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Osgoode Syllabus Of Courses And Seminars: 2026 - 2027, Office Of Student Services Jan 2026

Osgoode Syllabus Of Courses And Seminars: 2026 - 2027, Office Of Student Services

Syllabi

No abstract provided.


Turning Up The Heat: The Right To Strike And The Climate Crisis, Jeffrey Vogt, Ruwan Subasinghe Jul 2025

Turning Up The Heat: The Right To Strike And The Climate Crisis, Jeffrey Vogt, Ruwan Subasinghe

Comparative Labor Law & Policy Journal

The negative impacts of climate change on the world of work around the world are serious and certain to worsen. Further, the actions needed to mitigate and adapt to these impacts will be deeply disruptive. In 2015, the tripartite constituents of the International Labour Organisation (ILO) unanimously endorsed the ILO Guidelines for a just transition towards environmentally sustainable economies and societies (reaffirmed in 2023), which includes among its guiding principles the right to freedom of association and, by extension, the right to strike — an intrinsic corollary. This article explores potential bases for a right to strike in the context …


Osgoode Syllabus Of Courses And Seminars: 2025 - 2026, Office Of Student Services Jan 2025

Osgoode Syllabus Of Courses And Seminars: 2025 - 2026, Office Of Student Services

Syllabi

No abstract provided.


A Home Away From Home For Indigenous Environmental Justice, Deborah Mcgregor Dec 2024

A Home Away From Home For Indigenous Environmental Justice, Deborah Mcgregor

Articles & Book Chapters

No abstract provided.


Indigenous Peoples And Environmental Justice: Recognition, Rights, And Representation Of Indigenous Peoples In Bangladesh's Environmental Regulatory Framework, Nasrin Akter Oct 2024

Indigenous Peoples And Environmental Justice: Recognition, Rights, And Representation Of Indigenous Peoples In Bangladesh's Environmental Regulatory Framework, Nasrin Akter

LLM Theses

Using an Environmental Justice theoretical lens, this thesis explores the extent to which the environmental legislative landscape of Bangladesh has ensured environmental justice for Indigenous peoples. In doing so, the thesis concentrates on three main areas: recognition, rights of Indigenous people under the environmental legal framework as well as their representation in the environmental decision making bodies. The research evaluates Bangladesh environmental laws against standards elaborated in the environmental justice literature on each of these three areas. The research employs a combination of legal and policy analysis, as well as a critical analytical approach as part of its methodology. This …


Environmental Law For A Just Transition, Dayna Nadine Scott Jan 2024

Environmental Law For A Just Transition, Dayna Nadine Scott

Articles & Book Chapters

The environmental justice movement, which turns our attention to fairness in the distribution of environmental benefits and burdens and in the processes, biases and
structures that determine those distributions, is challenging the foundations of environmental law.
• ‘Extractivism’ – a mode of accumulation that necessitates both a high pace and a large scale of taking of natural resources such as fossil fuels – is deeply embedded in environmental law, producing uneven costs/benefits and intense, concentrated impacts on people and ecosystems. Even as we move towards a greener economy, environmental laws and regulations governing such areas as facility siting, pollution permitting, …


Osgoode Syllabus Of Courses And Seminars: 2024 - 2025, Office Of Student Services Jan 2024

Osgoode Syllabus Of Courses And Seminars: 2024 - 2025, Office Of Student Services

Syllabi

No abstract provided.


Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene May 2023

Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene

Articles & Book Chapters

The overlap between prisoner vulnerability and disasters in the United States is undeniable. During 2020 and 2021, the United States endured a series of natural hazards such as wildfires, floods, and hurricanes, many of which exposed the country’s 2.1 million inmates to additional risks and compounded the danger posed by COVID-19. Yet policymakers and scholars are only beginning to appreciate the centrality and magnitude of disaster risk management for the millions of people currently held in penal institutions around the country. Unsurprisingly, the production of “lessons learned” documents that follow in the aftermath of disasters overlook how prisoner vulnerability is …


Introduction To The Special Issue On Housing Precarity And Human Rights, Alexandra Flynn, Estair Van Wagner Apr 2023

Introduction To The Special Issue On Housing Precarity And Human Rights, Alexandra Flynn, Estair Van Wagner

Journal of Law and Social Policy

This special issue brings together a collection of papers examining the legal dimensions of housing precarity. While we originally imagined a special issue focused on homelessness and human rights, we agree with our contributors that housing precarity sits along a disparate spectrum, with homelessness at one end. People weave in and out of living situations, whether in shelters, apartments, rooming houses, and encampments. Human rights, and their violation, are engaged at all stages of this spectrum. Yet this relationship has been underexamined in Canadian legal scholarship. The pieces in this issue contribute to an important conversation about the intersection of …


Impact Assessment In The Ring Of Fire: Contested Authorities, Competing Visions And A Clash Of Legal Orders, Dayna Nadine Scott Jan 2023

Impact Assessment In The Ring Of Fire: Contested Authorities, Competing Visions And A Clash Of Legal Orders, Dayna Nadine Scott

Commissioned Reports, Studies and Public Policy Documents

In 2007, a significant mineral deposit dubbed the “Ring of Fire” was discovered in the boreal peatlands in Treaty No.9 territory in the far north of Ontario. The original project proposal submitted to the Canadian Environmental Assessment Agency was for a chromite mine and an associated infrastructure corridor to connect the remote location to the provincial high-way system. As years went by without progress on the regulatory approvals, the proponent sold its claims at a loss. In the period that followed, Ontario negotiated with the Matawa First Nations (the nine most proximate First Nations) who were, as a united block, …


Continuum: Volume 47 (Winter 2023), Osgoode Hall Law School Of York University Jan 2023

Continuum: Volume 47 (Winter 2023), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.


Operationalizing Indigenous-Led Impact Assessment, Dayna Scott, Jennifer Sankey, Laura Tanguay Jan 2023

Operationalizing Indigenous-Led Impact Assessment, Dayna Scott, Jennifer Sankey, Laura Tanguay

Commissioned Reports, Studies and Public Policy Documents

Recent years have ushered in an explosion of interest and expertise in place-based, Indigenous-led impact assessment models. Across Canada and beyond, Indigenous communities have been developing and engaging with alternative approaches to “environmental assessment” (EA) or “impact assessment” (IA) in response to proposed developments in their homelands. These efforts are borne out of deep dissatisfaction and frustration; Indigenous peoples have repeatedly pointed to the inability of settler law on EA to protect their constitutionally recognized Aboriginal and Treaty rights, and to meaningfully engage with Indigenous laws, values, and perspectives regarding the socio-ecological risks posed by resource development projects. The inability …


The Role Of Traditional Environmental Knowledge In Planetary Well-Being, Deborah Mcgregor, Danika Billie Littlechild, Mahisha Sritharan Jan 2023

The Role Of Traditional Environmental Knowledge In Planetary Well-Being, Deborah Mcgregor, Danika Billie Littlechild, Mahisha Sritharan

Articles & Book Chapters

No abstract provided.


Osgoode Syllabus Of Courses And Seminars: 2023 - 2024, Office Of Student Services Jan 2023

Osgoode Syllabus Of Courses And Seminars: 2023 - 2024, Office Of Student Services

Syllabi

No abstract provided.


Lost In Transmission: A Constitutional Approach To Achieving A Nationwide Net Zero Electricity System, Kristen Van De Biezenbos Oct 2022

Lost In Transmission: A Constitutional Approach To Achieving A Nationwide Net Zero Electricity System, Kristen Van De Biezenbos

Osgoode Hall Law Journal

Canada has announced plans to meet its Paris Agreement commitments on reducing greenhouse gas emissions and achieving net-zero by 2035; but standing in the way of these ambitions is an electricity crisis. The crisis is provincially balkanized electricity systems with a dearth of interprovincial transmission lines, and the impacts are three-fold. First, the country is divided into renewable have- and have-not provinces, with some jurisdictions generating more hydropower than they need while others struggle to wean themselves off coal and natural gas. Second, the lack of interprovincial transmission is a deterrent to private investment in renewable energy projects, which is …


Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott Sep 2022

Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott

Articles & Book Chapters

Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …


Reconciling Relationships With The Land Through Land Acknowledgements, Deborah Mcgregor, Emma Nelson May 2022

Reconciling Relationships With The Land Through Land Acknowledgements, Deborah Mcgregor, Emma Nelson

Articles & Book Chapters

One of the limitations of conventional Canadian conceptions of reconciliation is the underlying assumption that reconciliation applies, virtually exclusively, to relationships among peoples. There are, however, other dimensions to reconciliation that are equally important from an Indigenous point of view. As Mi’kmaq Elder Augustine suggests, “other dimensions of human experience—our relationships with the earth and all living beings—are also relevant in working towards reconciliation” (TRC 2015a, 122). Indigenous conceptions of reconciliation extend beyond people to the natural world and are informed by direct relationships to the Land. In this chapter. an Anishinaabe scholar, living in her own Lands, and a …


“I See My Culture Starting To Disappear”: Anishinaabe Perspectives On The Socioecological Impacts Of Climate Change And Future Research Needs, A.K. Menzies, E. Bowles, M. Gallant, H. Patterson, C. Kozmik, S. Chiblow, Deborah Mcgregor Apr 2022

“I See My Culture Starting To Disappear”: Anishinaabe Perspectives On The Socioecological Impacts Of Climate Change And Future Research Needs, A.K. Menzies, E. Bowles, M. Gallant, H. Patterson, C. Kozmik, S. Chiblow, Deborah Mcgregor

Articles & Book Chapters

Climate change disproportionately affects Indigenous Peoples because of strong connections between environmental, cultural, and spiritual well-being. While much of the global discourse surrounding climate change is founded in Western science, the holistic, place-based knowledge of Indigenous Peoples offers a complementary way of understanding and mitigating climate change impacts. The goal of this research was to elevate Anishinaabe concerns, observations, and perspectives about climate change impacts and future research needs. We organized a workshop called “Connecting Guardians in a Changing World” where participants shared concerns about animal and plant life cycles, water cycles and water quality, and impacts to ways of …


Continuum: Volume 46 (Winter 2022), Osgoode Hall Law School Of York University Jan 2022

Continuum: Volume 46 (Winter 2022), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.


Osgoode Syllabus Of Courses And Seminars: 2022 - 2023, Office Of Student Services Jan 2022

Osgoode Syllabus Of Courses And Seminars: 2022 - 2023, Office Of Student Services

Syllabi

No abstract provided.


Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique Nov 2021

Just Greening The Gulf: Sustaining Justice For Migrant Workers, Asma Atique

PhD Dissertations

This dissertation investigates the relationship between doctrines and rhetoric of sustainable development (SD) and their compatibility with robust notions of migrant justice. I use migrant-workers-built Masdar City, Abu Dhabis "eco-smart city," as an entry point to examine this relationship. Drawing on Amartya Sen, I rely on a critical capabilities-based environmental justice lens that focuses on the full range of opportunities migrants have at home, in their destination country, and anywhere in between. While this lens offers a means-ends distinction and a pluralistic notion of justice, it must be further specified and supplemented by explicit accounts of structural constraints. The focus, …


Indigenous Knowledge Systems In Environmental Governance In Canada, Deborah Mcgregor Jun 2021

Indigenous Knowledge Systems In Environmental Governance In Canada, Deborah Mcgregor

Articles & Book Chapters

This contribution addresses key issues around the application of Indigenous knowledge in contexts where such knowledge is neither generated nor held (academy, industry, governments, etc.). Effective models for the ethical incorporation of Indigenous knowledge into environmental governance in Canada have remained elusive despite decades of attempts. The predominant research paradigm of “incorporating” Indigenous knowledge into environmental governance is one of extraction by the external interests who seek to include specific aspects of such knowledge in their undertakings. This approach continues to fail because Indigenous knowledge exists as an integral component of Indigenous Knowledge Systems (IKS). It is often hollow and …


“Reconciliation” In Undergraduate Education In Canada: The Application Of Indigenous Knowledge In Conservation, Danika Billie Littlechild, Chance Finegan, Deborah Mcgregor May 2021

“Reconciliation” In Undergraduate Education In Canada: The Application Of Indigenous Knowledge In Conservation, Danika Billie Littlechild, Chance Finegan, Deborah Mcgregor

Articles & Book Chapters

Both the Truth and Reconciliation Commission (TRC) and the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) explicitly emphasized the role of educators in “reconciliation.” Alongside this, conservation practitioners are increasingly interacting with Indigenous Peoples in various ways, such as in the creation and support of Indigenous protected areas and (or) guardian programs. This paper considers how faculty teaching aspiring conservation practitioners can respond appropriately to the TRC and MMIWG Inquiry while preparing students to engage with Indigenous Peoples in a way that affirms, rather than questions Indigenous knowledge and aspirations. Our argument is threefold: first, teaching …


Intergenerational Environmental Justice And The Climate Crisis: Thinking With And Beyond The Charter, Dayna Scott, Garance Malivel Apr 2021

Intergenerational Environmental Justice And The Climate Crisis: Thinking With And Beyond The Charter, Dayna Scott, Garance Malivel

Articles & Book Chapters

Inspired by the analysis developed in the article “Coming of Age in a Warming World: The Charter’s Section 15 Equality Guarantee and Youth-Led Climate Litigation,” by Nathalie Chalifour, Jessica Earle, and Laura Macintyre, this commentary explores the concept of intergenerational environmental justice in the climate crisis. Our central contribution is to advance a relational conception of intergenerational environmental justice, which we argue can overcome some common objections to thinking about justice and rights in “generational” terms. This analysis supports climate litigation efforts on Charter grounds, best conceived in our view as discrimination against young and future generations. Yet it also …


Fighting Climate Change With The Charter: An Inquiry Into The Effects Of Litigating The Right To A Healthy Environment, Kevin Patrick Berk Mar 2021

Fighting Climate Change With The Charter: An Inquiry Into The Effects Of Litigating The Right To A Healthy Environment, Kevin Patrick Berk

LLM Theses

This thesis examines whether the litigation of the legal right to a healthy environment can adequately advance the values of its supporters. This question is answered through examining scholarly arguments in favour of the right, promotional material from Environmental Non-Governmental Organizations (ENGOs) litigating the right, court documents, as well as the results of a select number of interviews with senior members of Canadian ENGOs. It is ultimately argued that the intervention of lawyers and the interpretation of judges will narrow the intended scope of the right. Additionally, it is argued that the act of choosing to litigate implicitly affirms the …


Access To Environmental Justice: Ngo Environmental Advocacy On Mining-Related Environmental Issues In Mongolia, Ulziilkham Enkhbaatar Mar 2021

Access To Environmental Justice: Ngo Environmental Advocacy On Mining-Related Environmental Issues In Mongolia, Ulziilkham Enkhbaatar

LLM Theses

In this thesis, I apply the theory of environmental justice to determine how NGOs use substantive and procedural environmental rights to advocate for mining-affected nomadic communities in Mongolia. Environmental NGOs often possess legal and scientific expertise pertinent to resolving and mitigating environmental risks and demanding justice for environmental damages on behalf of the mining-affected local communities. Based on the environmental justice theories, I have constructed a theoretical framework to examine how NGOs access and implement environmental justice tools, both domestically and internationally. Using a multi-methods research approach, including documentary analysis and qualitative interviews with NGO experts and lawyers, I was …


Regional Economic Community Courts And The Advancement Of Environmental Protection And Socio-Economic Justice In Africa: Three Case Studies, Rahina Bukar Zarma Mar 2021

Regional Economic Community Courts And The Advancement Of Environmental Protection And Socio-Economic Justice In Africa: Three Case Studies, Rahina Bukar Zarma

PhD Dissertations

Focusing on three regional economic communities (REC) courts in Africa that nevertheless possess a human rights jurisdiction i.e. the Court of Justice of the Economic Community of West African States (the ECOWAS Court), the East African Court of Justice (the EACJ), and the Southern African Development Community Tribunal (the SADC Tribunal) - this dissertation investigates the relationships among the RECs, states, activists and the courts themselves, as producing and framing the specific conditions under which environmental protection and socio-economic justice in the region in Africa are either advanced or stifled. The dissertation discusses the ways in which the mandates and …


Indigenous Environmental Justice And Sustainability, Deborah Mcgregor Mar 2021

Indigenous Environmental Justice And Sustainability, Deborah Mcgregor

Articles & Book Chapters

This chapter offers an alternative vision for sustainable futures involving self-determined Indigenous environmental justice (EJ). It builds upon a distinct understanding of Indigenous EJ which asserts that the components necessary for Indigenous EJ are Indigenous knowledge systems, legal orders, and conceptions of justice that have existed for thousands of years.1 This contribution will also offer preliminary thoughts on the need to decolonize internationally adopted conceptions of sustainable development expressed more recently through the post-2015 United Nations sustainable development agenda. Indigenous environmental injustice is very much an outcome of “unsustainable” and detrimental “development,” as well as gross violations of human and …


Covid-19: Cost-Benefit Analysis And Politics, Dan Priel Jan 2021

Covid-19: Cost-Benefit Analysis And Politics, Dan Priel

Osgoode Hall Law Journal

The COVID-19 pandemic forced governments around the world to make tough political decisions about the cost of saving lives and the limits of doing so. One of the striking aspects of the debates over these necessary tradeoffs is the relatively little weight individual rights seemed to have carried in these discussions. At first, this might have seen the triumph of cost-benefit analysis (CBA); and in a sense, it was. However, the pandemic has also shown the limitations of CBA, especially in the face of severe uncertainty. This essay reviews some of the sources of uncertainty in the context of the …


Reflections On Teaching Critical Migration Law In A Settler-Colonial Context, Amar Bhatia Jan 2021

Reflections On Teaching Critical Migration Law In A Settler-Colonial Context, Amar Bhatia

Articles & Book Chapters

This dispatch looks back at some of my attempts to teach migration and refugee law in a critical way that accounts for settler-colonialism in courses where this topic is not traditionally included in the subject matter.