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Articles 1 - 8 of 8
Full-Text Articles in Law
The Clarity Of Reasonableness Since Dunsmuir: Mission (Mostly) Accomplished, Ryan D. Robb
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 …
Re-Imagining The Principle Of National Treatment: Addressing Private International Law Issues In Copyright Infringement In The Internet Era, Ragavi Ramesh
Electronic Thesis and Dissertation Repository
This dissertation examines the principle of National Treatment enshrined in international copyright treaties to address private international law issues in copyright infringement occurring over the Internet. The thesis provides a brief overview of private international law and analyzed the principle of National Treatment as a private international law rule determining jurisdiction and applicable law. The primary case studies in the thesis include an analysis of the rules adopted in copyright disputes by courts in England, France, the United States and Canada in the pre- and post-Internet contexts, as well as a discussion of the European Union as an exception to …
Trusting To A Fault: Criminal Negligence And Faith Healing Deaths, Ken Nickel
Trusting To A Fault: Criminal Negligence And Faith Healing Deaths, Ken Nickel
Electronic Thesis and Dissertation Repository
Faith healing deaths occur infrequently in Canada, but when they do they pose a considerable challenge for criminal justice. Similar to caregivers who absent-mindedly and fatally forget a child in a hot vehicle, faith healers do not intentionally harm their children. It can seem legally excessive and unjust to prosecute achingly bereaved parents. But unlike ‘hot-car’ deaths, faith healing parents are not absent minded in the deaths they cause. Rather, significant deliberation and strength of will is necessary to treat their child’s ailment with faith alone. Two different Criminal Code provisions can be brought to bear upon these deaths, namely, …
Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss
Electronic Thesis and Dissertation Repository
Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice can help …
Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin
Creating Difference: The Legal Production Of Race In American Slavery, Shaun N. Ramdin
Electronic Thesis and Dissertation Repository
This dissertation examines the legal construction and development of racial difference as considered in literature written or set during the final years of American slavery. While there had consistently been a conceptual correspondence between black skin and enslavement, race or racial difference did not become the unqualified explanation of enslavement until fairly late in the institution’s history. Specifically, as slavery’s stability became increasingly threatened through the nineteenth century by abolitionism and racial slippage, race became the singular and explicit rationale for its existence and perpetuation. I argue that the primary discourse of this justificatory rationale was legal: through law race …
Ontario College Of Teachers Cases Of Teacher Sexual Misconduct, Taryn Mototsune
Ontario College Of Teachers Cases Of Teacher Sexual Misconduct, Taryn Mototsune
Electronic Thesis and Dissertation Repository
Teacher sexual misconduct in Ontario was examined by using cases reviewed by the Ontario College of Teachers between 2000 and 2013. Despite the impetus by key stakeholders to develop appropriate policies to circumvent teacher-student sexual relationships, this phenomenon is still not well understood. The current study found that around 92 percent of perpetrators are men. The results indicate that male perpetrators who abuse elementary school-aged males are more likely to have multiple victims and longer offending careers. This study found less intrusive sexual behaviour, fewer multiple victim perpetrators, and shorter offending careers in more recent cases. This suggests that the …
Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany
Explaining The Establishment Of The Independent Prosecutor Of The International Criminal Court, Laszlo Sarkany
Electronic Thesis and Dissertation Repository
The aim of this dissertation is to discern and explain why states established the International Criminal Court (ICC) with an independent Prosecutor with the aid of theories of international relations. The theories utilized were neorealism, neoliberal institutionalism, historical institutionalism, constructivism and liberal-pluralism. In order to complete the above-stated task, two supplemental questions were asked: first, how may one able to explain policy formulation in regards to the ICC; and second, what accounts for the victory of the supporters. The comparative case study method of the ‘method of agreement’ was employed. Canada and the United Kingdom – from among the supporters …
Canada's Duty To Consult: Communicative Equality And The Norms Of Legal Discourse, Matthew J. Glass
Canada's Duty To Consult: Communicative Equality And The Norms Of Legal Discourse, Matthew J. Glass
Electronic Thesis and Dissertation Repository
This thesis employs Juergen Habermas’s discourse theory of law to argue that Canada’s duty to consult with indigenous communities is based on extra-legal communicative presumptions that fail to reflect the basic norm of communicative equality. It derives a set of communicative norms from discourse theory, demonstrates their dovetailing with discursive norms found within the intersocietal communicative practices of at least selected indigenous legal orders, such as treaty-making, and argues for normative revisions of the duty to consult appropriate to Canada's intersocietal legal order.