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When Do Human Rights Treaties Help Asylum-Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
When Do Human Rights Treaties Help Asylum-Seekers? A Study Of Theory And Practice In Canadian Jurisprudence Since 1990, Stephen Meili
Osgoode Legal Studies Research Paper Series
This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict the circumstances under which domestic courts in Canada reference treaties in ways that help refugees obtain relief. This new theoretical approach adds to the literature on treaty effectiveness in the litigation context by suggesting that the extent to which Canadian domestic courts reference treaties in ways that help refugees depends on several factors, including the manner in which those treaties …
Real Versus Notional Income Splitting: What Canada Should Learn From The Us 'Innocent Spouse' Problem, Lisa Philipps
Real Versus Notional Income Splitting: What Canada Should Learn From The Us 'Innocent Spouse' Problem, Lisa Philipps
Osgoode Legal Studies Research Paper Series
Canada’s individual tax unit historically has allowed a spouse to report only income over which she or he has legal control. Income splitting therefore typically requires transferring ownership of income earning property in some fashion. I refer to this as ‘real’ income splitting to contrast it with the purely notional assignment of income to a spouse’s tax return, first introduced in 2007 for pension income only. This ‘notional’ income splitting allowed spouses for the first time to shift income between their individual tax returns to achieve a lower tax rate, without any obligation to share the underlying pension entitlement. The …
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter James Mccormick
Who Writes? Gender And Judgment Assignment On The Supreme Court Of Canada, Peter James Mccormick
Osgoode Legal Studies Research Paper Series
This article poses the question: now that women are receiving an increasing share of the seats on the Supreme Court of Canada, can we conclude with confidence that they have been admitted to full participation, with a mix of judgments — including the more significant decisions — that is fully comparable to their male colleague? The author looks at the assignment of reasons for judgment on the Court over the last three chief justiceships, with specific reference to the relative rate of assignments to men and women judges. Finally, he finds that the male/female gap is more robust than ever, …