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Dalhousie Law Journal

2010

Policy

Articles 1 - 2 of 2

Full-Text Articles in Law

Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair Apr 2010

Mediation In Environmental Assessments In Canada: Unfulfilled Promise?, Meinhard Doelle, A John Sinclair

Dalhousie Law Journal

The federal environmental assessment (EA) process and most. provincial EA processes in Canada either specifically provide for mediation as an option or implicitly allow for it. Inspite of this, the actual use of mediation and other forms of alternative dispute resolution (ADR) has been almost non-existent in Canadian EA. There is an emerging view, however that mediation could be applied usefully at points of the process when there is conflict among the parties. Such adjustments in process would signal the need for approval agencies -andproponents to give serious consideration to more collaborative techniques of participation. The objective of this article …


Section 2(B) Advertising Rights On Government Property: Greater Vancouver Transportation Authority, Anew Can Of Worms And The Liberty Two Step?, Elaine Craig Apr 2010

Section 2(B) Advertising Rights On Government Property: Greater Vancouver Transportation Authority, Anew Can Of Worms And The Liberty Two Step?, Elaine Craig

Dalhousie Law Journal

The Supreme Court's recent decision inVancouver Transportation is problematic for two reasons. First, the majority adopts an analytical framework for determining whether a claim triggers the positive rights Dunmore/Baier analysis, which means that policies restricting expressive rights based on groups rather than content could be less likely to fall within the scope of section 2(b). A better approach would be to characterize section 2(b) cases based on the nature of the claim rather than the nature of the restriction and to apply the positive rights Dunmorel Baier criteria only where the claim is for an audience with the government or …