Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Prosecuting The Fishery: The Supreme Court Of Canada And The Onus Of Proof In Aboriginal Fishing Cases, Peggy J. Blair
Prosecuting The Fishery: The Supreme Court Of Canada And The Onus Of Proof In Aboriginal Fishing Cases, Peggy J. Blair
Dalhousie Law Journal
In Sparrow and other decisions, the Supreme Court of Canada has outlined certain tests which must be met by the Crown and defence in the trial of aboriginal fishing cases where s.35 rights are at issue. This article describes the shifting burdens of proof which have resulted from those tests. The author argues that the Supreme Court of Canada has imposed procedural and substantive requirements of proof on the defence which may in themselves be unconstitutional.
Development Projects And Project-Affected Peoples: The Need To Advance Sustainable Development By Establishing An International Development Institutions Inspection Panel To Redress Grievances, Ram Anand Shankar
LLM Theses
Indigenous and tribal communities are frequently affected by development projects in an adverse manner. Often they do not have any effective way of redressing their grievances, particularly against noncompliance of environmental guidelines and rules by International Development Institutions. This thesis explores avenues open to affected peoples to redress their grievances regarding the negative impacts of development projects. The thesis begins by defining "Project Affected Peoples," explores the concept of sustainable development, and suggests consequent principles for development projects. Then follows an examination of an existing grievance-redressal mechanism, the World Bank Inspection Panel, which has been mandated to redress complaints from …