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Full-Text Articles in Law
South, North, International Environmental Law, And International Environmental Lawyers, Karin Mickelson
South, North, International Environmental Law, And International Environmental Lawyers, Karin Mickelson
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The author argues that international environmental law as a discipline has failed to respond to Third World concerns in a meaningful fashion. It has merely accommodated these concerns at the margins, as opposed to integrating them into the core of the discipline and its self-understanding. Two aspects of the standard, "accommodationist," approach are considered: (1) the tendency to provide an ahistorical account of the evolution of international environmental law; (2) the implicit or explicit portrayal of the South as a grudging participant in environmental regimes rather than being recognized as an active partner in an ongoing effort to identify the …
A History Of British Columbia Legal Education, W. Wesley Pue
A History Of British Columbia Legal Education, W. Wesley Pue
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This paper explores the history of legal education in twentieth century British Columbia. The period covers the transition from qualification by apprenticeship to the foundation of Canada's first post-WWII Faculty of Law - the beginning of modern legal education in Canada. Issues addressed include the moral vision of legal education, gender and the legal profession (the admission of women lawyers), race-based exclusions, the question of whether communists could be qualified as lawyers, and the evolution of legal curriculum from the age of moral reform to the era of narrowly technocratic notions of legal knowledge.
Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie
Delgamuukw And The Protection Of Aboriginal Land Interests, Gordon Christie
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To determine the extent to which Aboriginal title-holders enjoy control over Aboriginal title lands, it is necessary to explore fiduciary doctrine, for the application of this doctrine to the question of legislative infringement determines the limits within which Aboriginal title-holders can expect to see their interests respected. In Delgamuukw the Supreme Court of Canada adopted and applied an understanding of the Crown-Aboriginal fiduciary relationship it developed in Gladstone. In so doing the Supreme Court set out the power of Canadian governments to control the uses to which Aboriginal title lands can be put. Ironically, since Aboriginal title is characterized by …
Charitable Contributions And The Personal Income Tax: Evaluating The Canadian Credit, David G. Duff
Charitable Contributions And The Personal Income Tax: Evaluating The Canadian Credit, David G. Duff
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The last fifteen years have witnessed significant changes in the way that charitable contributions by individuals are treated under the Canadian Income Tax Act. The most significant of these changes involves the conversion in 1988 of what had previously been a deduction for charitable contributions whereby the value of the tax benefit depends on the donor?s level of income, into a tax credit under which the value of this benefit depends on the total amount of charitable contributions claimed in the particular taxation year. As a result of this amendment, Canada has become the only developed country that recognizes charitable …
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
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This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …
Disability And The Income Tax, David G. Duff
Disability And The Income Tax, David G. Duff
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The federal Income Tax Act contains an extensive number of provisions addressing the taxation of families with disabled persons. These provisions, however, have been the subject of a series of ongoing incremental adjustments, and do not reflect a comprehensive and coherent approach to the taxation of these individuals in light of their unique financial circumstances. This article considers the existing income tax provisions regarding families with disabled persons, analyzing the relationship between disabilities and appropriate tax liabilities, and providing suggestions for reform of the current tax structure. Focussing on the goals of tax policy narrowly defined as compared to the …
Territoriality, Aboriginal Rights, And The Heiltsuk Spawn-On-Kelp Fishery, Douglas C. Harris
Territoriality, Aboriginal Rights, And The Heiltsuk Spawn-On-Kelp Fishery, Douglas C. Harris
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In 1988, the Department of Fisheries and Oceans ("DFO') charged two Heiltsuk brothers with attempting to sell herring spawn-on-kelp without a J-license. In 1989, the Heiltsuk Tribal Council initiated legal action to compel the DFO to issue it additional J-licenses and to recognize Heiltsuk jurisdiction to manage the fishery in their traditional territory on the central coast. An analysis of these cases and of the historical regulation of the herring spawn fisheries reveals a continuing conflict between the state and a First Nation over a fishery and over the legitimacy of increasingly intertwined legal systems. The Heiltsuk defense of their …