To date, widely accepted norms of international law applicable to transboundary aquifers have yet to emerge. However, local and regional agreements, including both formal and unofficial arrangements, suggest the emergence of state practice that should be considered …


Encountering Settler Colonialism Through Legal Objects: A Painted Drum And Handwritten Treaty From Manitoulin Island, Ruth Buchanan, Jeffery G. Hewitt Jul 2018

Encountering Settler Colonialism Through Legal Objects: A Painted Drum And Handwritten Treaty From Manitoulin Island, Ruth Buchanan, Jeffery G. Hewitt

Ruth Buchanan

The eighteenth and nineteenth centuries generated a trove of objects documenting the encounter between the Anishinaabe of the Great Lakes region and the British. Two such objects, a drum painted with Anishinaabe imagery and a treaty, handwritten by a British treaty commissioner, were created in close proximity in both time and location. This paper explores the encounter between the Anishinaabe and the British through a parallel engagement with both drum and treaty; placing them in conversation with each other. We consider the divergent paths taken by these objects by comparing the material, legal and sensory landscapes in which they were …


Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa Mar 2018

Comparative Cannabis: Approaches To Marijuana Agriculture Regulation In The United States And Canada, Ryan Stoa

Ryan B. Stoa

The United States and Canada may be friends and allies, but the two countries' approaches to the regulation of marijuana agriculture have not evolved in tandem. On the contrary, their respective paths toward legalization and regulation of marijuana agriculture are remarkably divergent. In the United States, where marijuana remains a federally prohibited and tightly-controlled substance, legalization and regulation have remained the province of state legislatures and their administrative agencies for decades. In Canada, a succession of court cases paving the way toward medicinal marijuana use has prompted the federal government to develop a national framework committed to "legalize, regulate, and …


Nafta: Past, Present And Future, Anastasios G. Malliaris, Alexander J. Kondonassis, Chris Paraskevopoulos Feb 2018

Nafta: Past, Present And Future, Anastasios G. Malliaris, Alexander J. Kondonassis, Chris Paraskevopoulos

A. (Tassos) Malliaris

The North American Free Trade Agreement (NAFTA) – an extension of the Free Trade Agreement (FTA) between Canada and USA to include Mexico – went into effect on January 1, 1994, primarily as an agreement to eliminate restrictions on trade and investment over the course of twelve years. NAFTA is a trade agreement and after twelve years remains as such with limited prospects, if any, of widening or deepening the integration process. Despite its narrow scope, the agreement became, from the start, controversial – and continues to be so – not only for trade and investment matters but for a …