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A New Regulatory Framework For Low-Impact/High-Value Aquaculture In Nova Scotia, Meinhard Doelle, William Lahey

Research Papers, Working Papers, Conference Papers

The report is the result of a detailed assessment of aquaculture regulations in Nova Scotia It proposes a new regulatory framework for the Nova Scotia aquaculture industry based on the principles of effectiveness openness transparency accountability proportionality integration and precaution The report is based on a 18 months independent review of the industry and how it is regulated as well as various forms of engagement with the public and key stakeholders The report draws on regulatory practice in key jurisdictions around the world including Scotland Chile the US and other provinces in Canada

Achieving National Altruistic Self-Sufficiency In Human Eggs For Third-Party Reproduction In Canada, Jocelyn Downie, Francoise Baylis

Research Papers, Working Papers, Conference Papers

To avoid the commercialization of reproduction the Canadian Assisted Human Reproduction Act AHR Act 2004 prohibits the purchase of human eggs We endorse this legal prohibition and moreover believe that this facet of the law should not be allowed to have as an unintended consequence an increase in transnational trade in human eggs In an effort to avoid this consequence and to be consistent with the AHR Act we advocate a system of national altruistic selfsufficiency This article briefly outlines a number of strategies to increase the domestic altruistic supply of thirdparty eggs and decrease the domestic demand for thirdparty …

Fake It Till You Make It: Policymaking And Assisted Human Reproduction In Canada, Jocelyn Downie, Francoise Baylis, Dave Snow

Research Papers, Working Papers, Conference Papers

The Assisted Human Reproduction Act AHR Act came into effect in 2004 The AHR Act stipulates in s12 that no reimbursement of expenditures incurred in the course of donating gametes maintaining or transporting in vitro embryos or providing surrogacy services is permitted except in accordance with the regulations and with receipts Ten years later Health Canada still has not drafted the regulations governing reimbursement Section 12 is therefore still not in force Health Canada and others have asserted that there is a Health Canada policy on reimbursement and that reimbursement with receipts is legally permissible We dispute the existence of …

Faustian Perspective On Digitization: Making A Deal With The Devil, Lucie Guibault

Articles, Book Chapters, & Popular Press

No abstract provided.

Of Mitochondria And Men: Why Brain Death Is Not The Death Of The Human 'Organism As A Whole', Jacquelyn Shaw

Research Papers, Working Papers, Conference Papers

English Abstract Death is a phenomenon that resists simple explanation While the cardiopulmonary criterion of death has been used for centuries in most nations including the US and Canada brain death has also been accepted since 1968 as a second legal criterion held to be biologically equivalent to bodily death This equivalence has been argued to derive either from the brain's control over body functions or from the brain's work against entropy with a dead brain thereby producing a dead body Subsequently some have found these claims wanting An alternative bodycentered view based on the functioning of the body's mitochondria …

Report As To Proposed Pilot Project On The Electronic Monitoring Of Forensic Mental Health Patients, Elaine Gibson, Leah Hutt, Sheila Wildeman, Constance Macintosh

Reports & Public Policy Documents

This report was undertaken in response to a request from the Nova Scotia government for assistance in identifying and analyzing legal issues related to the potential establishment of a pilot project. The project would involve the use of electronic monitoring (EM) of forensic mental health patients (patients) detained at the East Coast Forensic Hospital (ECFH) who are exercising indirectly supervised and unescorted community access (community access). The purpose of our analysis is not to determine if an EM policy or its application violates any laws. Rather, the purpose is to consider whether there are factors that may support legal challenges …

Language Rights Remedies In The Supreme Court Of Canada: Invisible, Gentle, Or Stern Hand?, Dianne Pothier

Dianne Pothier Collection

The Supreme Court of Canada has used the context of language rights to establish significant contours of constitutional remedies. Language rights cases, both pre and post Charter, have engaged the full range of judicial intervention, from an invisible to a stern hand. Initially, the Supreme Court of Canada took a very passive stance in the context of bilingual language obligations of legislatures and courts. Despite lack express remedial direction from the Court, Quebec pulled out all the stops in its efforts to comply with the ruling with breakneck speed. In contrast, Manitoba adopted a leisurely pace in a half-hearted …

Twu Law: A Reply To Proponents Of Approval, Elaine Craig

Articles, Book Chapters, & Popular Press

Trinity Western University has a Community Covenant that only permits sexual minorities to attend at considerable personal cost to their dignity and sense of self-worth. All student and staff applicants to TWU are required to sign this covenant pledging not to engage in same sex intimacy. On April 11, 2014, the Law Society of British Columbia accredited TWU’s law degree program despite the university’s formal policy of exclusion on the basis of sexual orientation. Later that month, the Law Society of Upper Canada and the Nova Scotia Barristers’ Society refused to approve that same program because of concerns regarding the …

The Birth Of The Warsaw Loss & Damage Mechanism: Planting A Seed To Grow Ambition?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article starts with an update on the UN climate negotiations with respect to loss & damage. It then explores two approaches to loss & damage that are substantially different form the current path of the negotiations. Both approaches seek to utilize the concern over loss & damage to improve motivation for an adequate and fair global effort to mitigation and adapt to climate change. The approaches differ mainly in the extent they can be integrated into the current UN climate regime. The first approach would create a loss & damage liability fund that seeks to ensure adequate resources to …

Climate Geoengineering And Dispute Settlement Under Unclos And The Unfccc: Stormy Seas Ahead?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper considers the potential for the UNCLOS and UNFCCC regimes to be faced with disputes at the intersection between the management of climate change and ocean governance. Using the example of geo-engineering, the chapter considers how tensions between climate mitigation and management and conservation goals are likely to be addressed under the two regimes. The paper explores the capacity of the existing dispute resolutions mechanisms under the two regimes to deal with these tensions, conflicts and overlap.

A New Regulatory Framework For Low-Impact/High-Value Aquaculture In Nova Scotia, Meinhard Doelle, William Lahey

Reports & Public Policy Documents

The report is the result of a detailed assessment of aquaculture regulations in Nova Scotia. It proposes a new regulatory framework for the Nova Scotia aquaculture industry based on the principles of effectiveness, openness, transparency, accountability, proportionality, integration, and precaution. The report is based on a 18 months independent review of the industry and how it is regulated, as well as various forms of engagement with the public and key stakeholders. The report draws on regulatory practice in key jurisdictions around the world, including Scotland, Chile, the US, and other provinces in Canada.

Report Of The Nova Scotia Independent Panel On Hydraulic Fracturing, Frank Atherton, Michael Bradfield, Kevin Christmas, Shawn Dalton, Maurice Dusseault, Graham Gagnon, Brad Hayes, Constance Macintosh, Ian Mauro, Ray Ritcey

Reports & Public Policy Documents

On August 28, 2013, the Province of Nova Scotia and the Nova Scotia Department of Energy signed an agreement with the Verschuren Centre for Sustainability in Energy and the Environment at Cape Breton University to conduct an external review on the environmental, socio-economic, and health impacts of hydraulic fracturing. Simultaneously, Dr. David Wheeler, President and Vice Chancellor of Cape Breton University, was asked to convene and Chair the review and expert panel on a voluntary and unpaid basis.1 The mandate for the review was to: create a panel of technical experts based on input from the public and hire technical …

Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young

Reports & Public Policy Documents

As the world’s population increases, as global markets become more interconnected, and as the effects of climate change become clearer, the issue of food insecurity is gaining traction at local, national, and international levels. The recent global economic crisis and increased food prices have drawn attention to the urgent situation of the world’s 870 million chronically undernourished people who face the number one worldwide risk to health: hunger and malnutrition. Although about 75% of the world’s undernourished people live in low-income, rural regions of developing countries, hunger is also an issue in Canada. In 2011, 1.6 million Canadian households, or …

Recovery Planning For Pacific Marine Species At Risk In The Wake Of Climate Change And Ocean Acidification: Canadian Practice, Future Courses, Wesley Hartmann, David Vanderzwaag, Katja Fennel

Articles, Book Chapters, & Popular Press

This article evaluates how Canadian recovery planning for Pacific marine species at risk incorporates two pressing 21st century concerns: global climate change and ocean acidification (OA). While many recovery strategies for Pacific species at risk show some understanding of climate change or OA, they generally fail to incorporate key climate and OA information or to consider how these two issues will actually affect the species in question. Two strategies for progress are suggested. First is an administrative strategy that includes the development of a national climate change adaptation strategy, which clarifies how projected climate and ocean acidification impacts should be …

The Evolution Of Federal Ea In Canada: One Step Forward, Two Steps Back?, Meinhard Doelle

Research Papers, Working Papers, Conference Papers

This working paper provides a brief history of federal EA in Canada, and then offers an overview of the federal environmental assessment process (CEAA) before and after major changes introduced in 2012. The paper concludes with a brief summary of issues raised in two judicial review applications recently filed with respect to the application of CEAA 2012.

Opt-Out Process For Developing Countries, Meinhard Doelle

Articles, Book Chapters, & Popular Press

The Carbon Majors Funding Loss and Damage report by the Heinrich Böll Foundation and Climate Justice Programme proposes an international funding mechanism for loss and damage that would be funded by private and state actors that contribute significantly to GHG emissions. This paper explores special rules for state owned companies from developing countries that would be required to contribute to the proposed funding mechanism.

Creating Teaching Champions: Taking The Graduate Teaching Experience Outside The Classroom, Jill Mcsweeney, Nayha Acharya, Giovanna Celli, Colin Jackson, Marissa Ley, Raghav V. Sampagni

Articles, Book Chapters, & Popular Press

Teaching and learning (T&L) is considered an essential skill for graduate students (Rose, 2012). University T&L centres offer a range of workshops, seminars, and certificates, which allow students to engage with peers who are interested and enthusiastic about T&L and gain support for and confidence in their own teaching (Hughes, 2006). Still, there can be little opportunity for students to engage in more informal T&L dialogue within or outside of their department (Leger & Young, 2014). Through informal student feedback, the Centre for Learning and Teaching (CLT) at Dalhousie University identified this gap in graduate student T&L development, and created …

Tsilhqot'in Nation V. Bc: Reconfiguring Aboriginal Title In The Name Of Reconciliation, Constance Macintosh

Articles, Book Chapters, & Popular Press

In the text that follows, I start by explaining how Canada's behaviour in the Tsilhqot'in litigation undercuts, rather than fosters, the potential for a relationship of trust, which is foundational for reconciliation. In particular, I argue that Canada's behaviour suggests federal disregard for the state roles and responsibilities that the Supreme Court of Canada has found are mandated by the recognition and affirmation of Aboriginal and treaty rights in section 35 of the Constitution Act, 1982. I then focus on the judgment of the Court of Appeal. As discussed below, the Court of Appeal upheld the trial judge's decision, but …

Your Day In 'Wiki-Court': Adr, Fairness, And Justice In Wikipedia's Global Community, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Wikipedia has quickly become the largest volume of collected knowledge on the planet, but it is also one of the busiest centers for dispute resolution in the world. From small groups of individuals negotiating article changes on “talk pages”, to the involvement of hundreds of people in the formation of the community consensuses needed to implement new policies, to the use of binding arbitration to create final conflict resolutions, the Wikipedia community has developed a complex network of norms and rules that funnel all disagreements and intractable differences through a series of progressively more involved dispute resolution processes. I provide …

Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig

Articles, Book Chapters, & Popular Press

Women are disappearing. Sixty-nine of them disappeared from the Downtown Eastside of Vancouver between 1997 and 2002. Northern communities in British Columbia believe that more than 40 women have gone missing from the Highway of Tears in the past thirty years. The endangered do not come from every walk of life. Most of these women are Aboriginal. Many of them are poor. To be more precise then, poor women and Aboriginal women are disappearing. Aboriginal women in particular are the targets of an irrefutable epidemic of violence in Canada today.

Robert Pickton is thought to have murdered almost 50 of …

Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney

Articles, Book Chapters, & Popular Press

“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …

Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney

Articles, Book Chapters, & Popular Press

Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …

The Door Has A Tendency To Swing Shut: The Saga Of Aboriginal Peoples' Equality Claims, Naiomi Metallic

Articles, Book Chapters, & Popular Press

This paper tracks the history of Aboriginal peoples' equality complaints against the state. From the time Aboriginal people started to bring discrimination complaints before the courts, there have been significant obstacles that have operated to effectively — and sometimes even explicitly — prevent Aboriginal peoples from advancing pressing discrimination complaints against governments. Although there have been changes made in the law over time to attempt to eliminate such barriers, what we see is a pattern where new obstacles crop up to replace the old ones. Over and over, Aboriginal peoples see the door to equality open up only to have …

Scholarship From The Self: A Reason Among Many For Why Meditation Can Benefit Graduate Students, Nayha Acharya

Articles, Book Chapters, & Popular Press

Graduate student life is generally awesome, but it’s a whirlwind. There are ideas to develop, papers to edit, students to assist, milestones to celebrate, CVs to build, money to make, and futures to think about. Tangled up in all of this, it can seem impossible or even irresponsible to stop, breathe, and reflect on what we are doing and why. Gradually, though, I have been letting myself believe that for either aspiring or actual scholars, it can be a bit reckless not to take reflective pauses. Below I offer my thoughts on a fairly recently popularized method of pausing called …

Unasur: The Newest 'Global Player' Or Neo-Boliverian Fantasy?, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

The Union of South American Nations (Unasur) presents the most recent vision for trade liberalization and political, economic, and social integration amongst South American countries. Unasur has set 2019 as the year by which it hopes to accomplish many of its goals, such as full regional integration and tariff elimination. But, as 2019 slowly approaches, it remains to be seen whether Unasur will in fact be able to reach these goals. While Unasur’s future is certainly compelling, before heralding Unasur as the long-awaited panacea for pure regional integration, important lessons can be drawn from previous attempts at and iterations of …

A Review Of Historical Dictionary Of Librarianship By Mary Ellen Quinn, David H. Michels

Articles, Book Chapters, & Popular Press

A review of the Historical Dictionary of Librarianship by Mary Ellen Quinn.

The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig

Articles, Book Chapters, & Popular Press

The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …

Achieving National Altruistic Self-Sufficiency In Human Eggs For Third-Party Reproduction In Canada, Jocelyn Downie

Articles, Book Chapters, & Popular Press

To avoid the commercialization of reproduction, the Canadian Assisted Human Reproduction Act (AHR Act 2004) prohibits the purchase of human eggs. We endorse this legal prohibition and moreover believe that this facet of the law should not be allowed to have as an unintended consequence an increase in transnational trade in human eggs. In an effort to avoid this consequence, and to be consistent with the AHR Act, we advocate a system of national altruistic self-sufficiency. This article briefly outlines a number of strategies to increase the domestic altruistic supply of third-party eggs and decrease the domestic demand for third-party …

The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.

Toward A Jurisprudence Of Drug Regulation, Matthew Herder

Articles, Book Chapters, & Popular Press

Efforts to foster transparency in biopharmaceutical regulation are well underway: drug manufacturers are, for example, legally required to register clinical trials and share research results in the United States and Europe. Recently, the policy conversation has shifted toward the disclosure of clinical trial data, not just trial designs and basic results. Here, I argue that clinical trial registration and disclosure of clinical trial data are necessary but insufficient. There is also a need to ensure that regulatory decisions that flow from clinical trials — whether positive (i.e. product approvals) or negative (i.e. abandoned products, product refusals, and withdrawals) — are …