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 …

Cuban Embargo: An Insufficient Measure To Encourage Us Foreign Policy Interests, Esme Jm Prowse

Major Papers

This major paper examines the Cuban embargo as an ineffective hard power policy and explores the potential of soft, hard, and smart power as alternative approaches to resolve the failures of the 60-year-old blockade. The paper analyzes the historical context and rationale behind the embargo and assesses its impact on Cuban-American relations, regional stability, and U.S. national interests. The study argues that the embargo has failed to achieve its intended goals and has instead perpetuated a cycle of hostility, isolation, and human rights abuses. By drawing on the theoretical frameworks of soft, hard, and smart power, the paper presents policy …

Amending Amendments: Digital Colonialism, Bill C-11, And Assessing The Call For Improvement, Kayla Victoria Destiny Clarke

Major Papers

Media scholars Nick Couldry and Ulises Mejias (2019) define digital colonialism as the “term for the extension of a global process of extraction that started under colonialism and continues through industrial capitalism, culminating in today's new form: instead of natural resources in labor, what is now being appropriated is human life through its conversion into data” (p. 22). This research will critically analyze the Canadian government’s ill-received Bill C-11: the Amended Consumer Privacy Protection Act by using digital colonialism as a conceptual framework to reveal the Bill’s essential limitations. It will consist of two sections: 1) an in-depth exploration of …

Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic

Major Papers

Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …

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 …

Preventing The Resource Curse In Ghana: The Role Of Government And International Oil Companies In The Exploration And Management Of Ghana’S Non-Renewable Resources For Inclusive Development (Oil/Gas), Maud Esi Amoafo

Major Papers

This study investigated the role of government and IOCs in the exploration and management of Ghana’s non-renewable resources (oil/gas) for inclusive development and the prevention of the resource curse. Incorporating the rentier state theory and resource curse theory into the study, this paper found that following the commencement of oil production in 2010, the Government of Ghana has enacted major institutional and legislative frameworks, including the PRMA and the GLCL, to combat the impending challenges of the oil industry. Through the PRMA 815, the Petroleum Holding Fund and PIAC have been established for a more transparent and accountable disbursement of …

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 …

Asymmetrical Governance: Auditing Algorithms To Preserve Due Process Rights, Paul J. Baillargeon

Major Papers

We are now living in age where algorithms, and the data that feed them, govern a wide variety of decisions in our lives: not just search engines and personalized Netflix suggestions, but educational evaluations, stock market trades and political campaigns, the urban planning, and even how social services like welfare and public safety are managed. Heterogeneous lists like this have become the norm in any critical examination of algorithms, giving the impression of a ubiquitous relevance of algorithms. But algorithms can make mistakes that directly affect individuals and often contain both implicit and explicit biases. The technical complexity of algorithms, …

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, …

How To Increase Migrant Resilience In Canada: What The Legal System Can Do To Help, Po Kwan Tara Chan

Major Papers

Immigration is important to Canada. Migrants replenish our declining population, help drive our economy, and contribute to our labour market. By 2036, almost half of the Canadian population will be either first-generation or second-generation immigrants. While the migrant experience varies, it is recognized to be deeply challenging. Among these barriers is often the need to engage with the complex legal system during and after the settlement process.

This paper uses the literature to better understand the benefits of migrants in Canada, concept of resilience, benefits of diversity in the workplace, and how law firms can leverage diversity to perform better. …

Legal Process Outsourcing: Analyzing And Managing The Prospective "Make Or Buy" Decision By Ontario Law Firms, Brandon Keshen

Major Papers

This paper examines the costs, risks and benefits associated with law firms outsourcing some of their core business activities to legal process outsourcers (“LPOs”). Similar to other outsourcing operations, LPOs supply services for a fraction of the cost of what law firms charge for similar services. Common in manufacturing industries, the decision to outsource, or keep work in-house (also referred to as a “make or buy” decision), has become more prevalent in the area of business services, including client service industries such as consulting and financial management. With respect to legal services, recent and rapid changes to the legal profession, …

E-Cigarette Consumption In North American Schools, Abdul Hakim Merhi

Major Papers

E-Cigarette use has grown at an unprecedented rate in North America. Studies are being conducted to understand the social and health-related implications of this phenomenon. Teenagers are at the center of the discussion when e-cigarette consumption is researched and examined. Understanding the rate of growth and consumption relative to school settings is important to understanding this phenomenon.

A knowledge synthesis is provided to direct the following questions: (1) Where are teenagers consuming e-cigarettes? And why? (2) What are some current North American policies that address smoking and vaping in schools? (3) Why is the consumption of e-cigarettes school property problematic …

Access To Justice Meets Opportunity: Reverse Auction Ventures As A Possible Solution To The Unaffordability Of Personal Plight Legal Services And Oversupply Of Lawyers, Shawn P. Quigg

Major Papers

Individuals who experience personal plight legal issues face several barriers to justice. Low- and medium-income earners are especially disadvantaged, given the high financial, temporal, and emotional costs associated with accessing justice. Simultaneously, law schools are graduating more law students than jobs available. The imbalance leaves many young lawyers, with mounting debt, no means with which to pay off the debt. The purpose of this study is to assess the viability of a legal services reverse auction platform as a solution to the access to justice and lawyer oversupply problems.

The feasibility study examines the characteristics of the business models of …

Exploring The Relationship Between Executive Compensation And Corporate Mergers And Acquisitions, Akiva Stern

Major Papers

Corporate Governance is one of the most important aspects of corporate life. The role requires individuals to have a moderate, if not excellent command of not only the industry they are operating within, but the basic tenants of many disciplines including law and finance. It is therefore important to not only view how these disciplines contribute to their knowledge individually, but also how they might work together to provide a better insight into governing a company on a day-to-day basis.

A predominant decision that often comes under scrutiny is the relationship between executive compensation and M&A Activity. This paper takes …