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Full-Text Articles in Law
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn
Land Claim Settlement In Canadian Arctic: Pragmatism And Instrumentalism At Work, Diana Ginn
Articles, Book Chapters, & Popular Press
In Canada, comprehensive land claims based on Aboriginal title can be pursued through either litigation or negotiation. Generally, the relationship between litigation and negotiation of these claims is understood as one where the Supreme Court of Canada initially prodded the Canadian state to action, and then in a series of decisions developed the legal parameters within which the political realities of negotiation occur. Thus, settlement tends to follow and be shaped by the contours of the legal doctrine. However, settlement of land claims in Canada’s Arctic moved ahead of the case law in two key areas, as manifested in: (a) …
Unlocking The Doors To Canadian Older Inmate Mental Health Data: Rates And Potential Legal Responses, Adelina Iftene
Unlocking The Doors To Canadian Older Inmate Mental Health Data: Rates And Potential Legal Responses, Adelina Iftene
Articles, Book Chapters, & Popular Press
This article is based on a quantitative study investigating the quality of life of older Canadian prisoners. For this study, social science methodology was used to answer certain legal questions, such as: what are the mental health issues of older male offenders and how are these needs influencing the exercise of their legal rights? Are institutions prepared to deal with the increased needs of older offenders? If no, is this an infringement of this group's rights? In this article, the mental health problems of older offenders are first outlined. Second, the legal, policy, and institutional limitations in responding to these …
Polyjural And Polycentric Sustainability Assessment: A Once-In-A-Generation Law Reform Opportunity, Jason Maclean, Meinhard Doelle, Chris Tollefson
Polyjural And Polycentric Sustainability Assessment: A Once-In-A-Generation Law Reform Opportunity, Jason Maclean, Meinhard Doelle, Chris Tollefson
Articles, Book Chapters, & Popular Press
The Canadian environmental assessment (EA) regime is broken. At a time when the Canadian economy is both increasingly sluggish and unsustainable, we have an obligation – and perhaps a once-in-a-generation opportunity – to fundamentally reform EA to enable it to finally live up to its promise of promoting sound and sustainability-based decisions. This task is even more pressing in light of the global commitment under the Paris Climate Change Agreement to rapidly transition to greenhouse gas emissions neutrality. Among the many priorities of meaningful EA reform – moving beyond project-level assessments, focusing on net positive contributions to sustainability, avoiding costly …