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Articles 1 - 8 of 8
Full-Text Articles in Law
Victims’ Opportunities To Review A Decision Not To Prosecute Made By The Crown Prosecutor, Li Tian
Victims’ Opportunities To Review A Decision Not To Prosecute Made By The Crown Prosecutor, Li Tian
Electronic Thesis and Dissertation Repository
In Canada, Crown prosecutors and the Attorney General are not always as fair as we expect when making charging decisions, and therefore victims could be personally aggrieved by unfair and unjust decisions not to prosecute. When this happens, victims have limited remedy to redress the unfairness and unjustness in order to uphold their interests in a criminal proceeding. Conversely, the European Union, United Kingdom, and the United State have taken steps to let victims challenge decisions not to prosecute to some extent. Drawing on experiences of the abovementioned jurisdictions, I propose a two-level process of review for decisions not to …
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
Electronic Thesis and Dissertation Repository
This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.
The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia
The Applicability Of Co-Operative Federalism: Lessons Learned From The Assisted Human Reproduction Act, David A.M. Seccareccia
Electronic Thesis and Dissertation Repository
The Assisted Human Reproduction Act (AHRA) is a piece of federal legislation that was passed in 2004. The province of Quebec issued a reference question regarding the constitutionality of the federal legislation and in 2010 the Supreme Court of Canada rendered its opinion. The result was a success for the provinces because the Supreme Court’s verdict severely limited the scope of the federal legislation. In addition to clarifying the limits of the federal government’s criminal law power, the saga of the AHRA also helps illustrate the integral role the concept of co-operative federalism plays in modern Canadian inter-governmental …
Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik
Restoring Humanity To Humanitarian Law: Borrowing From Environmental Law To Protect Civilians And The Environment, Kirsten Md Stefanik
Electronic Thesis and Dissertation Repository
As concerns about the environment increase and civilians continue to become casualties of armed conflict, we must reflect on traditional approaches and applications of International Humanitarian law [IHL]. While the current state of IHL provides protections for civilians and the environment, examples in practice of excessive harms to both suggest a gap exists in these protections. Current academic literature in the field tends to focus on either the protection of civilians or the protection of the environment, on either IHL or International Environmental law [IEL]. This is problematic as the two are inextricably linked: civilians and environment often, if not …
Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame
Corporate Social Responsibility In Canadian Banking A Case Study On The Equator Principles, Ian Osellame
Electronic Thesis and Dissertation Repository
This thesis considers the role of Corporate Social Responsibility (CSR) in the Canadian banking sector. Although the relevance of CSR continues to be debated, this analysis starts from the position that CSR is now a fact of life for modern banks and tests whether Canadian banks are demonstrating CSR behavior through their adoption of the Equator Principles: a series of guidelines on the management of social and environmental issues that banks voluntarily commit to follow in their project financing activities. This thesis concludes that examples of CSR behavior can be observed as Canadian banks continue to define the scope of …
Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo
Highway Tolls In Brazil And The Lawfulness Principle, Fabio C. Theophilo
Electronic Thesis and Dissertation Repository
Brazil’s toll-highway system is among the most extensive tolling systems on the planet. This extensive toll-highway system affects millions of Brazilians, particularly because it is increasingly difficult for Brazilians to move between work and home without passing through a number of toll gates. Moreover, most toll roads in Brazil have been conceded from the government to private actors, and regulations governing the actions of these private actors (and the rates they charge to highway users) are sparse. This thesis will examine the nature of the highway toll industry in Brazil, the laws conceding toll roads to private actors, and the …
Psychopathy And Sentencing: An Investigative Look Into When The Pcl-R Is Admitted Into Canadian Courtrooms And How A Pcl-R Score Affects Sentencing Outcome, Katie Davey
Electronic Thesis and Dissertation Repository
Little is known about how and when the Psychopathy Checklist Revised (PCL-R) is being introduced into Canadian Courts or how it affects sentencing outcomes. Using the Lexis-Nexis Quicklaw Academic Database to retrieve judge’s sentencing decisions, all 274 cases with PCL-R information for Canadian courts were included in this study. It was hypothesized correctly that PCL-R information would most often be introduced in Long Term Offender (LTO) and Dangerous Offender (DO) applications as well as sentencing cases for murderers and sex offenders. The 274 cases were then reduced to 37 cases in order to focus on sentencing without Dangerous Offender or …
The Porous Boundary Between Legal And Business Advice, An Empirical Approach, Amy M. Ter Haar
The Porous Boundary Between Legal And Business Advice, An Empirical Approach, Amy M. Ter Haar
Electronic Thesis and Dissertation Repository
This thesis asked whether corporate lawyers in both private practice and acting as in-house counsel differed in their attitudes toward distinguishing their professional obligations concerning the provision of “business” advice. This research establishes that these two groups of lawyers differ in their attitudes toward the provision of advice in two ways. In connection with providing business advice, in-house counsel more frequently a) feel that “murky lines” exist when distinguishing between legal and business advice and, b) look to ethics codes. This research reflects at its core an unresolved boundary between legal and business advice and provides a resolution to this …