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Articles 1 - 6 of 6
Full-Text Articles in Law
An Epidemic Amidst A Pandemic: A Critical Policy Analysis Of Supervised Consumption Sites, Vanisa Ezukuse
An Epidemic Amidst A Pandemic: A Critical Policy Analysis Of Supervised Consumption Sites, Vanisa Ezukuse
Electronic Thesis and Dissertation Repository
This study's primary purpose is to critically appraise current federal and provincial policies regarding supervised consumption sites (SCS), noting intended and unintended consequences; and how these policies could impact SCS users. This study's secondary goal is to compare current policies related to SCS in Alberta, British Columbia, Ontario, and Quebec to provide critical insight and suggestions for ongoing policy development. Carol Bacchi’s (2009) “What is the Problem Represented to Be?” framework was applied to the Canadian policy document with a focus on SCS. Four themes are proposed: Public Health versus Criminality, Presumptions versus Assumptions, Policy Unaccountability, and Policy Duality. It …
The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan
The Problems Facing The International Criminal Court: African Perspectives, Sarah Nimigan
Electronic Thesis and Dissertation Repository
Since the establishment of the International Criminal Court (ICC), it has faced serious problems and has been subject to criticism, particularly from African states. More specifically, some African states have argued that the operation of the Court has produced outcomes that are vastly different from what was imagined and hoped for at the time the Court was negotiated in 1998. The dissertation answers four interrelated research questions: (1) What kind of International Criminal Court (ICC) did African states want prior to and during the Rome Diplomatic Conference in 1998? (2) Why did African states ratify the Rome Statute more than …
The Measure Of A Monitor's Role, Alejandro E. Gonzalez
The Measure Of A Monitor's Role, Alejandro E. Gonzalez
Electronic Thesis and Dissertation Repository
This study examines the monitor, a court-appointed officer under the Companies’ Creditors Arrangement Act, in order to determine whether and how to best secure its independence. Concerns over the role are increasingly over whether it can maintain its supposed impartiality and avoid conflicts of interest. This study centers on its fiduciary duty, long discussed in the courts, as both problematic because it is not conclusively defined, and as the best means of establishing the monitor as a fair and impartial guardian of public confidence in Canadian insolvency law. By examining leading insolvency law theories, international and Canadian insolvency policy, and …
Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock
Interpreting Undrip: Exploring The Relationship Between Fpic, Consultation, Consent, And Indigenous Legal Traditions, Jeffrey Warnock
Electronic Thesis and Dissertation Repository
This thesis addresses an interpretive question at the heart of the discourse surrounding the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); the meaning of the principle of Free, Prior, and Informed Consent (FPIC). It argues that interpreting and implementing UNDRIP and specifically the articles requiring FPIC needs to be done in a way that meaningfully engages with and incorporates the laws of Indigenous peoples (Indigenous Legal Traditions or ILTs). This thesis explores why it is essential to discuss UNDRIP through the lens of ILTs, explores the scholarship and major interpretive schools of thought regarding FPIC, and concludes …
A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi
A 'Critical Mass' Approach To Negotiations In The Wto: A Case Study Analysis, Temitope O. Adeyemi
Electronic Thesis and Dissertation Repository
The thesis examines the viability of the ‘critical mass’ approach to negotiations as a proper substitute for conventional negotiating formats in present and future World Trade Organization (WTO) trade negotiations. The thesis provides an overview of the traditional negotiating formats in the WTO and its predecessor, the General Agreement on Tariffs and Trade of 1947 (GATT 1947). A case study approach is adopted in the thesis to explain the concept of the critical mass-based negotiating modality in the WTO context. The primary case studies are the existing WTO Information Technology Agreement, the WTO Basic Telecommunication Agreement, the WTO Financial Services …
Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield
Neither Seen Nor Heard: Surviving Children Of Domestic Homicide, Alexis Winfield
Electronic Thesis and Dissertation Repository
Domestic homicide is a critical human rights issue that continues to impact women, children, and families in Canada. Between 2010-2018, 662 individuals died as a result of domestic homicide, many of whom were mothers who left surviving children behind. This study examined the experiences of surviving children prior to, during, and in the aftermath of domestic homicide through quantitative and qualitative court and media document analyses. It was found that 136 children in Ontario experienced domestic homicide between 2010-2017. Domestic homicide impacted surviving children in all domains of functioning and was often associated with long-term adverse outcomes. Court documents revealed …