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Full-Text Articles in Law

Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle Oct 2018

Challenges And Opportunities Of A Forthcoming Strategic Assessment Of The Implications Of International Climate Change Mitigation Commitments For Individual Undertakings In Canada, Robert B. Gibson, Karine Péloffy, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Canada is preparing to initiate a challenging, but potentially ground-breaking, strategic assessment on the implications of its climate change mitigation commitments for project assessments. The strategic assessment is immediately needed to provide project-level guidance for decision makers who will be required under new federal legislation to consider the extent to which each assessed project “contributes to sustainability” and “hinders or contributes to” meeting Canada’s climate commitments. However, Canada, like many other countries, has not yet translated its Paris Agreementclimate commitments into an adequate suite of specific policies, pathways, budgets, and other directives for compliance. Consequently, the climate commitments’ strategic assessment …


Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper Oct 2018

Language's Empire: A Counter-Telling Of Administrative Law In Canada, Nicholas Hooper

LLM Theses

This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.


Legalizing Assisted Dying: Cross Purposes And Unintended Consequences, Emily Jackson Apr 2018

Legalizing Assisted Dying: Cross Purposes And Unintended Consequences, Emily Jackson

Dalhousie Law Journal

In the UK, assisted dying continues to be unlawful, and pro-legalization campaigners have made use of human rights based applications for judicial review and Private Members Bills in order to try to change the law. Interestingly, however, the proposed statute would not offer an assisted death to many of the litigants who have sought to force Parliament's hand. This article considers whether this a one-off peculiarity, or whether there might be other mismatches between what the law can achieve and what matters most to people who are seeking an assisted death for themselves. It also explores what seems to be …


Physicians' Attitudes, Concerns, And Procedural Understanding Of Medical Aid-In-Dying In Vermont, Teresa Ditommaso, Ari P. Kirshenbaum, Brendan Parent Apr 2018

Physicians' Attitudes, Concerns, And Procedural Understanding Of Medical Aid-In-Dying In Vermont, Teresa Ditommaso, Ari P. Kirshenbaum, Brendan Parent

Dalhousie Law Journal

The general purpose of the current study was to collect data on physicians' attitudes towards Act 39, the medical aid-in-dying act that was legislatively approved in 2013. Given the recent nature of the implementation of Act 39, this is the first such study to be conducted in the State of Vermont. The survey was quantitative in nature and addressed three distinct aspects of legalized prescribing of life-ending medication, these being physicians': (I) attitudes regarding ethics and legality of Act 39, (11)understandings of the policies and procedural requirements under the law, including their belief in legal immunity from penalty, and (I1) …


The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick Apr 2018

The Animal Protection Commission: Advancing Social Membership For Animals Through A Novel Administrative Agency, John Maccormick

Dalhousie Law Journal

If the state sought to improve law's treatment of nonhuman animals, what form should its intervention take? This paper questions the assumption that the state would have to choose between incremental welfare reforms and an immediate transition to animal personhood. Drawing on Martha Nussbaum's capabilities theory and on Sue Donaldson and Will Kymlicka's political approach to animal rights, it argues that the focus should be on how the relationship between human and nonhuman animals can be improved. It suggests that the state could intervene by creating an administrative agency with just this task; and that it could look to labour …


Planet Netsweeper, Jakub Dalek, Lex Gill, Bill Marczak, Sarah Mckune, Naser Noor, Joshua Oliver, Jonathon Penney, Adam Senft, Ronald Deibert Jan 2018

Planet Netsweeper, Jakub Dalek, Lex Gill, Bill Marczak, Sarah Mckune, Naser Noor, Joshua Oliver, Jonathon Penney, Adam Senft, Ronald Deibert

Reports & Public Policy Documents

Internet filtering technologies play a critical role in shaping access to information online. Whether we are connecting to the Internet from our homes, coffee shops, libraries, or places of work, software that inspects, manages, and/or blocks our communications has become commonplace. When used at the level of large, consumer-facing Internet Service Providers (ISPs), Internet filtering technologies can have significant human rights impacts. A growing number of governments employ Internet filtering systems at this scale in order to undertake national-level censorship of the Internet. Filtered content ranges from pornography, hate speech, and speech promoting or inciting violence, to political opposition websites, …