Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
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) …
The Law Of Stigma, Travel, And The Abortion-Free Island, Joanna Erdman
The Law Of Stigma, Travel, And The Abortion-Free Island, Joanna Erdman
Articles, Book Chapters, & Popular Press
In 1988, the Supreme Court of Canada decriminalized abortion in R. v. Morgentaler. Almost immediately thereafter, the Maritime province of Prince Edward Island ("P.E.I.") passed a legislative resolution opposing the provision of abortion services on the Island except to save the life of a pregnant woman. P.E.I. is a small pastoral province of rolling hills and ocean coves in the St. Lawrence Gulf, and since 1988, through various regulatory actions, its government has honored this policy promise to keep the Island abortion-free and to preserve its moral landscape.
The same year that abortion was banished from P.E.I., Prince Edward Islanders …
The High Cost Of Transferring The Dream, Kim Brooks
The High Cost Of Transferring The Dream, Kim Brooks
Articles, Book Chapters, & Popular Press
This paper is part of a larger project where I use the facts in tax decisions to reveal something about who we are. It looks through a small window into the lives of the people who find themselves caught between our collective and their individual expenditure aspirations. More specifically, it explores the circumstances in which individuals find that their outstanding tax debts pose a threat to their ability to maintain ownership of their home.
In this paper I use the facts of tax cases for two ends. First, I am interested in disrupting legal knowledge hierarchies. We choose cases to …