Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 9 of 9
Full-Text Articles in Law
A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher
A Matter Of Balancing: The Inability To Force Treatment On All Voluntary, Treatment-Incapable Patients In Ontario, Cindy L. Blancher
LLM Theses
This thesis concentrates on the question of whether or not voluntary, treatment incapable patients who have had their treatment consented to by a substitute decision-maker can be involuntarily treated. It is my opinion that under the current legislative scheme in Ontario the restraint of a voluntary, treatment incapable patient for the purposes of treatment is illegal subject to the following exceptions: (a) a guardianship order exists that contains authority to restrain and detain; or (b) a Power of Attorney for Personal Care has been executed by the now treatment incapable individual authorizing his substitute decision-maker to have him detained and …
Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge
Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge
LLM Theses
This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …
The Effects Of Inadequate Mental Health Resources On The Operation Of The Mental Disorder Provisions, Giuseppa Bentivegna
The Effects Of Inadequate Mental Health Resources On The Operation Of The Mental Disorder Provisions, Giuseppa Bentivegna
LLM Theses
In this thesis, I focus on whether adequate mental health resources exist and are available to a category of persons in the forensic mental health system--those found not criminally responsible on account of mental disorder of an offence under the mental disorder provisions, Part XX.1, of the 'Criminal Code '. I argue that adequate mental health services which address the needs of accused persons are necessary for the proper functioning of the mental disorder provisions of the 'Code'. I argue that these provisions were designed to foster the release and re-integration into society of persons within this system as quickly …
Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah
Recent Challenges To The Protection Of Copyright In Literary Works: A Study Of Ghana And Canada, Josephine Asmah
LLM Theses
This work traces the historical development of the concept of copyright in literary works from the earliest forms of communication by human beings until the present day. By assessing the impact of implementing the recent international copyright agreements on literary works in Ghana, a developing country, and in Canada, a developed country, the work establishes that generally, the economies of developed countries are more suitable than those of developing countries to support a strengthened copyright regime. This is more so because the former have shorter transition periods in which to comply with the international copyright framework. The work also asserts …
Right To Strike: A Comparison Of Canadian And Chinese Law, Tianjiao Yu
Right To Strike: A Comparison Of Canadian And Chinese Law, Tianjiao Yu
LLM Theses
The socialist market economy was written into the Chinese Constitution in 1993. From then on, the Ministry of Labour stopped officially denying the existence of strikes in China. For the past several years, there have been numerous reports of labour unrest. However, there is in no law regulating strikes. Strikes are prohibited in China. This thesis is designed to conduct a comparison of Canadian and Chinese law respecting the right to strike. Chapter I is devoted to analysis of the right to strike under Canadian law in two aspects. The first aspect is the question of whether there is a …
The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell
The Evolving Duties Of Trade Unions Toward Their Members: Defining The Duties And Determining The Standards, B. Richard Bell
LLM Theses
This thesis examines the continuing development of a union's duty to fairly represent its members, the duty owed by a union to its members based upon negligence principles and the recent development of the duty to accommodate in the field of human rights legislation. As the federal government and seven of the ten Canadian provinces moved to codify the union duty of fair representation the lower courts saw a continuing need for judicial supervision in the area of intra-union conflict. However, the Supreme Court of Canada appears to have willingly accepted ouster of the courts' inherent jurisdiction in favour of …
The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker
The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker
LLM Theses
Two constitutional principles--constitutional supremacy and parliamentary supremacy--should not be treated as antagonistic. The task for the Supreme Court of Canada since its elevation as constitutional arbiter has been to find the balance between these two constitutional doctrines. It must do so within the limits prescribed by the judicial function. What are those limits in the context of criminal law? The definitional elements of the offence; the political and legal theory of classical liberalism; the Charter's constitutional, as opposed to statutory, character; the primacy of either crime control or due process values in judicial decision-making; the fluctuating balance in the criminal …
What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling
What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling
LLM Theses
This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …
Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul
Use Of Discretion In Independent Migrant Selection: A Study Of Canadian Immigration Law, Policy And Practice, Philip Lupul
LLM Theses
Canadian immigration law has traditionally relied upon broad grants of discretionary authority as a tool for immigrant application processing. Such authority has had two facets--a procedural aspect allowing for flexibility in methods and processes for handling applications, and a substantive aspect relating to actual decision making. This thesis examines such discretion in the particular context of the Independent category of migration that is provided for under the current Immigration Act and Regulations. This thesis argues that discretionary power has recently been significantly affected by two evolving trends. Hampered by fiscal constraints, the bureaucracy has sought to reduce usage of positive …