Law Commons^™

Proportionality In The Criminal Law: The Differing American Versus Canadian Approaches To Punishment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

The focus of this Article shall be upon the Eighth Amendment of the United States Constitution and s. 12 of the Canadian Charter of Rights and Freedoms, both of which prohibit “cruel and unusual punishment”; and their effect on mandatory criminal sentencing (via penal statute) in the two countries. The Article shall begin by briefly explain the differences between the jurisdictional application of criminal justice in the United States and Canada. The Article will next present and explain the American Eighth Amendment approach to the constitutionality of mandatory criminal sentencing and contrast this to the Canadian s. 12 approach to …

Research In The Biotech Age: Can Informational Privacy Compete?, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper examines the privacy of personal medical information in the health research context. Arguing that biomedical research in Canada has been caught up in the government’s broader neo-liberal policy agenda that has positioned biotechnology as a strategic driver of economic growth, the author discusses the tension between informational privacy and the need for medical information for research purposes. Consideration is given to the debate about whether privacy for medical information serves or hinders the ‘public good’ in respect of medical research, and to discussions of informed consent as an element of ‘fair information practices’ designed to safeguard the privacy …

Personal Health Information In Canada: A Comparison Of Citizen Expectations And Legislation, Wilhelm Peekhaus

Wilhelm Peekhaus

This paper explores whether the Canadian legislative protections in place to safeguard medical privacy meet the expectations of Canadians. An overview of current governance systems designed to protect the privacy of personal health information at both the federal and provincial levels is first presented. This is followed by an empirical analysis of the results of a public opinion survey conducted to determine Canadian attitudes about medical privacy, particularly genetic privacy. The analysis highlights areas where legislation and public opinion converge and diverge.

Canada And Russia In The North Pole: Cooperation, Conflict, And Canadian Identity In The Interpretation Of The Arctic Region, Nick J. Sciullo

Nick J. Sciullo

The Arctic debate touches on a number of important international issues: national security, energy exploration and policy, environmental concerns, and maritime commerce are but a few. The North Pole, the Arctic more generally, is becoming increasingly important to a number of international actors as climate change causes ice to melt and the Arctic's waters become increasingly navigable. The pressure to lay claim to the Canadian North is intense, as countries clamor for the right to firmly plant their flags and lay the foundations for their military bases and research facilities.

Canadians must confront threats to sovereignty that they have not …

The Centennial Of The Boundary Waters Treaty: A Century Of United States–Canadian Transboundary Water Management, Noah D. Hall

Noah D Hall

The Boundary Waters Treaty of 1909 has now provided the foundation for transboundary United States-Canadian water management for a century. During the one hundred years that the Boundary Waters Treaty has been in place, both the law and the world in which the law operates have changed dramatically. Some of the most relevant and significant changes have been several fold increases in population and thousand fold increases in gross domestic product in North America with correlating increased environmental impacts, the growth of international law and governance institutions, the emergence of modern environmentalism and the resulting creation of domestic and international …