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Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston
Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston
LLM Theses
This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …
The Canadian Anti-Doping Program And The Charter Of Rights And Freedoms, Kate Scallion
The Canadian Anti-Doping Program And The Charter Of Rights And Freedoms, Kate Scallion
LLM Theses
This thesis examines the relationship between the Canadian Anti-Doping Program (CADP) and the Charter of Rights and Freedoms. First, the CADP is explored in depth, including the origins of anti-doping in Canada generally, how Canada's anti-doping regime aligns with international anti-doping regimes, and how the CADP functions in practice. Next, whether or not the Charter applies to the CADP is analyzed, looking at whether the administrator of the CADP, the Canadian Centre for Ethics in Sports (CCES), meets the criteria of a "government actor," as well as determining if the CADP itself would be considered a government action and thus …