Law Commons^™

A Taste Of Tradition: Exploring Geographical Indications And Indigenous Agricultural Knowledge In Canada, Rashveen Chawla

Electronic Theses and Dissertations

This thesis offers a critical analysis of the use of geographical indications (GIs) to protect food and agricultural traditional knowledge products, with a focus on Canada. The aim of this research is to contextualize questions on the use of GIs within the general framework of international and national regimes governing intellectual property rights, traditional knowledge and agriculture. It also examines the relationship between geographical indications and development in Canada's intellectual property landscape. While the analysis presented in this dissertation is specific to Canada, the insights gained from this research may be relevant to other jurisdictions considering the use of geographical …

Deconstructing Caste-Based Private Discrimination: Comparative Examination Of India And Canada, Shubham Kumar

Electronic Theses and Dissertations

"Caste" is a rigid system of social hierarchy marked by deep-rooted divisions. These divisions are upheld through patriarchal and heteronormative practices, often enforced through the looming threats of social ostracism, economic boycotts, and physical violence, which also infringe upon the rights guaranteed by the Constitution of India. While numerous legal judgments and legislations have concentrated on mitigating caste-based discrimination by state authorities and individuals in public spaces, significantly less attention has been directed towards caste discrimination in private spheres, referred to as private discrimination. Despite explicit constitutional provisions that prohibit private discrimination and enable individuals to take legal action against …

Total Pit Bull Shit: Anomie And Breed Specific Legislation In Windsor, Ontario, Lauren Joy Sharpley

Electronic Theses and Dissertations

This study employs Durkheimian sociology, anomie in particular, to examine breed-specific legislation in Windsor, Ontario. This thesis is unique in that it analyses breed-specific legislation (BSL) in a way that has not been done previously, by applying a rigorous, sociological theory perspective. Other than discussions on totemism and limited discussions of animals, previous applications of Durkheim’s theories on anomie, morality and law have not focused on human-animal relationships, especially the relationship between humans and companion dogs. Human animal studies (HAS) and critical animal studies (CAS) literature has not employed the Durkheimian concept of anomie to understand human-animal relationships and BSL …

Kanoronhkwá: A Haudenosuanee Anishnawbe Woman’S View On The Impact Of The Doctrine Of Discovery On Haudenosaunee Women, Stephanie Pangowish

Electronic Theses and Dissertations

Since the colonization of Indigenous peoples on this territory, Indigenous women have faced violence, and we continue to face violence not only in political spheres but also at home; at the root of thisis the assumed sovereignty of the Canadian state over Indigenous peoples. Haudenosaunee women have long held a sacredness, a sacredness that has long been recognized by Haudenosaunee communities. Women's sacredness is outlined in our Creation Story and our Great Law of Peace. The Creation Story tells us how we interact with each other and all spiritual creation. Our Great Law of Peace is our governing law that …

International Humanitarian Law And Artificial Intelligence: A Canadian Perspective, Mahshid Talebian Kiaklayeh

Electronic Theses and Dissertations

Artificial Intelligence (AI) is one of the most remarkable achievements in the technology world. AI can be used dually by both civilians and combatants, serving with both beneficial and harmful aims. In the military realm, by empowering military systems to perform most warfare tasks without human involvement, AI developments have changed the capacity of militaries to conduct complex operations with heightened legal implications. Accordingly, it is vital to consider the consequences emanating from its use in military operations. International Humanitarian Law (IHL), also known as the laws of war, or the Law of Armed Conflict (LOAC), is a set of …

Legal Interventions And Access To Maternal Health Services By Women With Disabilities (Wwd) In Bangladesh: Lessons From Canada, Khandakar Kohinur Akter

Electronic Theses and Dissertations

This thesis investigates how and why women with disabilities are facing various kinds of barriers and challenges while accessing maternal health services. It tries to focus on the barriers in the built environment and attitudinal barriers that hinder the way of getting maternal health services by women with disabilities which they are entitled to.

A literature review discusses the major barriers which women with disabilities encounter across different jurisdictions along with Bangladesh. The literature review on the accessibility of Bangladesh and real-life stories confirms the existence of some common barriers women with disabilities face while accessing maternal health services.

Further, …

Canadian Corporations, Human Rights Violations And Third World Extractive Industries: Justiciability In Canada?, Samsudeen Olalekan Alabi

Electronic Theses and Dissertations

Your phone, the car you drive, the bicycle you ride, the aircraft you fly, and the computer with which you are reading this thesis most likely contains minerals extracted from a mine in a Third World State where Canadian corporations are routinely implicated in human rights violations. This thesis explores whether these human rights violations committed by Canadian corporations in the extractive industries of Third World states are justiciable in Canadian courts. Based on an empirical review of caselaw between 2000 to 2020, I argue that the justiciability of all human rights violations committed in this context is not yet …

Adapting Hybrid Courts To Drive Transnational Climate Accountability, Ifeanyi Emmanuel Nwokolo

Electronic Theses and Dissertations

Climate change is a complex and transboundary problem poised to become increasingly worse unless concrete action is taken by all parties concerned to stem the catastrophe and dial back the levers to climate collapse. The brunt of climate change is being felt across the world but particularly in Global South countries with limited capacity to mitigate the damage caused by these changes. To respond to this challenge, governments acting in concert under the auspices of the UN as well as domestically are putting in place laws aimed at stemming the tide. However, legislation has come up short owing to a …

Regulatory Models For Copyright Protection Of Online Musical Works: Should Ghana Follow The Eu Approach?, Kow Abekah-Wonkyi

Electronic Theses and Dissertations

In the era of digitization and internet, the relevance of appropriate copyright laws that would safeguard the rights and interests of musicians and their works on internet platforms cannot be overemphasized, given the tendency for such platforms to facilitate the unauthorized access of copyrighted contents.

In Ghana, the pervasive issues around music copyright and the internet as characterized by unlicensed access to copyrighted works on internet and digital platforms, have been subjected to some intense conversations that border on the potency of the laws, as well as the effectiveness of the various mandated state institutions in responding to such issues. …

Access Denied: A Socio-Legal Exploration Of Access To Justice In Nigerian Wrongful Conviction Cases, Chinyere Obinna

Electronic Theses and Dissertations

Research has shown that notwithstanding the substantive and procedural laws that protect the rights of criminal defendants in Nigeria, the criminal justice system has often failed to uphold its commitment of justice to these individuals, resulting in wrongful convictions. Wrongful convictions undermine the integrity and effectiveness of the criminal justice system and result in devastating consequences on wrongfully convicted individuals. Though the reality of wrongful conviction is established in Nigeria, research on the problem is scarce. Besides, much of the available literature focuses on the legal causes of wrongful convictions without considering the broader social context. This thesis seeks to …

International Imposition Vs. Domestic Assimilation: The Criminalization Of Female Genital Cutting In Ghana, Anna Amma Sallah

Electronic Theses and Dissertations

The unassailable continuity of female genital cutting (FGC) despite its criminalization and the salience wielded over the past few decades stokes thoughts about what is missing—signifying the need to examine present legal mechanisms pertinent to FGC critically. The current research fails to consider the full breadth of the entanglement of law and culture relating to FGC, which is important because where the change of behavior is the objective of the law, social and legal norms must interact. By relying on the basis that FGC is not a normative crime but a deeply rooted cultural practice, I argue that international law …

Gender Diversity In The Boardroom And Firms Effectiveness: A Comparative Analysis Between The Nigerian And Canadian Corporate Governance Framework, Blessing C. Madu

Electronic Theses and Dissertations

This study examined the corporate governance legislative framework on gender diversity in Nigeria and Canada’s corporate boards. Despite gender disparity recognized internationally and several attempts have been made to close the gap, gender diversity in the corporate world in Nigeria still seem to experience the disparity. Thus, this study investigated why Nigerian corporate boardrooms are not gender heterogeneous, provided a comparative analysis with Canada’s corporate governance framework and provided recommendations from the comparative analysis. It further explored how Nigeria can achieve gender diversity in the boardroom. This study adopted the resource dependency and agency theory theoretical framework and used the …

Legal Interventions And Access To Maternal Health Services By Women With Disabilities (Wwd) In Bangladesh: Lessons From Canada, Khandakar Kohinur Akter

Electronic Theses and Dissertations

This thesis investigates how and why women with disabilities are facing various kinds of barriers and challenges while accessing maternal health services. It tries to focus on the barriers in the built environment and attitudinal barriers that hinder the way of getting maternal health services by women with disabilities which they are entitled to. A literature review discusses the major barriers which women with disabilities encounter across different jurisdictions along with Bangladesh. The literature review on the accessibility of Bangladesh and real-life stories confirms the existence of some common barriers women with disabilities face while accessing maternal health services. Further, …