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Articles 1 - 30 of 59
Full-Text Articles in Law
Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare
Taxpayer-Funded Covid Shots For Minks Just The Latest Nova Scotia Industry Outage, Jodi Lazare
Articles, Book Chapters, & Popular Press
Nova Scotia's Department of Agriculture has quietly announced its plan to prop up the mink farm industry, by paying for COVID-19 vaccines for minks. Throughout the pandemic, we’ve learned that minks can catch COVID, spread it between themselves, and transmit it to the humans who work on these farms. As part of Nova Scotia’s vaccination program, 54,000 doses will be administered to the animals whose pelts will eventually be sold overseas.
Habeas Corpus Unbound, Sheila Wildeman
Habeas Corpus Unbound, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Sites of incarceration present stress tests to our theories and practices of administrative law. They yield insights, too, into how law distributes power across the administrative state. While studying administrative law as prison law reveals certain distinctions between the law that rules in prisons and everyday administrative state operations, it also reveals continuities—for instance, between the surveillance and control characterizing prisons and the routine surveillance and control that police, child welfare, social assistance, mental health, and public health authorities concentrate upon Indigenous, Black, disabled, and poor people in ways that produce and reproduce subordination and disproportionate incarceration. We begin to …
Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics
Ag-Gag Illustrated, Jodi Lazare, Petroglyph Comics
Articles, Book Chapters, & Popular Press
In February 2021, Professor Jodi Lazare was contacted by Petroglyph Comics, a social justice comic studio, that wanted to turn her research on Canadian ag-gag legislation into a comic, accessible to all. The resulting comic is based on two articles by Prof. Lazare, the first published in the Alberta Law Journal and the second currently under review at a second Canadian law journal. Both articles combine her interests in animal law and constitutional law to suggest that recently adopted legislation limiting access to and information about industrially farmed animals in Canada constitutes an unjustified limit to the constitutional right …
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
Mapping Human Rights-Based Climate Litigation In Canada, Lisa Benjamin, Sara L. Seck
Articles, Book Chapters, & Popular Press
In line with global trends, there has been an increase in human rights-based climate litigation brought in Canadian courts in recent years. Some litigants invoke human rights as found in the Canadian Charter of Rights and Freedoms to push federal and provincial governments to take seriously the implementation of their climate obligations. Other litigants invoke procedural environmental human rights to engage in free speech and peaceful protest in the face of government action supporting fossil fuel consumption or expansion. At the same time, the Supreme Court of Canada has recognized that Canadian courts could develop civil remedies for corporate violations …
Nature-Based Solutions To Sea Level Rise And Other Climate Change Impacts On : A Law And Policy Perspective, Meinhard Doelle, Tony George Puthucherril
Nature-Based Solutions To Sea Level Rise And Other Climate Change Impacts On : A Law And Policy Perspective, Meinhard Doelle, Tony George Puthucherril
Articles, Book Chapters, & Popular Press
There are several nature-based adaptation options available to coastal nations. In this paper, we offer a brief overview of these options and then focus on mangroves to consider how laws and policies can support nature-based solutions and thereby contribute to more effective overall adaptation efforts. We first outline the concept of adaptation and its variants, thereby setting the context for this study. We then briefly explore the science relating to nature-based adaptation. We analyze the international legal regime in place to protect mangrove ecosystems. Finally, we discuss the merits, the challenges, and strategies developed to surmount some of the challenges …
The Shipping Sector And Ports As Central Actors In The Decarbonization Effort: A Case Study Of China, Aspasia Pastra, Meinhard Doelle, Tafsor Johansson
The Shipping Sector And Ports As Central Actors In The Decarbonization Effort: A Case Study Of China, Aspasia Pastra, Meinhard Doelle, Tafsor Johansson
Articles, Book Chapters, & Popular Press
This article carves out China’s maritime state-of-play with regards to GHG mitigating measures with a special focus on CO2 emission. The article commences with an overview of IMO’s GHG strategy taking into account the critical targets, proposed plans, schemes and measures aimed at the shipping sector. Discussions then segue into a twofold discussion pertaining to China’s current policy and port governance actions highlighting some of the existing gaps and challenges. Reference is made to remarkable developments from countries considering three vital key elements for an effective green port policy framework before drawing concluding remarks.
R. C. Bissonnette And The (Un)Constitutionality Of Consecutive Periods Of Parole Ineligibility For A Life Sentence: Why The Qcca Got It Right And Why Section 745.51 Should Never Be Re-Written, Adelina Iftene
Articles, Book Chapters, & Popular Press
This article reviews the constitutional arguments upheld by the QCCA in Bissonnette and weighs them against the challenges that trial judges have encountered in applying s. 745.51 since 2012. By drawing on a qualitative review of cases in which s. 745.51 has been applied, as well as Charter principles, sentencing case law, and international practices, this article posits that the QCCA was correct in its approach to s. 745.51, both in finding it unconstitutional and in finding that the provision should not be read down to render it constitutional. This article advances the central argument that, in the context of …
Climate Justice And The Etos, Sara L. Seck
Climate Justice And The Etos, Sara L. Seck
Articles, Book Chapters, & Popular Press
This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …
A Critical Appraisal Of The African Continental Free Trade Area Agreement, Olabisi D. Akinkugbe
A Critical Appraisal Of The African Continental Free Trade Area Agreement, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Despite Africa’s fragmented sub-regional economic regimes, the AfCFTA Agreement represents a significant moment for African States to harness the continent’s international trade and investment opportunities on their own terms. The AfCFTA Agreement initiates a set of complex and lengthy negotiations with a view to reducing tariffs, galvanize industrial production and boost Africa’s trade. The success of Africa’s reinvigorated liberal internationalism embodied in the AfCFTA Agreement depends on a host of factors that primarily includes its effective implementation.
This Chapter situates the AfCFTA Agreement in the historical and contemporary contexts of the mixed performance of sub-regional economic communities and other regimes …
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”
This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …
Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Articles, Book Chapters, & Popular Press
With the proliferation of digital data, data mining (DM)—in the sense of the discovery of valuable structures in large sets of data—is expected to increase the productivity of many types of research. This paper discusses how copyright affects DM by academic researchers. In some territories, academic DM is lawful if researchers have lawful access to input works. In other territories such as the European Union, lawful DM additionally requires specific consent by rights holders. Based on bibliometric data and quasi-experimental research designs, we show that where academic DM requires specific rights holder consent: (1) DM publications make up a significantly …
Critiquing Instrumentalism In High Education: Lessons From Teaching As A Meditative Inquiry, Ashwani Kumar, Nayha Acharya
Critiquing Instrumentalism In High Education: Lessons From Teaching As A Meditative Inquiry, Ashwani Kumar, Nayha Acharya
Articles, Book Chapters, & Popular Press
In this conceptual and self-reflective essay, the authors begin from the premise that the contemporary higher educational institutions in Canada and many other parts of the world have increasingly tended to focus on instrumental teaching, rooted in neoliberal and capitalist ideals of societal progress through economic development. The result is that higher education centralizes making students career ready, rather than the holistic development of the student. Critical of this, Ashwani Kumar (professor of Education) and Nayha Acharya (professor of Law), undertake a collaborative effort to discuss how Kumar’s theoretical and practical concept of teaching as meditative inquiry can be an …
Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe
Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Article 20 AfCFTA establishes a Dispute Settlement Mechanism, the Protocol on Rules and Procedures on the Settlement of Disputes (‘the AfCFTA DSM Protocol’; ‘Protocol’) and a Dispute Settlement Body (‘DSB’) for resolving disputes between State Parties. The AfCFTA dispute settlement mechanism is a central element of the AfCFTA as it provides security and predictability to the regional trading system (Art 4 AfCFTA-DSM Protocol). The AfCFTA dispute settlement mechanism will ‘preserve the rights and obligations of State Parties under the Agreement and clarify the existing provisions of the Agreement in accordance with customary rules of interpretation of public international law’ (Art …
International Decision Commentary: Houngue Éric Noudehouenou V. Republic Of Benin, Olabisi D. Akinkugbe
International Decision Commentary: Houngue Éric Noudehouenou V. Republic Of Benin, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The judgment in Houngue Éric Noudehouenou v. Republic of Benin adds to the growing body of human rights jurisprudence on national electoral processes in Africa’s international courts. The decision demonstrates the growing importance of Africa’s regional and sub-regional courts as an alternative venue for opposition politicians, activists, and citizens to mobilize and challenge election processes and constitutional amendment processes where the playing field in their state is uneven. In turn, it reinforces the pivotal role of the regional and sub-regional courts in consolidating democratic governance in Africa, and reveals the limits of assessing the performance of Africa’s international courts solely …
Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe
Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
Recent trends in reforms by African states in the field of International Investment Law (IIL) has been dubbed as the Africanization of IIL. These important debates regarding reform of IIL in Africa foreground innovative aspects of International Investment Agreements (IIA) in contrast to the traditional IIL regime. The debates also remind us of the relative lack of African voices in the global IIL reform agenda. There is however little research that critically analyze the Africanization of IIL thesis.
This article undertakes this analysis. Drawing on TWAIL, it characterizes Africanization of IIL into ‘moderate’ and ‘radical’ reforms. The article analyzes the …
The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden
The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden
Articles, Book Chapters, & Popular Press
Government lawyers, and the specific legal ethics issues that arise in their practices, remain largely overlooked in Canadian legal education. The authors argue that government lawyering should be better incorporated into legal ethics curricula in law schools, for both practical and conceptual reasons. Most importantly, understanding issues unique to government lawyering helps students better understand core concepts in legal ethics, and thus better prepare for the practice of law both in the public and private sectors. While law teachers face serious challenges in incorporating government lawyering into legal ethics education, many of those challenges can be confronted and ameliorated. The …
Testing For Consistency: Certain Digital Tax Measures And Wto Non-Discrimination, Okanga Ogbu Okanga
Testing For Consistency: Certain Digital Tax Measures And Wto Non-Discrimination, Okanga Ogbu Okanga
Articles, Book Chapters, & Popular Press
Few issues have challenged tax policymakers and commentators as much as digital taxation has in recent years. Ongoing efforts to reconstruct the rules of international tax to “properly” govern the taxation of the global digital economy have evoked some important tax and trade related considerations. As regards the latter, unilateral attempts by various states – partly spurred on by a lack of multilateral consensus – to tax nonresident digitalized businesses threaten to disrupt international trade relations, with threats of trade war exchanged between some World Trade Organization (WTO) member states over the propriety of the proposed tax measures. As the …
J. Krishnamurti And The Contemporary World Crises: Scholars’ Panel Two Session Four, Ashwani Kumar, Nayha Acharya
J. Krishnamurti And The Contemporary World Crises: Scholars’ Panel Two Session Four, Ashwani Kumar, Nayha Acharya
Articles, Book Chapters, & Popular Press
In this presentation, I describe my journey with Krishnamurti’s existential inquiry at a personal level and in the context of my academic life. I was introduced to Krishnamurti’s work during my Bachelor of Education program in India in 2004. While Krishnamurti was quite peripheral to the curriculum, he became a central focus of study for me during the Bachelor of Education, Masters of Education, and during my PhD. His insights have had a deep impact on how I view personal, educational, and social problems and how I approach teaching and research. His work is central to the four pedagogical and …
The Quotidian And Constitutive Practice Of Police Brutality Against Indigenous People, Elaine Craig
The Quotidian And Constitutive Practice Of Police Brutality Against Indigenous People, Elaine Craig
Articles, Book Chapters, & Popular Press
In Settler Colonialism, Policing and Racial Terror: The Police Shooting of Loreal Tsingine Sherene Razack gives voice to the settler colonial violence perpetrated against Loreal Tsingine, a 27-year-old Navajo women who was shot and killed by Austin Shipley. Shipley, a white male police officer, claimed he was trying to apprehend her for alleged shoplifting. The article, which is brilliantly and compellingly written (as is typical of all of Professor Razack’s work) makes several claims. Most centrally, however, she asserts that racial terror – a violence done at both structural and individual levels – is at the very heart of the …
Legislative Options To Address Institutional Objections To Voluntary Assisted Dying In Australia, Ben P. White, Lindy Willmott, Eliana Close, Jocelyn Downie
Legislative Options To Address Institutional Objections To Voluntary Assisted Dying In Australia, Ben P. White, Lindy Willmott, Eliana Close, Jocelyn Downie
Articles, Book Chapters, & Popular Press
Voluntary assisted dying is being considered by parliaments and law reform bodies across Australia. Although individual conscientious objection is routinely considered in these deliberations, an institution’s desire to object to providing voluntary assisted dying has received very little attention. After briefly considering the concept of institutional objection in voluntary assisted dying, this article examines the available (albeit limited) Australian evidence on this practice. Institutional objection is happening in Victoria (where voluntary assisted dying is lawful) and is likely to occur in other Australian states. The article proposes that regulation is needed and presents three models for parliaments and law reformers …
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The disciplining of judges is a sensitive and complex challenge. In Nigeria, the complexity is heightened because the process is complicated by socio-political factors and public views about the motivations for disciplining some judges, including claims of political interference by the ruling government. This Chapter argues that both judicial discipline and the work of the National Judicial Council (NJC) – the body responsible for judicial regulation in Nigeria – are caught up within Nigeria’s peculiar socio-politics, a reality that a strictly legal analysis will miss. The Chapter analyzes contemporary challenges and controversies associated with the complaints and discipline procedure in …
From Sandbox To Pandemic: Agile Reform Of Canadian Drug Regulation, Ipek Eren Vural, Matthew Herder, Janice E. Graham
From Sandbox To Pandemic: Agile Reform Of Canadian Drug Regulation, Ipek Eren Vural, Matthew Herder, Janice E. Graham
Articles, Book Chapters, & Popular Press
Public health urgency for emerging COVID-19 treatments and vaccines challenges regulators worldwide to ensure safety and efficacy while expediting approval. In Canada, legislative amendments by 2019 Om- nibus Bill C-97 created a new "agile" licensing framework known as the "Advanced Therapeutic Pathway" (ATPathway) and modernized the regulation of clinical trials of drugs, vaccines, and medical devices. Bill C-97′s amendments are worthy of attention in Canada and globally, as health product regulation bends to COVID-19. The amendments follow reforms elsewhere to accommodate health product innovation, how- ever, the Canadian ATPathway is broader and more flexible than its counterparts in other jurisdictions. …
Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz, Lucie Guibault, Graham Reynolds, Bita Amani, Sara Bannerman, Pascale Chapdelaine, Myra Tawfik, Samuel Trosow
Consultation On How To Implement Canada's Cusma Commitment To Extend The General Term Of Copyright Protection, Carys Craig, Ariel Katz, Lucie Guibault, Graham Reynolds, Bita Amani, Sara Bannerman, Pascale Chapdelaine, Myra Tawfik, Samuel Trosow
Articles, Book Chapters, & Popular Press
As a group of Canadian Intellectual Property Law scholars, we write regarding the Ministers’ recently launched consultation on extending the term of copyright protection in order to meet Canada’s CUSMA commitments. With this letter, which we jointly submit in response to the call for comments, we wish to express our shared concerns about both the proposed term extension and, more immediately, the inappropriately curtailed nature of this consultation process.
In The Name Of Public Health: Misoprostol And The New Criminalization Of Abortion In Brazil, Mariana Prandini Assis, Joanna Erdman
In The Name Of Public Health: Misoprostol And The New Criminalization Of Abortion In Brazil, Mariana Prandini Assis, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article explores the criminal regulation of misoprostol as a controlled drug in Brazil as a new form of abortion criminalization. A qualitative analysis of Brazilian case law shows how the courts use a public health rhetoric of unsafe abortion to criminalize the distribution of misoprostol in the informal sector. Rather than an invention of the local bench, this judicial rhetoric reflects global public health discourse and policy on unsafe abortion and the double life of misoprostol as both an essential medicine and a controlled drug. In contrast to previous studies, the article shows that abortion criminalization is not the …
An Abortion Law Preformed, Joanna Erdman
An Abortion Law Preformed, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article engages the transcribed testimony of Carolyn Egan and Janice Patricia Tripp in R v Morgentaler as a critical moment of lawmaking. There is something revealing, often amusing, and sometimes devastating, when a lawyer asks a non-lawyer, in this case, a social worker: “What is the law?” The article focuses on those moments in their testimony when Egan and Tripp answered questions about the 1969 abortion law that made the law itself, its rules and procedures, the subject of examination, and in doing so, constructed new meanings of the law and social action in relation to it in the …
Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie
Book Review: Amal Clooney & Philippa Webb, The Right To A Fair Trial In International Law (Oup, 2020), Robert Currie
Articles, Book Chapters, & Popular Press
Good lawyering, then, is required to maintain the fairness of trials, but good lawyering requires effective tools that can assist counsel in helping the contours of fairness be made apparent and cognizable before domestic courts. Translating international human rights law for the purposes of domestic application, in particular, is by no means an easy task, but this new text – The Right to a Fair Trial in International Law – provides lawyers with a formidable resource.
Transforming Restorative Justice, Jennifer Llewellyn
Transforming Restorative Justice, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
From the global pandemic to the Black Lives Matter, the Me Too/Times Up and Indigenous reconciliation and decolonisation movements, the systemic and structural failures of current social institutions around the world have all been brought to our collective consciousness in poignant, painful and urgent ways. The need for fundamental social and systemic transformation is clear. This challenge is central to the work of dealing with the past in countries undergoing transition and in established democracies confronting deep structural inequalities and injustices. Rooted in lessons from the application of restorative justice across these contexts, this article suggests that grounding restorative justice …
Introduction: Disciplining Judges – Exercising Statecraft, Richard Devlin, Sheila Wildeman
Introduction: Disciplining Judges – Exercising Statecraft, Richard Devlin, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
The jurisdictions examined are Australia, Canada, China, Croatia, England and Wales, India, Italy, Japan, the Netherlands, Nigeria, Poland, South Africa, and the United States. The core findings are four-fold. First, the norms and practices …
The Non-Lawyer Attorney General- Problems And Solutions, Andrew Flavelle Martin
The Non-Lawyer Attorney General- Problems And Solutions, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
In this article, I provide a legal and policy analysis of the non-lawyer Attorney General and recommendations for legislative change. I begin in Part 1 by setting out and assessing Askin and its uptake in the case law and literature. I demonstrate that while the decision in Askin has two major weaknesses, the reasoning is presumably applicable across the country.7 In Part 2, I examine the legal consequences of Askin and its policy or practical consequences. I argue that it threatens the government’s solicitor-client privilege and that it leaves the non-lawyer Attorney General unconstrained by the law of lawyering more …
The Duty Of Legislative Counsel As Guardians Of The Statute Book: Sui Generis Or A Professional Duty Of Lawyers?, Andrew Flavelle Martin
The Duty Of Legislative Counsel As Guardians Of The Statute Book: Sui Generis Or A Professional Duty Of Lawyers?, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Legislative counsel—those who draft legislation for the executive or for legislative assemblies—are largely overlooked in the Canadian legal literature and case law. One respect in which legislative counsel appear to be unique is their duty as guardians or keepers of the statute book. This article argues that this Guardian duty is best understood as a professional duty of legislative counsel as lawyers. In the same way that all lawyers have professional duties as officers of the court, though these duties are most relevant to litigators, all lawyers have professional duties as officers of the statute book, though these duties are …