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Business Organizations Law

Schulich School of Law, Dalhousie University

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Human rights

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Full-Text Articles in Law

Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck Nov 2021

Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck

Articles, Book Chapters, & Popular Press

In line with global trends, there has been an increase in human rights-based climate litigation brought in Canadian courts in recent years. Some litigants invoke human rights as found in the Canadian Charter of Rights and Freedoms to push federal and provincial governments to take seriously the implementation of their climate obligations. Other litigants invoke procedural environmental human rights to engage in free speech and peaceful protest in the face of government action supporting fossil fuel consumption or expansion. At the same time, the Supreme Court of Canada has recognized that Canadian courts could develop civil remedies for corporate violations …


Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe Jun 2020

Evidence Brief: Impact Assessment And Responsible Business Conduct, Sara L. Seck, Penelope Simons, Adebayo Majekolagbe

Responsible Business Conduct and Impact Assessment Law

This Evidence Brief provides a concise overview of the April 2020 report, Sara Seck & Penelope Simons, "Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement" (Draft Final Report for the SSHRC Knowledge Synthesis Grant: Informing Best Practices in Environmental and Impact Assessments, 13 April 2020).


Human Rights And The Impact Assessment Act: Proponents And Consultants As Duty Bearers, Adebayo Majekolagbe, Sara L. Seck, Penelope Simons Jan 2020

Human Rights And The Impact Assessment Act: Proponents And Consultants As Duty Bearers, Adebayo Majekolagbe, Sara L. Seck, Penelope Simons

Responsible Business Conduct and Impact Assessment Law

This chapter is the pre-publication version of a contribution to a book on the new federal Impact Assessment Act (IAA), and builds upon the research conducted for the SSHRC KSG on responsible business conduct and the IAA. We highlight the role of proponents and their consultants as human rights duty bearers and recommend the integration of human rights approaches into impact assessment processes under the IAA.


Business Responsibilities For Human Rights And Climate Change, Sara Seck Jan 2017

Business Responsibilities For Human Rights And Climate Change, Sara Seck

Articles, Book Chapters, & Popular Press

This contribution to the work of the International Law Association’s Study Group on Business and Human Rights considers the relationship between business responsibilities for human rights and climate change. While it is now widely accepted that the adverse effects of climate change undermine the enjoyment of human rights, and that businesses have a responsibility to respect human rights, the relationship between business responsibilities for human rights and climate change is unclear. This paper first considers state duties to protect human rights from climate change harms, including harms arising from business activities, and second, considers how the business responsibility to respect …


Canadian Mining Internationally And The Un Guiding Principles For Business And Human Rights, Sara Seck Jan 2011

Canadian Mining Internationally And The Un Guiding Principles For Business And Human Rights, Sara Seck

Articles, Book Chapters, & Popular Press

Between 2005 and 2011, there was much debate within Canada and at the United Nations over what role home states should play in the regulation and adjudications of human rights harms associated with transnational corporate conduct. In Canada, this debate focused upon concerns associated with global mining, and led to a series of government, opposition and multi-stakeholder reports and proposals. These culminated in 2010 with the appointment of a Corporate Social Responsibility Counsellor for the Extractive Sector and the defeat of Bill C-300, an act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries. Meanwhile, …