Law Commons^™

The Copyright Board And Tribunals Process: Users In The Balance, Louis J. D'Alton

Electronic Thesis and Dissertation Repository

The wholesale adoption of copyright collective management as public policy tool has had an extraordinary impact on the information landscape. The unfettered expansion of collective rights organizations throughout the 20^th century has resulted in increased social costs and a burgeoning bureaucracy surrounding the collective use of rights.

This thesis considers the role of copyright tribunals within that process, and more importantly within a critical historical frame. While some work has been done with respect to copyright tribunals and their role in the policy process, none of it has considered the tribunals within a critical frame. This thesis considers those …

The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb

Electronic Thesis and Dissertation Repository

This project develops an interpretive account of the single reasonableness standard as it has evolved in the Canadian Supreme Court case law since its introduction in New Brunswick (Board of Management) v. Dunsmuir. My analyses show, contrary to the bulk of the academic commentary, that reasonableness is a clear and coherent standard of review. Specifically I show that in the eyes of the Court, interference owing to unreasonableness is required only when decisions are not justified in the context of the legal framework. Unjustified decisions demand interference because they are arbitrary in the sense that the powers of the …

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 …

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 …