Law Commons^™

The Psychology Of Effective Ieas: Beyond Rational Choice Theory, Kieley Forsey

Electronic Thesis and Dissertation Repository

International environmental law suffers from poor compliance and participation, hindering its ability to address global climate issues effectively. Efforts to improve this have been borne out of a rational choice framework, in which it is assumed that states are rational actors that seek to maximize their utility. This theory has dominated international legal scholarship for decades, but it cannot adequately capture the reality of state decision-making. This work argues that rational choice theory must incorporate psychological factors in its analysis of state behaviours to strategically form effective international environmental agreements – specifically by using rewarding mechanisms as positive incentives. Using …

Approaches To Regulating Privacy Dark Patterns, Matthew Gaulton, Dominique Kelly, Jacquelyn Burkell

FIMS Publications

In this paper, we will evaluate new bills slated to replace the Personal Information Protection and Electronic Documents Act (PIPEDA) and offer stronger privacy dark pattern protections to Canadians.

Existing scholarship in the realm of privacy law, such as “Deceptive Design and Ongoing Consent in Privacy Law” by Jeremy Wiener and “Privacy Dark Patterns: A Case for Regulatory Reform in Canada” by Ademola Adeyoju, primarily focuses on creating frameworks for understanding privacy dark patterns in the law and explaining the pitfalls and legal inadequacies surrounding dark pattern legislation in Canada.

However, the aim of this paper diverges significantly. While acknowledging …

Identifying And Responding To Privacy Dark Patterns, Dominique Kelly, Jacquelyn Burkell

FIMS Publications

Privacy dark patterns are user interface design strategies intended to “nudge” users to reveal personal data, either directly or by enabling (or failing to disable) privacy-invasive platform/profile settings. Examples of privacy dark patterns on social media include defaults that enable the public display of posted content, warnings that follow attempts to reject personalized ads, and hidden “skip” buttons that make it more challenging to decline privacy-undermining requests such as to sync contacts.

Our project aims to minimize the impact of privacy dark patterns on Canadian youth. Building on our prior research documenting the use of these strategies on five social …

Polisci 3210f: Feasibility Of A National Disability Insurance Plan (Ndip) In Canada, Twana Hassan, Aditi Priya, Dylan Poole, Samantha Rubin, Ethan Chen

Community Engaged Learning Final Projects

This research report presents an overview of the feasibility and reliability of a National Disability Insurance Plan (NDIP) in Canada. Several Global North countries are leading the way in disability legislation and disability funding in comparison to Canada's inaction on the matter. A National Disability Insurance Plan in Canada will have social and economic benefits for everyone in Canada. The report concluded that Canada is capable of implementing a NDIP and doing so is the right choice.

Re-Imagining Indigenous Consultation: An Examination Of Canada’S Duty To Consult, Paul Hansen

Electronic Thesis and Dissertation Repository

This examination of Canada’s duty to consult doctrine advances two arguments. First, the doctrine may not be serving the interests of some consultation participants effectively. Second, the existing literature does not address the challenges posed by multi-jurisdictional projects or the Crown’s decreased involvement in consultations adequately. Consequently, our understanding of the doctrine is incomplete and our ability to improve its efficacy may be restricted.

This dissertation explores the doctrine’s principles, strengths, and weaknesses to identify opportunities for improvement. It re-imagines the doctrine, identifying specific ways to improve its efficacy. At bottom, this dissertation considers three questions. First, to what extent …

A Corrective Justice Account Of Building Authority Liability In Canadian Negligence Law, Jonathan De Vries

Electronic Thesis and Dissertation Repository

In its decisions in Kamloops v Neilsen and Rothfield v Manolakos, the Supreme Court of Canada adopted a policy-driven justification for imposing liability on building authorities whenever the negligent exercise of their building regulation mandate led to any member of the public suffering any form of foreseeable loss. From its beginnings, this legal doctrine was incoherent and unjustified. It has also become an aberration within Canadian law as, beginning with the decision in Cooper v Hobart, the Supreme Court of Canada resiled from its earlier policy-based approach to imposing liability. What is required is a repudiation of the …

An Examination Of The International Court Of Justice’S Approach To Customary International Law, Janet Adewumi Bamigbose

Electronic Thesis and Dissertation Repository

Article 38(1) of the Statute of the International Court of Justice (ICJ) is regarded as the pre-eminent authority on the sources of public international law. Of the sources in this Article, none has been questioned as much as international custom, also referred to as customary international law. The ICJ has ruled that customary international law crystallizes when there is a conjugation of state practice and opinio juris, the subjective feeling by states that they must undertake the state practice. However, that seemingly simple definition leads to several questions: what amounts to state practice? How is opinio juris measured? Are …

Aligning Nigeria’S Companies And Allied Matters Act With Restructuring Objectives: A Comparative Analysis Using Key Areas Of Interest In Canada’S Insolvency Regime, Unyime Anieti Akpan

Master of Laws Research Papers Repository

Despite the commendable inclusion of restructuring options in Nigeria’s Companies and Allied Matters Act 2020 (“CAMA 2020”), there are still some issues to be addressed in order to fully align CAMA’s restructuring regimes with its goals. This paper undertakes a comparative analysis of the CAMA and the relevant Canadian laws in this respect (particularly the Companies’ Creditors Arrangement Act (“CCAA”) which are aimed at restructuring insolvent corporations. Given the broad nature of a general comparison of insolvency regimes, the approach of this research will be to highlight some key areas of interest under both the CAMA …

The Human Right To Development: Historical And Contemporary Linkages To Colonialism, Norman R. Kimber

Electronic Thesis and Dissertation Repository

This thesis concerns the Right to Development (the R2D), which was declared an inalienable human right by the United Nations General Assembly (UNGA) in the non-binding Declaration on the Right to Development (the DR2D) in 1986. It asserts that the R2D was not declared in a realizable manner, explaining the causes of identified doctrinal shortcomings. It explores the emergence of the R2D within the confluence of two post-1945 movements, being decolonization and the international human rights project, asserting that these movements were closely intertwined and substantively influenced by jurists from the Global South. The thesis then examines the political evolution …

Just Following Up: My Experience As A Summer Student Administrator For Osler, Hoskin & Harcourt Llp, Bridget Leslie

SASAH 4th Year Capstone and Other Projects: Publications

In this paper, I reflect on my experience as a Summer Student Administrator for Osler, Hoskin & Harcourt LLP where I acquired skills such as proficiency in various software and data analysis as well as professional communication, confidence, and organization. I applied these skills daily to produce quality work, and I am still applying these skills to my academic and personal life almost a year later. The culminating experience of the summer was presenting my own data analysis to a group of executives, which helped me improve my presentation skills and foster confidence in my own abilities. In addition to …

The Development Of An Expectations Theory Of Patent Law By Creating A Nexus With John Locke's Theory Of Private Property, Jason D. Newman

Electronic Thesis and Dissertation Repository

Abstract

This thesis reviews the Lockean justification of private physical property as an explanation for patent “property,” identifies its weaknesses, and modifies it to create a new theory of patent law based on expectations. After describing the characteristics of technical information, that description is applied to three different interpretations of the Lockean condition which demonstrate a strain in defining technical knowledge as property. The technical information paradigm is then applied to an expectations theory, which demonstrates a broad connection to the Lockean conditions, but maintains a fit within a wider patent law interpretation. The expectations theory also creates an avenue …

Revisiting The Defence Of Diminished Responsibility, Andrew Botterell

Law Publications

My goal in this article is to revisit the defence of diminished responsibility. There are three things that, taken together, suggest to me that a defence of diminished responsibility ought to be made available to certain individuals accused of certain criminal offences. The first is that Canadian criminal law already recognizes a number of defences that reflect ideas about diminished responsibility. The second is that despite the availability of these specific defences to criminal liability, no general defence of diminished responsibility is formally recognized in Canadian criminal law. And the third is that given the Supreme Court of Canada’s ongoing …

Intimate Partner Violence, Social Support, Mastery, And Mental Health, Alice Pearl Sedziafa

Electronic Thesis and Dissertation Repository

Background: Despite the growth in research on intimate partner violence (IPV) as a chronic stressor, including studies on the negative mental health impacts of IPV, limited attention has been given to understanding the stress process in terms of the direct impact of IPV on mental health and the simultaneous mediating effects of social support (emotional or practical assistance from one’s network) and mastery (a sense of personal control) on the relationship between IPV and mental health [Depression symptoms and Post-traumatic stress disorder (PTSD) symptoms]. These mechanisms are also poorly understood in the context of the concurrent effects of age, mothering, …

Do Securities Commission Debts Survive A Bankruptcy Discharge? An Analysis Of Poonian V. British Columbia (Securities Commission) (Bcca), Jasmine Girgis, Thomas G.W. Telfer

Law Publications

The Bankruptcy and Insolvency Act1 (“BIA”) allows certain debts to be discharged at the end of the bankruptcy process.2 This discharge achieves one of the BIA’s objectives by offering individual debtors a “fresh start” to rehabilitate and become productive members of society.3 However, the fresh start is not an absolute right. Parliament has enacted a series of exceptions to the discharge in section 178(1) of the BIA. As a counterweight to the fresh start principle, these exceptions ensure that debtors who engage in certain wrongful conduct do not benefit from the protections afforded by the bankruptcy regime. Interpreting these exceptions …

The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan

MA Major Research Papers

Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …

Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur

Electronic Thesis and Dissertation Repository

Very few survivors of sexual violence choose to engage the Canadian criminal justice system despite the fact that we expect law to be an effective tool to combat sexual violence. Since the vast majority of sexual violence survivors are female, the criminal justice system is failing women. This failure is largely because of the harm it causes by re-victimizing sexual assault complainants. Much of that harm arises from misunderstandings about trauma and from the existence of rape myths and gender stereotypes.. I argue that the criminal justice system’s treatment of female sexual violence complainants violates their section 7 and 15 …

Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes

Master of Laws Research Papers Repository

Following the introduction of the Safe Streets and Communities Act, mandatory minimum penalties (MMPs) were greatly expanded in Canadian criminal law. This expansion has been controversial, particularly in the context of drug crime. Through the lens of proposed legislation, Bill C-5, this paper presents the arguments both for and against the use of MMPs in the Controlled Drugs and Substances Act, with a particular focus on their potential to produce cruel and unusual punishment. Ultimately, this paper argues that, on account of their many downfalls, MMPs should have no place in Canadian drug law.

Regulatory Capture Of Self-Regulatory Organizations (Sros) In Canada: Do Sros Serve Public Or Industry Interests?, Oluwadamilola Adesanya, Western University

Master of Laws Research Papers Repository

The Canadian securities industry relies heavily on self-regulation, with two self-regulatory organizations (SROs), the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA) regulating the industry. The former regulates all investment dealers and trading on Canada's debt and equities markets, while the latter governs domestic distributors of mutual funds, except fixed-income products. As expected in an SRO model of regulation, the structure of both IIROC and the MFDA presents a risk that industry members may influence or capture its operations, advancing industry interests at the cost of its public interest mandate.

This Article …

Project Khepri: Asteroid Mining Project. Final Policy Report, Aaron Groh, Brieanna Miklaucic, Valerie Oosterveld, Elizabeth Steyn

Institute for Earth and Space Exploration White Papers

Much like outer space, our legal system consists of many unknowns. This is especially true for new developments in emerging technologies, particularly those related to the exploration, exploitation, and utilization of space resources. The recently developed technical feasibility of space mining has advanced ahead of existing international space treaties. While certain articles of the major UN treaties can be interpreted to adapt to the utilization of space resources, most of these provisions were not originally designed to be applied to a space mining regime.

Keeping in mind this context, this paper sets out the current international law landscape, including the …

Project Khepri: Mining Asteroid Bennu For Water, Erika Frost, Gowtham Boyala, Adam Gremm, Ahmet Gungor, Amirhossein Taghipour, Massimo Biella, Jiawei "Jackson" Qiu, Athip Thirupathi Raj, Arjun Chhabra, Adam Gee, Saanjali Maharaj, Erin Richardson, Julia Empey, Haidar Ali Abdul-Nabi, Lindsay Richards, Ariyaan Talukder, Aaron Groh, Brie Miklaucic, Jd Carlson, Kristina Kim, Maverick Cue

Undergraduate Student Research Internships Conference

Deep space asteroid mining presents the opportunity for the collection of critical resources required to establish a cis-lunar infrastructure. In specific, the Project Khepri team has focused on the collection of water from asteroid Bennu. This water has the potential to provide a source of clean-energy propellant as well as an essential consumable for humans or agriculture on crewed trips to the Moon or Mars. This would avoid the high costs of launching from Earth - making it a highly desirable element for the future of cis-lunar infrastructure. The OSIRIS-REx mission provided a complete survey of asteroid Bennu and is …

Legal Blog Post: Damage Awards For Wrongful Deaths Of Young Children, Nicole Voskuil

Undergraduate Student Research Internships Conference

No abstract provided.

Gbsv Resource Guide And Review For The University Of Western Ontario And Surrounding Area, Alyssa J. Madhani

Undergraduate Student Research Internships Conference

During the 2021-2022 academic year, gender-based violence and sexual assault became a major topic of discussion due to a number of troubling incidents throughout the year. One of the largest calls to action by the student body was for more resources and trainings. This paper compiles the resources and trainings that can be found on campus of the University of Western Ontario and in the surrounding areas into a cohesive list of major relevant sources. The goal of this paper is to amplify the many different programs already in place that can be added to the training cohorts or made …

Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski

Electronic Thesis and Dissertation Repository

Large scale mining projects generate highly variable outcomes. Proponents of mining cite benefits including job creation and revenue generation, while critics point to adverse social and economic impacts borne by mining-proximate communities. Community-based concerns about mining operations have raised ethical and social justice considerations relating to human-rights and consent. Community development agreements (CDAs) have emerged as an increasingly common tool to address such concerns and facilitate the delivery of tangible benefits from mining operations to affected communities. The effectiveness of CDAs, however, varies widely depending on the negotiated provisions and their implementation. This work contributes to the understanding of CDAs …

Mapping Governmental Engagement With Community Engaged Learning In Canadian Higher Education: An Environmental Scan Of Key Trends, Hannah R. Argiloff

Undergraduate Student Research Internships Conference

This is an environmental survey my supervisor and I conducted pertaining to the landscape of government engagement with Community Engaged Learning in Canadian Universities.

Community Engaged Learning (CEL) is a valuable type of experiential learning characterized by collaboration between student and community partner/ stakeholder for the creation of a mutual outcome.

Given the relations between provincial governments and their influence over publicly funded universities, compounded by a recent uptick in CEL programs across Canada, we wanted to survey government rhetoric, policy, and legislation across the country to create a picture of the interactions between provincial governments and CEL in the …

Menstrual And Fertility Tracking Apps And The Post Roe V. Wade Era, Samantha T. Campanella

Undergraduate Student Research Internships Conference

In the first section of the paper, I will place current conversations about data privacy within the broader context of restrictions that have been placed on reproductive rights by examining historical trajectories. Emphasis will be placed on the historical trajectory of how past policies and ideologies have worked against Roe v. Wade, and how this trajectory contributes to a decrease in access to abortions. In addition, recent news stories have documented the overturning of Roe v. Wade in several jurisdictions within the United States, which confirms the criminalization of abortion. In light of this, experts have raised awareness about the …

Developing An Advanced Intellectual Property Curriculum, Emily R. Lynch

Undergraduate Student Research Internships Conference

The Faculty of Law at Western University is leading a group of industry partners and academic institutions to develop a free, self-paced, online IP curriculum consisting of case studies and practical examples from companies in three main areas: artificial intelligence, automotive, and medical technologies. The curriculum will provide training on generating, protecting, commercializing, and leveraging intangible assets in the knowledge-based economy.

A Qualitative Look Into Repair Practices, Jumana Labib

Undergraduate Student Research Internships Conference

This research poster is based on a working research paper which moves beyond the traditional scope of repair and examines the Right to Repair movement from a smaller, more personal lens by detailing the 6 categorical impediments as dubbed by Dr. Alissa Centivany (design, law, economic/business strategy, material asymmetry, informational asymmetry, and social impediments) have continuously inhibited repair and affected repair practices, which has consequently had larger implications (environmental, economic, social, etc.) on ourselves, our objects, and our world. The poster builds upon my research from last year (see "The Right to Repair: (Re)building a better future"), this time pulling …

Parental Alienation Syndrome Memo, Alexander Winter

Undergraduate Student Research Internships Conference

No abstract provided.

Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic

Electronic Thesis and Dissertation Repository

Moral rights, prohibited marks, and geographical indications (GI) appear in Canadian intellectual property (IP) statutes and international IP instruments – but do not mirror the characteristics of the classic IP triad (patents, copyrights, and trademarks). The classic triad are alienable (tradeable, licensable, able to be transferred away by their owners). Moral rights, prohibited marks, and GI are inalienable (not able to be transferred to others by the persons entitled to them) and thus distinguishable from classic IP. This research demonstrates another characteristic setting moral rights, prohibited marks, and GI apart from classic IP: a common preoccupation with reputation or esteem. …

Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik

Electronic Thesis and Dissertation Repository

American scholar, Mark Bartholomew, predicted in 2018 that a new kind of neuroscientific evidence would help businesses involved in lawsuits connect their trademarks with the public’s perception of their trademarks. Bartholomew coined the term "neuromarks’ for this evidence. Bartholomew focused on U.S. trademark law. This research demonstrates, looking at both Canada’s domestic law and Canada’s relevant international treaties and trade agreements, that such evidence has not yet been used (in 2022) in trademark litigation in Canadian courts or tribunals but that there appears to be no legal barrier to its use in future in Canada. This research notes that neuroscience …