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Full-Text Articles in Law

Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”, Darren Thomas Jan 2020

Transforming Relations: Anishnawbe Natural Law In The “Ring Of Fire”, Darren Thomas

Theses and Dissertations (Comprehensive)

This multiple manuscript dissertation project contributes to a larger case study research project examining Matawa First Nation experiences of negotiating a proposed mining project known as the “Ring of Fire.” Nine independent First Nations located in the Treaty 9 territory in Northern Ontario, comprise a collective regional organization called Matawa First Nations. These First Nations have a long history of living their Ancestral ways of trapping, fishing, and gathering from the lands. During the early 20th century, the southern Matawa communities began to have contacts with forestry development, but a chromite deposit with an estimated value of 65 billion …


Free, Prior, And Informed Decision-Making About Proposed Development On Indigenous Territories In Northern Ontario, Courtney Arseneau Jan 2019

Free, Prior, And Informed Decision-Making About Proposed Development On Indigenous Territories In Northern Ontario, Courtney Arseneau

Theses and Dissertations (Comprehensive)

This case study examined the experiences of consultation and consent-seeking processes among nine Indigenous communities in northern Ontario that, individually and collectively, are faced with complex decisions to be made since the discovery of several significant mineral deposits on their traditional territories. In examining the processes involved in making informed development decisions, this dissertation addressed four key research questions: 1) What are the roles, processes, laws and rights frameworks that influence resource governance in the Matawa First Nations region? 2) How is free, prior, and informed decision-making described by people living and working in the Matawa First Nations region? 3) …


Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith Jan 2016

Holding Canada Accountable: An Evaluation Of Canada's Compliance To The United Nations Declaration On The Rights Of Indigenous Peoples, Jackson A. Smith

Theses and Dissertations (Comprehensive)

Compliance of human rights norms requires the application of pressure from a multitude of directions and levels. It takes individual advocacy, micro-system/organizational/community-level pressure, and macro-level pressure from other nation-states and international organizations and governance bodies. This MA study focuses on the mechanisms employed by the United Nations to monitor the compliance of signatory nation-states to the standards established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), with particular focus on Canada. A crucial goal of this study is to translate the UN Special Rapporteur on the Rights of Indigenous Peoples (UNSRRIP), James Anaya’s, findings on the …


Bill 13 (The Accepting Schools Act): Ontario Legislation Mandating Support For Lgbt Students In Publicly-Funded Schools, Renato M. Liboro Jr. Jan 2015

Bill 13 (The Accepting Schools Act): Ontario Legislation Mandating Support For Lgbt Students In Publicly-Funded Schools, Renato M. Liboro Jr.

Theses and Dissertations (Comprehensive)

Twenty-six key stakeholders from schools in Waterloo Region, Ontario, participated in semi-structured, open-ended interviews for this dissertation. They included students, teachers, school board representatives in administrator and superintendent roles, trustees, and community service providers. This study explored the experiences of lesbian, gay, bisexual, and transgender (LGBT) youth in publicly-funded schools, the effect of those experiences on their mental health and well-being, and the success of strategies, programs, and policies implemented by schools to address LGBT youth issues. It also examined the perspectives of participants on Bill 13, Ontario’s Accepting Schools Act, particularly strengths and weaknesses of the bill in terms …


School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis Jan 2015

School-Based Supports For Trans Youth In Ontario, Charlie E. C. Davis

Theses and Dissertations (Comprehensive)

Trans youth are some of the most marginalized youths in schools. In 2012, the Ontario Government passed two legislations, one of which was the Accepting Schools Act, strengthening supports for lesbian, gay, bisexual, transgender, or questioning (LGBTQ) students in schools. The other was Toby’s Act, an amendment to the Ontario Human Rights Code including protection from discrimination on the grounds of gender identity and gender expression. The purpose of this thesis is to examine how these two acts have created a political context supporting trans youth in schools. A comprehensive mixed-methods approach was used to examine provincial trends of trans-specific …


Juror Perceptions Of Eyewitness Identification Evidence, Timothy G. Wykes Jan 2014

Juror Perceptions Of Eyewitness Identification Evidence, Timothy G. Wykes

Theses and Dissertations (Comprehensive)

Jurors rely on eyewitness testimony in deciding a defendant’s guilt or innocence. Archival analyses of hundreds of post-conviction DNA exonerations have identified eyewitness misidentification as the highest individual factor contributing to wrongful convictions (Innocence Project, 2014). Internationally, criminal justice systems have employed procedural safeguards (PSs) to educate juries on factors affecting eyewitness identification accuracy. Two such safeguards include the introduction of eyewitness expert testimony during trial proceedings and the reading of cautionary instructions by a presiding judge. In an independent factorial design, this research sought to examine the effects of a model judicial caution drafted by the Ontario Judicial Council …