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Articles 31 - 60 of 122
Full-Text Articles in Entire DC Network
Energy Without Injustice?: Indigenous Participation In Renewable Energy Generation, Adrian A. Smith, Dayna Nadine Scott
Energy Without Injustice?: Indigenous Participation In Renewable Energy Generation, Adrian A. Smith, Dayna Nadine Scott
Articles & Book Chapters
There is growing involvement of Indigenous communities in renewable energy development across their traditional territories in what is now called Canada. Here, we explore Indigenous participation in large-scale “green” energy generation as a response to encroachment, displacement, and dispossession wrought by the extractivist orientation of contemporary settler capitalism.
The Ecological Constitution: Reframing Environmental Law By Lynda Collins, Dayna Scott
The Ecological Constitution: Reframing Environmental Law By Lynda Collins, Dayna Scott
Articles & Book Chapters
No abstract provided.
Extracting Indigenous Jurisdiction On Private Land: The Duty To Consult And Indigenous Relations With Place In Canadian Law, Estair Van Wagner
Extracting Indigenous Jurisdiction On Private Land: The Duty To Consult And Indigenous Relations With Place In Canadian Law, Estair Van Wagner
Articles & Book Chapters
Indigenous relations with land are grounded in place-based legal orders which have been regulating the territories now making up Canada for millennia (Borrows 2010, 2018; McGregor 2010). Judicial consideration of Indigenous relations with place has focused on the duty to consult and accommodate with respect to ‘Crown land’ – lands for which federal and provincial governments are the deemed owners. This emphasis on Crown lands is logical – 89 per cent of land in Canada is held by either the federal or provincial Crown (Neimanis 2013). Indigenous claims often expressly exclude private land, wary of courts’ willingness to unsettle third-party …
Osgoode Syllabus Of Courses And Seminars: 2021 - 2022, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2021 - 2022, Office Of Student Services
Syllabi
No abstract provided.
The Transnational Mining Justice Social Movement: Indigenous Right To Consultation & Right To Remedy Law Reform Activism In Canada And Latin America From 1999-2019, Charis Kamphuis
PhD Dissertations
This portfolio dissertation studies the activism of the transnational mining justice social movement in Canada and Latin America from the late 1990s to 2019. It focuses on two of the movements most significant human rights projects in that period: Indigenous right to consultation in Latin American (company host states), and the right to remedy in Canada (company home state). Chapter One undertakes an in-depth study of the Peruvian Campesino Community San Andres de Negritos long battle in search of a legal remedy for its dispossession in favor of Yanacocha Mine in the early 1990s. The Communitys turn to the law …
Supporting Indigenous And Non-Indigenous Research Partnerships, Rosalind Edwards, Helen Moewaka Barnes, Deborah Mcgregor, Tula Brannelly
Supporting Indigenous And Non-Indigenous Research Partnerships, Rosalind Edwards, Helen Moewaka Barnes, Deborah Mcgregor, Tula Brannelly
Articles & Book Chapters
This commentary discusses the framing of the production of a series of online text-based and visual resources aimed at researchers embarking on Indigenous and non-Indigenous research partnerships, and in particular supporting non-Indigenous researchers to think about our/their methods, assumptions and behaviour. We identify the tension in mainstream funding for such partnerships, and discuss the implications of Northern epistemological claims to agendas and universality as against Southern epistemologies acknowledging diversity and challenging oppressions. We note the distinct bases for Indigenous methodologies. Our commentary outlines and illustrates the online downloadable resources produced by our own Indigenous and non-Indigenous research partnership, including a …
Exposing The Myths Of Household Water Insecurity In The Global North: A Critical Review, Katie Meehan, Wendy Jepson, Leila M. Harris, Amber Wutich, Melissa Beresford, Amanda Fencl, Jonathan London, Gregory Pierce, Lucero Radonic, Christian Wells, Nicole J. Wilson, Ellis Adjei Adams, Rachel Arsenault, Alexandra Brewis, Victoria Harrington, Yanna Lambrinidou, Deborah Mcgregor
Exposing The Myths Of Household Water Insecurity In The Global North: A Critical Review, Katie Meehan, Wendy Jepson, Leila M. Harris, Amber Wutich, Melissa Beresford, Amanda Fencl, Jonathan London, Gregory Pierce, Lucero Radonic, Christian Wells, Nicole J. Wilson, Ellis Adjei Adams, Rachel Arsenault, Alexandra Brewis, Victoria Harrington, Yanna Lambrinidou, Deborah Mcgregor
Articles & Book Chapters
Safe and secure water is a cornerstone of modern life in the global North. This article critically examines a set of prevalent myths about household water in high-income countries, with a focus on Canada and the United States. Taking a relational approach, we argue that household water insecurity is a product of institutionalized structures and power, manifests unevenly through space and time, and is reproduced in places we tend to assume are the most water-secure in the world. We first briefly introduce “modern water” and the modern infrastructural ideal, a highly influential set of ideas that have shaped household water …
Mining Conflict, Indigenous Peoples And Environmental Justice: The Case Of Phulbari Coal Project In Bangladesh, Mohammad Mahmudul Hasan
Mining Conflict, Indigenous Peoples And Environmental Justice: The Case Of Phulbari Coal Project In Bangladesh, Mohammad Mahmudul Hasan
PhD Dissertations
My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decisionmaking process in resource extractive industries through an environmental justice framework. My primary aim is to observe how and to what extent Indigenous peoples’ interests are reflected in official environmental decision-making processes versus how they frame their own claims in a mining conflict situation. I employ extensive qualitative research in the project area to demonstrate how Adibasi communities articulate and implement their claims through raising their voices and ultimately stimulating a movement that stopped …
Indigenous Feminism Perspectives On Environmental Justice, Deborah Mcgregor
Indigenous Feminism Perspectives On Environmental Justice, Deborah Mcgregor
Articles & Book Chapters
In this chapter, you will learn about the emergence of a distinct theoretical, methodological, and practical approach for accounting for gender in relation to environmental justice called Indigenous feminism. Indigenous feminism will be defined and outlined as an important field of study to advance the contributions, insights, rights, and responsibilities of Indigenous women. While the ideology of feminism has been in existence for decades, Indigenous feminism has only recently emerged. Joyce Green, an Indigenous scholar, writes that Indigenous feminism seeks to “raise issues of colonialism, racism and sexism and unpleasant synergies between these three violations of human rights” (Green, 2007, …
Osgoode Environmental Justice And Sustainability Clinic Partners With Okt Llp For New Summer Fellowship, Osgoode Hall Law School Of York University, Environmental Justice And Sustainability Clinic
Osgoode Environmental Justice And Sustainability Clinic Partners With Okt Llp For New Summer Fellowship, Osgoode Hall Law School Of York University, Environmental Justice And Sustainability Clinic
Ovations
The Environmental Justice and Sustainability Clinic (EJSC) is excited to announce a new partnership with leading Aboriginal law firm Olthuis, Kleer, Townshend LLP (OKT) for a pilot summer student fellowship.
Indigenous Environmental Justice And Sustainability, Deborah Mcgregor, Steven Whitaker, Mahisha Sritharan
Indigenous Environmental Justice And Sustainability, Deborah Mcgregor, Steven Whitaker, Mahisha Sritharan
Articles & Book Chapters
A distinct formulation of Indigenous environmental justice (IEJ) is required in order to address the challenges of the ecological crisis as well the various forms of violence and injustices experienced specifically by Indigenous peoples. A distinct IEJ formulation must ground its foundations in Indigenous philosophies, ontologies, and epistemologies in order to reflect Indigenous conceptions of what constitutes justice. This approach calls into question the legitimacy and applicability of global and nationstate political and legal mechanisms, as these same states and international governing bodies continue to fail Indigenous peoples around the world. Not only do current global, national and local systems …
Covid-19 And First Nations’ Responses, Aimée Craft, Deborah Mcgregor, Jeffery G. Hewitt
Covid-19 And First Nations’ Responses, Aimée Craft, Deborah Mcgregor, Jeffery G. Hewitt
Articles & Book Chapters
This chapter considers the federal government’s fettering of jurisdiction through inaction in the areas of clean water and housing. We consider a small sample of First Nations’ responses, taken on the basis of their assertions of jurisdiction and responses to the particular needs and circumstances of their communities. We conclude that First Nations are best positioned to make policy and law in response to COVID-19, and that the federal government can and must work with First Nations communities on resourcing their plans for wellness and emergency preparedness in relation to the pandemic, in accordance with a sui generis application of …
Osgoode Syllabus Of Courses And Seminars: 2020 - 2021, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2020 - 2021, Office Of Student Services
Syllabi
No abstract provided.
Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham
Including Indigenous Knowledge Systems In Environmental Assessments: Restructuring The Process, Rachel Arsenault, Carrie Bourassa, Sibyl Diver, Deborah Mcgregor, Aaron Witham
Articles & Book Chapters
Indigenous peoples around the world are concerned about the long-term impacts of industrial activities and natural resource extraction projects on their traditional territories. Environmental impact studies, environmental risk assessments (EAs), and risk management protocols are offered as tools that can address some of these concerns. However, these tools are not universally required in jurisdictions, and this Forum intervention considers whether these technical tools might be reshaped to integrate Indigenous communities’ interests, with specific attention to traditional knowledge. Challenges include unrealistic timelines to evaluate proposed projects, community capacity, inadequate understanding of Indigenous communities, and ineffective communicatio, all of which contribute to …
Continuum: Volume 43 (Winter 2019), Osgoode Hall Law School Of York University
Continuum: Volume 43 (Winter 2019), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
Sustainable Development And Indian Environmental Jurisprudence, Saptarishi Bandopadhyay
Sustainable Development And Indian Environmental Jurisprudence, Saptarishi Bandopadhyay
Articles & Book Chapters
No abstract provided.
Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott
Environmental Justice And The Hesitant Embrace Of Human Rights, Dayna Nadine Scott
Articles & Book Chapters
This chapter explores some of the tensions inherent in employing ‘rights strategies’ in environmental justice movements. Using the example of a judicial review application brought by Indigenous environmental justice activists in Canada demonstrates the symbolic power of using rights-based language for environmental justice, but also underscores the serious procedural, logistical and resource barriers that frustrate these groups in their attempts to deploy litigation tactics. Legal scholars need to think critically about ‘rights-talk’ and confront the hard questions about its utility for advancing environmental justice. In working with communities, we must learn to listen to what communities want before we default …
Osgoode Syllabus Of Courses And Seminars: 2019 - 2020, Office Of Student Services
Osgoode Syllabus Of Courses And Seminars: 2019 - 2020, Office Of Student Services
Syllabi
No abstract provided.
A Tale Of Two Casinos: Unequal Spaces Of Local Governance, Alexandra Flynn
A Tale Of Two Casinos: Unequal Spaces Of Local Governance, Alexandra Flynn
Journal of Law and Social Policy
Local actors, including resident and business associations, do not simply influence decision-makers, but can also reshape the purportedly neutral governance model within which decision-making takes place. In big cities like Toronto, this reshaping exacerbates the existing geographic and socio-economic unevenness. The work of James Scott, Mariana Valverde, and Cheryl Teelucksingh helps to explain how local actors interface with seemingly neutral governance bodies to have their interests heard, particularly in relation to locally undesirable land uses. The paper considers two case studies detailing the governance practices at work in differing decisions about casinos in the City of Toronto. A 2012-2013 debate …
Regulation And Resistance In Canadian Bingo Halls: A Socio-Legal Account, Kate Bedford
Regulation And Resistance In Canadian Bingo Halls: A Socio-Legal Account, Kate Bedford
Journal of Law and Social Policy
Bingo is a key lens through which to explore how regulation shapes (or fails to shape) different meanings of gambling, and by extension the different meanings attached to speculation in everyday life. In Canada, bingo is played in a highly distinctive gambling environment that is now being subjected to more standardised rules, often drawn from casinos. In this article, I consider how workers and players in Canadian bingo halls are affected by shifting landscapes of provincial bingo regulation. By exploring smoking bans and new rules on touching cash, I ask: what is happening to bingo and its distinctive player demographic …
Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor
Indigenous Environmental Justice, Knowledge And Law, Deborah Mcgregor
Articles & Book Chapters
This article is based on a paper prepared for the convening of Over the Line: A Conversation about Race, Place, and the Environment, coordinated by In-grid Waldron; it was thus originally delivered in the context of a community of scholars interested and engaged in environmental justice (EJ) as well as anti-racism scholarship and activism. Conversations at the symposium were rich and deep, introducing novel ideas and generating a synergistic energy among those present. While this article builds upon the knowledge, experiences, and perspectives shared at the event, it also aims to introduce a distinct conception of Indigenous environmental justice (IEJ) …
Toxic Enactments: Materializing Estrogen And Regulation Under Canada's Food And Drugs Act, 1939-1953, Lara Jessie Tessaro
Toxic Enactments: Materializing Estrogen And Regulation Under Canada's Food And Drugs Act, 1939-1953, Lara Jessie Tessaro
LLM Theses
The study describes how estrogen was standardized in Canada, in the 1940s and early 1950s, under the Food and Drugs Act. Contributing to interdisciplinary conversations, it provides an empirical case of how regulatory practices enact material realities. Using archival material, the study describes how estrogen was achieved, in part, through heterogeneous practices of the Canadian Committee on Pharmacopoeial Standards, National Health, and government solicitors. These regulators disagreed on whether, how, and by whom estrogens should be standardized. Rather than resolve these disagreements, Canada enacted multiple regulations purporting to standardize estrogen, and government solicitors practiced techniques of validating to render the …
Surviving Difference: Endocrine-Disrupting Chemicals, Intergenerational Justice, And The Future Of Human Reproduction, Robyn Lee, Roxanne Mykitiuk
Surviving Difference: Endocrine-Disrupting Chemicals, Intergenerational Justice, And The Future Of Human Reproduction, Robyn Lee, Roxanne Mykitiuk
Articles & Book Chapters
Endocrine-disrupting chemicals have been identified as posing risks to reproductive health and may have intergenerational effects. However, responses to the potential harms they pose frequently rely on medicalised understandings of the body and normative gender identities. This article develops an intersectional feminist framework of intergenerational justice in response to the potential risks posed by endocrine-disrupting chemicals. We examine critiques of endocrine disruptors from feminist, critical disability and queer standpoints, and explore issues of race and class in exposures. We argue that responding to the risks posed by endocrine disruptors such as brominated flame retardants (BFRs) and phthalates requires developing a …
Shifting The Framework Of Canadian Water Governance Through Indigenous Research Methods: Acknowledging The Past With An Eye On The Future, Rachel Arsenault, Sibyl Diver, Deborah Mcgregor, Aaron Witham, Carrie Bourassa
Shifting The Framework Of Canadian Water Governance Through Indigenous Research Methods: Acknowledging The Past With An Eye On The Future, Rachel Arsenault, Sibyl Diver, Deborah Mcgregor, Aaron Witham, Carrie Bourassa
Articles & Book Chapters
First Nations communities in Canada are disproportionately affected by poor water quality. As one example, many communities have been living under boil water advisories for decades, but government interventions to date have had limited impact. This paper examines the importance of using Indigenous research methodologies to address current water issues affecting First Nations. The work is part of larger project applying decolonizing methodologies to Indigenous water governance. Because Indigenous epistemologies are a central component of Indigenous research methods, our analysis begins with presenting a theoretical framework for understanding Indigenous water relations. We then consider three cases of innovative Indigenous research …
Continuum: Volume 42 (Winter 2018), Osgoode Hall Law School Of York University
Continuum: Volume 42 (Winter 2018), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
Federalism, The Environment And The Charter In Canada, Dayna Scott
Federalism, The Environment And The Charter In Canada, Dayna Scott
Articles & Book Chapters
This Chapter reviews the key jurisprudential developments in relation to the division of powers in Canada, exploring how the shared jurisdiction over the “environment” created by sections 91 and 92 of the Constitution has historically and continues to shape environmental law and policy. In addition to this federal-provincial struggle, the chapter considers the current trend towards local regulation of environmental matters according to the principle of ‘subsidiarity’, and the growing recognition of the ‘inherent jurisdiction’ of Indigenous peoples. The contemporary dynamics are explored through two critical policy case studies highlighting barriers to environmental justice: safe drinking water on reserves, and …
Constituting Bodies Into The Future: Toward A Relational Theory Of Intergenerational Justice, Jessica Eisen, Roxanne Mykitiuk, Dayna Scott
Constituting Bodies Into The Future: Toward A Relational Theory Of Intergenerational Justice, Jessica Eisen, Roxanne Mykitiuk, Dayna Scott
Articles & Book Chapters
Questions of justice now unfurl on spatial and temporal scales at once global and microscopic, immediate and spanning through the ages. Legal and political concepts of causation and responsibility are complicated and reconfigured by our growing awareness of the intergenerational consequences of contemporary choices. In this context, the House of Commons Standing Committee on Environment and Sustainable Development ("Standing Committee") recently recommended that the Government of Canada create "an advocate for Canada's future generations."' The Standing Committee's report expressly cites growing transnational and international attention to the demands of "intergenerational equity''. noting that various jurisdictions have experimented with institutional committees …
Towards An Anishinabe Research Paradigm: Theory And Practice., Deborah Mcgregor
Towards An Anishinabe Research Paradigm: Theory And Practice., Deborah Mcgregor
Articles & Book Chapters
As this volume attests to, in recent years there has been a remarkable emergence of Indigenous research scholarship both internationally and within Canada. Indigenous theory, paradigms, and methods inform research practices which take on many forms, reflecting the diversity of Indigenous nations. Many scholars, Indigenous and non-Indigenous alike, have sought to decolonize past and current research approaches and advance Indigenous approaches and methods of research (Louis, 2007). Some more recent efforts have focused specifically on the revitalization of Indigenous research traditions (Archibald, 2008; Kovach, 2003; Wilson, 2008). Anishinaabe research is a form of reclaiming our stories and knowledge through personal …
The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh
The Ecowas Court, Activist Forces, And The Pursuit Of Environmental And Socioeconomic Justice In Nigeria, Okechukwu Emmanuel Effoduh
LLM Theses
The thesis has two objectives. The first (and central) objective is to examine the Community Court of Justice of the Economic Community of West African States, or ECOWAS Court (a sub-regional international court in West Africa), and its role within the West African region, especially how the Court has served as a resource for the Activist Forces that operate in the sub-region, in their pursuit of Environmental and Socioeconomic Justice in Nigeria. The second goal of this thesis, which is ancillary to the first, is to investigate the Courts jurisprudence in three landmark cases: SERAP v. Nigeria & Anor (2010); …
Seeing The Place Makes It Real: Place-Based Teaching In The Environmental And Planning Law Classroom., Estair Van Wagner
Seeing The Place Makes It Real: Place-Based Teaching In The Environmental And Planning Law Classroom., Estair Van Wagner
Articles & Book Chapters
A model for place-based teaching in land use and environmental law subjects based on theoretical and experiential foundations - argues legal education should prepare legal graduates to understand and engage in the work of translation and transformation involved in land use disputes - the need for a critical approach to place-based law teaching in order to address calls for the Indigenisation and decolonization of legal education.