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Articles 1 - 30 of 59
Full-Text Articles in Law
Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare
Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare
Articles, Book Chapters, & Popular Press
Nova Scotia's Department of Agriculture has quietly announced its plan to prop up the mink farm industry, by paying for COVID-19 vaccines for minks. Throughout the pandemic, we’ve learned that minks can catch COVID, spread it between themselves, and transmit it to the humans who work on these farms. As part of Nova Scotia’s vaccination program, 54,000 doses will be administered to the animals whose pelts will eventually be sold overseas.
Habeas Corpus Unbound, Sheila Wildeman
Habeas Corpus Unbound, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin to …
Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics
Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics
Articles, Book Chapters, & Popular Press
In February 2021, Professor Jodi Lazare was contacted by Petroglyph Comics, a social justice comic studio, that wanted to turn her research on Canadian ag-gag legislation into a comic, accessible to all. The resulting comic is based on two articles by Prof. Lazare, the first published in the Alberta Law Journal and the second currently under review at a second Canadian law journal. Both articles combine her interests in animal law and constitutional law to suggest that recently adopted legislation limiting access to and information about industrially farmed animals in Canada constitutes an unjustified limit to the constitutional right …
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
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 …
The Shipping Sector And Ports As Central Actors In The Decarbonization Effort: A Case Study Of China, Aspasia Pastra, Meinhard Doelle, Tafsor Johansson
The Shipping Sector And Ports As Central Actors In The Decarbonization Effort: A Case Study Of China, Aspasia Pastra, Meinhard Doelle, Tafsor Johansson
Articles, Book Chapters, & Popular Press
This article carves out China’s maritime state-of-play with regards to GHG mitigating measures with a special focus on CO2 emission. The article commences with an overview of IMO’s GHG strategy taking into account the critical targets, proposed plans, schemes and measures aimed at the shipping sector. Discussions then segue into a twofold discussion pertaining to China’s current policy and port governance actions highlighting some of the existing gaps and challenges. Reference is made to remarkable developments from countries considering three vital key elements for an effective green port policy framework before drawing concluding remarks.
Nature-Based Solutions To Sea Level Rise And Other Climate Change Impacts On : A Law And Policy Perspective, Meinhard Doelle, Tony George Puthucherril
Nature-Based Solutions To Sea Level Rise And Other Climate Change Impacts On : A Law And Policy Perspective, Meinhard Doelle, Tony George Puthucherril
Articles, Book Chapters, & Popular Press
There are several nature-based adaptation options available to coastal nations. In this paper, we offer a brief overview of these options and then focus on mangroves to consider how laws and policies can support nature-based solutions and thereby contribute to more effective overall adaptation efforts. We first outline the concept of adaptation and its variants, thereby setting the context for this study. We then briefly explore the science relating to nature-based adaptation. We analyze the international legal regime in place to protect mangrove ecosystems. Finally, we discuss the merits, the challenges, and strategies developed to surmount some of the challenges …
R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene
Articles, Book Chapters, & Popular Press
This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law, and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of …
Climate Justice And The Etos, Sara L. Seck
Climate Justice And The Etos, Sara L. Seck
Articles, Book Chapters, & Popular Press
This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …
A Critical Appraisal Of The African Continental Free Trade Area Agreement, Olabisi D. Akinkugbe
A Critical Appraisal Of The African Continental Free Trade Area Agreement, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Despite Africa’s fragmented sub-regional economic regimes, the AfCFTA Agreement represents a significant moment for African States to harness the continent’s international trade and investment opportunities on their own terms. The AfCFTA Agreement initiates a set of complex and lengthy negotiations with a view to reducing tariffs, galvanize industrial production and boost Africa’s trade. The success of Africa’s reinvigorated liberal internationalism embodied in the AfCFTA Agreement depends on a host of factors that primarily includes its effective implementation.
This Chapter situates the AfCFTA Agreement in the historical and contemporary contexts of the mixed performance of sub-regional economic communities and other regimes …
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”
This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …
Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Articles, Book Chapters, & Popular Press
With the proliferation of digital data, data mining (DM)—in the sense of the discovery of valuable structures in large sets of data—is expected to increase the productivity of many types of research. This paper discusses how copyright affects DM by academic researchers. In some territories, academic DM is lawful if researchers have lawful access to input works. In other territories such as the European Union, lawful DM additionally requires specific consent by rights holders. Based on bibliometric data and quasi-experimental research designs, we show that where academic DM requires specific rights holder consent: (1) DM publications make up a significantly …
Critiquing Instrumentalism In High Education: Lessons From Teaching As A Meditative Inquiry, Ashwani Kumar, Nayha Acharya
Critiquing Instrumentalism In High Education: Lessons From Teaching As A Meditative Inquiry, Ashwani Kumar, Nayha Acharya
Articles, Book Chapters, & Popular Press
In this conceptual and self-reflective essay, the authors begin from the premise that the contemporary higher educational institutions in Canada and many other parts of the world have increasingly tended to focus on instrumental teaching, rooted in neoliberal and capitalist ideals of societal progress through economic development. The result is that higher education centralizes making students career ready, rather than the holistic development of the student. Critical of this, Ashwani Kumar (professor of Education) and Nayha Acharya (professor of Law), undertake a collaborative effort to discuss how Kumar’s theoretical and practical concept of teaching as meditative inquiry can be an …
Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Article 20 AfCFTA establishes a Dispute Settlement Mechanism, the Protocol on Rules and Procedures on the Settlement of Disputes (‘the AfCFTA DSM Protocol’; ‘Protocol’) and a Dispute Settlement Body (‘DSB’) for resolving disputes between State Parties. The AfCFTA dispute settlement mechanism is a central element of the AfCFTA as it provides security and predictability to the regional trading system (Art 4 AfCFTA-DSM Protocol). The AfCFTA dispute settlement mechanism will ‘preserve the rights and obligations of State Parties under the Agreement and clarify the existing provisions of the Agreement in accordance with customary rules of interpretation of public international law’ (Art …
International Decision Commentary: Houngue Éric Noudehouenou V. Republic Of Benin, Olabisi D. Akinkugbe
International Decision Commentary: Houngue Éric Noudehouenou V. Republic Of Benin, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The judgment in Houngue Éric Noudehouenou v. Republic of Benin adds to the growing body of human rights jurisprudence on national electoral processes in Africa’s international courts. The decision demonstrates the growing importance of Africa’s regional and sub-regional courts as an alternative venue for opposition politicians, activists, and citizens to mobilize and challenge election processes and constitutional amendment processes where the playing field in their state is uneven. In turn, it reinforces the pivotal role of the regional and sub-regional courts in consolidating democratic governance in Africa, and reveals the limits of assessing the performance of Africa’s international courts solely …
Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe
Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Recent trends in reforms by African states in the field of International Investment Law (IIL) has been dubbed as the Africanization of IIL. These important debates regarding reform of IIL in Africa foreground innovative aspects of International Investment Agreements (IIA) in contrast to the traditional IIL regime. The debates also remind us of the relative lack of African voices in the global IIL reform agenda. There is however little research that critically analyze the Africanization of IIL thesis.
This article undertakes this analysis. Drawing on TWAIL, it characterizes Africanization of IIL into ‘moderate’ and ‘radical’ reforms. The article analyzes the …
The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden
The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden
Articles, Book Chapters, & Popular Press
Government lawyers, and the specific legal ethics issues that arise in their practices, remain largely overlooked in Canadian legal education. The authors argue that government lawyering should be better incorporated into legal ethics curricula in law schools, for both practical and conceptual reasons. Most importantly, understanding issues unique to government lawyering helps students better understand core concepts in legal ethics, and thus better prepare for the practice of law both in the public and private sectors. While law teachers face serious challenges in incorporating government lawyering into legal ethics education, many of those challenges can be confronted and ameliorated. The …
Testing For Consistency: Certain Digital Tax Measures And Wto Non-Discrimination, Okanga Ogbu Okanga
Testing For Consistency: Certain Digital Tax Measures And Wto Non-Discrimination, Okanga Ogbu Okanga
Articles, Book Chapters, & Popular Press
Few issues have challenged tax policymakers and commentators as much as digital taxation has in recent years. Ongoing efforts to reconstruct the rules of international tax to “properly” govern the taxation of the global digital economy have evoked some important tax and trade related considerations. As regards the latter, unilateral attempts by various states – partly spurred on by a lack of multilateral consensus – to tax nonresident digitalized businesses threaten to disrupt international trade relations, with threats of trade war exchanged between some World Trade Organization (WTO) member states over the propriety of the proposed tax measures. As the …
J. Krishnamurti And The Contemporary World Crises: Introduction To The Conference Proceedings, Ashwani Kumar, Nayha Acharya
J. Krishnamurti And The Contemporary World Crises: Introduction To The Conference Proceedings, Ashwani Kumar, Nayha Acharya
Articles, Book Chapters, & Popular Press
We, Ashwani Kumar and Nayha Acharya, are excited and honoured to share the conference proceedings of the J. Krishnamurti and the Contemporary World Crises International Online Conference. The conference took place at the end of February 2021. It was free for anyone to attend. In our introduction we share how the conference was conceptualized, why J. Krishnamurti is a relevant focus in today’s world, how the conference unfolded, and how attendees responded to this conference.
I, Ashwani Kumar, have spent much of my academic journey studying, applying, teaching, and engaging in dialogues about J. Krishnamurti’s insights into human consciousness and …
Transparency Of Regulatory Data Across The European Medicines Agency, Health Canada, And Us Food And Drug Administration, Alexander C. Egilman, Amy Kapczynski, Margaret E. Mccarthy, Anita T. Luxkaranayagam, Christopher J. Morten, Matthew Herder, Joshua D. Wallach, Joseph S. Ross
Transparency Of Regulatory Data Across The European Medicines Agency, Health Canada, And Us Food And Drug Administration, Alexander C. Egilman, Amy Kapczynski, Margaret E. Mccarthy, Anita T. Luxkaranayagam, Christopher J. Morten, Matthew Herder, Joshua D. Wallach, Joseph S. Ross
Articles, Book Chapters, & Popular Press
Based on an analysis of relevant laws and policies, regulator data portals, and information requests, we find that clinical data, including clinical study reports, submitted to the European Medicines Agency and Health Canada to support approval of medicines are routinely made publicly available.
An Abortion Law Preformed, Joanna Erdman
An Abortion Law Preformed, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article engages the transcribed testimony of Carolyn Egan and Janice Patricia Tripp in R v Morgentaler as a critical moment of lawmaking. There is something revealing, often amusing, and sometimes devastating, when a lawyer asks a non-lawyer, in this case, a social worker: “What is the law?” The article focuses on those moments in their testimony when Egan and Tripp answered questions about the 1969 abortion law that made the law itself, its rules and procedures, the subject of examination, and in doing so, constructed new meanings of the law and social action in relation to it in the …
Transforming Restorative Justice, Jennifer Llewellyn
Transforming Restorative Justice, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
From the global pandemic to the Black Lives Matter, the Me Too/Times Up and Indigenous reconciliation and decolonisation movements, the systemic and structural failures of current social institutions around the world have all been brought to our collective consciousness in poignant, painful and urgent ways. The need for fundamental social and systemic transformation is clear. This challenge is central to the work of dealing with the past in countries undergoing transition and in established democracies confronting deep structural inequalities and injustices. Rooted in lessons from the application of restorative justice across these contexts, this article suggests that grounding restorative justice …
The Premier Should Not Also Be The Attorney General: Roncarelli V Duplessis Revisited As A Cautionary Tale In Legal Ethics And Professionalism, Andrew Flavelle Martin
The Premier Should Not Also Be The Attorney General: Roncarelli V Duplessis Revisited As A Cautionary Tale In Legal Ethics And Professionalism, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
From time to time, a Premier or Prime Minister appoints themself as Attorney General. In this article, I argue that this dual portfolio is inherently and incurably problematic and should be avoided and indeed prohibited. I do so from the perspective of legal ethics and professionalism. The springboard for my analysis is the conduct of Quebec Premier and Attorney General Maurice Duplessis in the classic case of Roncarelli v Duplessis. While there may well be perceived benefits that tempt Premiers to serve in the dual role, any lawyer who does so unavoidably violates his or her professional obligations. For …
Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe
Judicialization Of Election Disputes In Africa's International Courts, James Thuo Gathii, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
This article assesses what benefit losers of high-stakes national elections think they will get from petitioning international courts in Africa. We seek to establish how judicial intervention differs before an election when there is a risk of an international law violation, versus after an election has occurred and the result is viewed as flawed. We address these questions by drawing on a set of disputes decided by international courts in Africa in the African Court, the Economic Community of West African States (“ECOWAS”) Community Court of Justice, and the East African Court of Justice. We supplement our analysis by discussing …
Regulators, Pivotal Clinical Trials, And Drug Regulation In The Age Of Covid-19, Joel Lexchin, Janice Graham, Matthew Herder, Tom Jefferson, Trudo Lemmens
Regulators, Pivotal Clinical Trials, And Drug Regulation In The Age Of Covid-19, Joel Lexchin, Janice Graham, Matthew Herder, Tom Jefferson, Trudo Lemmens
Articles, Book Chapters, & Popular Press
Medicine regulators rely on pivotal clinical trials to make decisions about approving a new drug, but little is known about how they judge whether pivotal trials justify the approval of new drugs. We explore this issue by looking at the positions of 3 major regulators: the European Medicines Agency, Food and Drug Administration, and Health Canada. Here we report their views and the implications of those views for the approval process. On various points, the 3 regulators are ambiguous, consistent, and demonstrate flexibility. The range of views may well reflect different regulatory cultures. Although clinical trial information from pivotal trials …
Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz, Lucie Guibault, Graham Reynolds, Bita Amani, Sara Bannerman, Pascale Chapdelaine, Myra Tawfik, Samuel Trosow
Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz, Lucie Guibault, Graham Reynolds, Bita Amani, Sara Bannerman, Pascale Chapdelaine, Myra Tawfik, Samuel Trosow
Articles, Book Chapters, & Popular Press
As a group of Canadian Intellectual Property Law scholars, we write regarding the Ministers’ recently launched consultation on extending the term of copyright protection in order to meet Canada’s CUSMA commitments. With this letter, which we jointly submit in response to the call for comments, we wish to express our shared concerns about both the proposed term extension and, more immediately, the inappropriately curtailed nature of this consultation process.
Book Review: The Right To A Fair Trial In International Law, Robert Currie
Book Review: The Right To A Fair Trial In International Law, Robert Currie
Articles, Book Chapters, & Popular Press
No abstract provided.
Attitudes Toward Withholding Antibiotics From People With Dementia Lacking Decisional Capacity: Findings From A Survey Of Canadian Stakeholders, Gina Bravo, Lieve Van Den Block, Jocelyn Downie, Marcel Arcand, Lise Trottier
Attitudes Toward Withholding Antibiotics From People With Dementia Lacking Decisional Capacity: Findings From A Survey Of Canadian Stakeholders, Gina Bravo, Lieve Van Den Block, Jocelyn Downie, Marcel Arcand, Lise Trottier
Articles, Book Chapters, & Popular Press
Background
Healthcare professionals and surrogate decision-makers often face the difficult decision of whether to initiate or withhold antibiotics from people with dementia who have developed a life-threatening infection after losing decisional capacity.
Methods
We conducted a vignette-based survey among 1050 Quebec stakeholders (senior citizens, family caregivers, nurses and physicians; response rate 49.4%) to (1) assess their attitudes toward withholding antibiotics from people with dementia lacking decisional capacity; (2) compare attitudes between dementia stages and stakeholder groups; and (3) investigate other correlates of attitudes, including support for continuous deep sedation (CDS) and medical assistance in dying (MAID). The vignettes feature a …
Securing Safe Supply During Covid-19 And Beyond: Scoping Review And Knowledge Mobilization, Matthew Bonn, Natasha Touesnard, Brianna Cheng, Michael Pugliese, Emilie Comeau, Claire Bodkin, Thomas D. Brothers, Leah Genge, Matthew Herder, Candis Lepage, Ayden Scheim, Dan Werb, Sheila Wildeman
Securing Safe Supply During Covid-19 And Beyond: Scoping Review And Knowledge Mobilization, Matthew Bonn, Natasha Touesnard, Brianna Cheng, Michael Pugliese, Emilie Comeau, Claire Bodkin, Thomas D. Brothers, Leah Genge, Matthew Herder, Candis Lepage, Ayden Scheim, Dan Werb, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Background
Safe supply is defined as the legal and regulated provision of drugs with mind and/or body altering properties that have been typically accessible only through the illegal drug market. In response to the coronavirus disease 2019 (COVID-19) pandemic and related social/physical distancing measures, efforts have been made to scale up and increase access to safe supply programs in an effort to reduce overdose and other drug- and drug policy-related risks. However, it remains unclear whether these efforts taken thus far have meaningfully mitigated the barriers to safe supply experienced by People Who Use Drugs (PWUD), both during and beyond …
Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie
Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie
Articles, Book Chapters, & Popular Press
Good lawyering, then, is required to maintain the fairness of trials, but good lawyering requires effective tools that can assist counsel in helping the contours of fairness be made apparent and cognizable before domestic courts. Translating international human rights law for the purposes of domestic application, in particular, is by no means an easy task, but this new text – The Right to a Fair Trial in International Law – provides lawyers with a formidable resource.
Introduction: Disciplining Judges – Exercising Statecraft, Richard Devlin, Sheila Wildeman
Introduction: Disciplining Judges – Exercising Statecraft, Richard Devlin, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices …