Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Human Rights And The Rule Of Law: Implications For Canada-China Relations, Pitman B. Potter
Human Rights And The Rule Of Law: Implications For Canada-China Relations, Pitman B. Potter
All Faculty Publications
China’s rise to prosperity has seen increased tension with international standards of human rights and the rule of law such that, after a lengthy period of tentative engagement China has more recently worked to change international standards to accommodate its interests. China’s approach to human rights and the rule of law has significant implications for Canada, not only for our bilateral relations but also in terms of the impacts on international institutions that are of vital interest to Canada. In response, Canada should pursue a program of selective engagement, that combines attention to China’s abuses of human rights and the …
Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds
Recognizing The Relevance Of Human Rights: The Application Of The Presumption Of Conformity In The Context Of Copyright, Graham Reynolds
All Faculty Publications
This article discusses the application of the presumption of conformity with international law in the context of copyright. Although Canadian courts have applied the presumption of conformity in a number of copyright cases, no Canadian court has explicitly considered, under the presumption of conformity, whether interpretations of provisions of the Copyright Act are consistent with, or reflect the values and principles of, international human rights treaties that Canada has signed and ratified. In this article, I will argue that Canadian courts applying the presumption of conformity in the context of copyright should do so with reference to Canada’s obligations under …