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Articles 1 - 20 of 20
Full-Text Articles in Law
Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic
Elder Abuse In Canada: Dimensions And Policy Responses, Taylor Marekovic
Major Papers
Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in …
Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss
Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss
Undergraduate Honors Theses
Americans spent $11.4 billion in their last federal election cycle but collectively, the United Kingdom and Canada only spent a little over $550 million in their last general elections. These three states have similarities in democratic governance, economic legacy, and common law legal system grouping but how did they become so separated in campaign finance regulations? Prior research in the field of international comparative campaign finance law is limited and primarily focuses on using political theories to describe the movement of laws toward deregulation or regulation. This research seeks to find what influences the creation, preservation, and deregulation of campaign …
Better Solutions: A Comparative Analysis Of Long-Term Care Home Policies In Canada, China And Japan, Chaoran Wu
Better Solutions: A Comparative Analysis Of Long-Term Care Home Policies In Canada, China And Japan, Chaoran Wu
Electronic Thesis and Dissertation Repository
Failures of long-term care (LTC) policies caused undesirable negative outcomes for Canadian long term care residents during the COVID-19 pandemic. The purpose of this study was to explore similarities and differences in LTC policies between Ontario (Canada, Ontario), China, and Japan and identify potentially beneficial ideas for policy improvement in all countries. An adapted framework for comparing health care systems guided data collection. Information about four major policy areas: regulation, service provision, PSW workforce, and financial policies was extracted from LTC policy documents, government reports, and research articles. Data was described and compared for similarities and differences. Findings show that …
International Humanitarian Law And Artificial Intelligence: A Canadian Perspective, Mahshid Talebian Kiaklayeh
International Humanitarian Law And Artificial Intelligence: A Canadian Perspective, Mahshid Talebian Kiaklayeh
Electronic Theses and Dissertations
Artificial Intelligence (AI) is one of the most remarkable achievements in the technology world. AI can be used dually by both civilians and combatants, serving with both beneficial and harmful aims. In the military realm, by empowering military systems to perform most warfare tasks without human involvement, AI developments have changed the capacity of militaries to conduct complex operations with heightened legal implications. Accordingly, it is vital to consider the consequences emanating from its use in military operations. International Humanitarian Law (IHL), also known as the laws of war, or the Law of Armed Conflict (LOAC), is a set of …
Fifth-Dimensional Warfare And National Security In Canada: Situating Microdeviation Theory Within C-59: An Act Respecting National Security Matters, Hayden Slight
Theses and Dissertations (Comprehensive)
In an era of rapid technological change, the growing threat environment in the cyber dimension will continue to influence how a sovereign nation contends with attacks that can occur from any corner of the world. The growing adaptation and expansion of technology belonging to the Internet of Things (IoT) and the increasing prevalence of social media (Facebook, Twitter) has also influenced the spreading of attack surfaces that can become victim to exploitation by motivated parties including foreign states and terrorist groups. Against this backdrop, Canada’s own efforts to modernize and reinforce its own national security agencies resulted in the developing …
'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino
'Indirect Pathways Into Practice': Philippine Internationally Educated Nurses And Their Entry Into Ontario's Nursing Profession, Lualhati Marcelino
Theses and Dissertations (Comprehensive)
While there are several studies that highlight the quantitative and statistical profiles of internationally educated nurses (IENs) from the Philippines who migrate to countries throughout Asia, the Middle East, Europe, the United States and Canada, there is little research that delves deeply into the qualitative review and analysis of their experiences in their own words. This study addresses that gap by applying the transnational feminist concept of “global care chains” in a single case study design that explores the experience of nurses who migrated to Ontario through permanent and temporary immigration streams and were interviewed in 2011 to 2012 to …
Cannabis For Therapeutic Purposes: Older Adult Perspectives, User Characteristics And Motivations For Use, Lean Fiedeldey
Cannabis For Therapeutic Purposes: Older Adult Perspectives, User Characteristics And Motivations For Use, Lean Fiedeldey
Electronic Thesis and Dissertation Repository
Use of cannabis among adults 55 years of age and older is increasing. In Q4 of 2018, slightly over half of cannabis users used for therapeutic purposes at least once, where many reported using for both medical and non-medical reasons (mixed use). Research on older adults regarding the use of Cannabis for Therapeutic Purposes (CTP) is fragmented and there are no comprehensive or in-depth studies on their perceptions or self-reported motivations. Understanding in these areas is important to inform policy that takes the protection of public health and safety as central aims. Does policy affect one of, if not both, …
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
Lest Law Forget: Locke's Toleration And Religious Freedom, Stephen Holt
LLM Theses
The Canadian Charter of Rights and Freedoms guarantees every person in Canada freedom of conscience and religion. I contend that the concept of religious freedom was born out of a history of religious suffering and originally took the form of John Locke’s toleration of religious differences. In Big M, the first Supreme Court of Canada case that interpreted s. 2(a), Chief Justice Dickson recognized the historical context of religious freedom but also tied it to human autonomy, equality, and dignity. An examination of the cases since Big M suggests that when courts think in terms of tolerance, they accord greater …
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei
Master of Laws Research Papers Repository
Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …
Improving The Criminal Justice System In Nigeria Through Restorative Justice: Lessons From Canada And New Zealand, Olaniran Akintunde
Improving The Criminal Justice System In Nigeria Through Restorative Justice: Lessons From Canada And New Zealand, Olaniran Akintunde
LLM Theses
This thesis argues the need for Nigeria to incorporate restorative justice within its criminal justice system. Its prevailing adversarial system is bedevilled with various challenges such as over- incarceration, recidivism, high rates of juvenile crime and prison congestion. The work draws lessons from Canada and New Zealand, two jurisdictions that have made improvements to similar systems like Nigeria via the adoption and practice of restorative justice. The advantages that a restorative justice alternative bring to criminal justice administration in Nigeria include less use of incarceration, improvement in social relationships, rehabilitation and the reintegration of young offenders. The thesis recommends that …
Cold Careers And Occupational Hazards: The Occupational Preferences Of Canadian Serial Killers, Christina E. Ledezma
Cold Careers And Occupational Hazards: The Occupational Preferences Of Canadian Serial Killers, Christina E. Ledezma
Masters Theses
Serial killing is a dark and complex phenomenon. As researchers have begun to recognize that serial killing exists and interacts within a broad modern context, how these factors affect its occurrence has received more attention. This includes serial killers’ occupational preferences and the influence that occupations have on their offending. However, studies on serial killers’ occupational preferences have been limited to the United States and the United Kingdom. This thesis sought to classify the occupational preferences of 36 Canadian serial killers and subsequently analyze how these occupations may have influenced their offending, both instrumentally and psychologically. According to Canada’s 2016 …
Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez
Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez
Electronic Thesis and Dissertation Repository
The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both …
Environmental Impact Assessment For Oil And Gas Projects: A Comparative Evaluation Of Canadian And Nigerian Laws, Omolola Anuoluwapo Fasina
Environmental Impact Assessment For Oil And Gas Projects: A Comparative Evaluation Of Canadian And Nigerian Laws, Omolola Anuoluwapo Fasina
Electronic Thesis and Dissertation Repository
Environmental Impact Assessment (EIA) is a tool mandated by regulatory authorities to prevent environmental degradation and foster a sustainable environment. Procedural rights to access information and participate in decision-making are understood as key components of good environmental governance. This research compares the EIA laws in Nigeria and Canada and identifies areas of improvement in the EIA processes of both countries with regards to oil and gas activities, in light of existing international norms and, with a focus on public participation and climate change.
The research reveals that Canada, a developed country, has a more rigorous and effective public participation process …
Professional Discretion And The Law: Impact Of Actuaries On The Underfunding And Decline Of Private Sector Single Employer Defined Benefit Pensions In Canada: How Many "Post Nortel" Pension Fiascos Are Brewing In Canada?, Paul Charles Walker
LLM Theses
Considering that private sector single employer defined benefit pension plans must be fully funded by law, the legal issue emanating from their systemic underfunding is whether or not actuaries have been using their discretion in a manner which is within a reasonable interpretation of the margin of manoeuvre contemplated by the legislature, in accordance with the principles of the rule of law. This thesis discusses the merits of potential legal remedies to arrest the underfunding and decline in the number of private sector single employer defined benefit pensions in Canada, including the introduction of single employer target benefit plans, increasing …
The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt
The Failure Of The Canadian Human Rights Regime To Provide Remedies For Indigenous Peoples: Enough Time Has Passed, Jeffery Gordon Hewitt
LLM Theses
In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, a multi-fold increase has occurred in the number of complaints filed with the Human Rights Commission of Canada from dozens to hundreds. The first such significant complaint to be heard by the Canadian Human Rights Tribunal was filed by the First Nation Child and Family Caring Society along with the Assembly of First Nations (the Complaint). The Complaint alleges Canada's funding with respect to First Nation …
The Globalization Of Crime Control: The Use Of Non-Criminal Justice Responses For Countering Organized Crime, Bjarni Halldor Sigursteinsson
The Globalization Of Crime Control: The Use Of Non-Criminal Justice Responses For Countering Organized Crime, Bjarni Halldor Sigursteinsson
LLM Theses
This thesis examines domestic authorities’ use of non-criminal justice responses to counter organized crime. Examples of responses used to counter outlaw motorcycle gangs in Canada, Germany, and Iceland are provided. These responses are significantly different from most international efforts focusing on criminal norms and cooperation in criminal matters.
As harmonization of legislation, policies and practices in this field become an international focus, I examine the role currently played by the European Union in promoting these non-criminal justice 'alternative' enforcement strategies for the purpose of furthering the development of international and domestic efforts to counter organized crime.
This study concludes that …
A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.
A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.
Theses and Dissertations (Comprehensive)
This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …
Caught In The Immigration Cross-Fire: The Changing Dynamics Of Congressional Support For Skilled Worker Visas, Maryam Tanhaee Stevenson
Caught In The Immigration Cross-Fire: The Changing Dynamics Of Congressional Support For Skilled Worker Visas, Maryam Tanhaee Stevenson
UNLV Theses, Dissertations, Professional Papers, and Capstones
This project examines the congressional politics associated with legislation on skilled foreign workers, specifically the H-1B visa which was created by the Immigration Act of 1990. It attempts to explain why legislative policies were successful on a small scale between 1998 and 2004 and completely unsuccessful after 2004.
Specifically, this study is a longitudinal qualitative analysis that uses Krehbiel's pivotal politics model (1998), Cox and McCubbins' party politics models (2005; 2007), Sinclair's (2007) unorthodox lawmaking theory, and Gilmour's (1995) strategic disagreement model to explain four key periods of H-1B legislation: (1) the passage of the Immigration Act of 1990; (2) …
Communicating Crimes: Covering Gangs In Contemporary Canadian Journalism, Chris Richardson
Communicating Crimes: Covering Gangs In Contemporary Canadian Journalism, Chris Richardson
Electronic Thesis and Dissertation Repository
In this integrated-article dissertation, I examine representations of gangs in Canadian journalism, focusing primarily on contemporary newspaper reporting. While the term “gang” often refers to violent groups of young urban males, it can also signify outlaw bikers, organized crime, terrorist cells, non-criminal social groups, and a wide array of other collectives. I build on Pierre Bourdieu’s theoretical framework to probe this ambiguity, seeking to provide context and critical assessments that will improve crime reporting and its reception. In the course of my work, I examine how popular films like West Side Story inform journalists’ descriptions of gangs. Though reporters have …
A Lingering Grudge In The Face Of A Power Transition; The French Canadian Movement In Perspective, Sergio Villarreal
A Lingering Grudge In The Face Of A Power Transition; The French Canadian Movement In Perspective, Sergio Villarreal
Open Access Theses & Dissertations
I hypothesize that an individual that has experienced a power transition, as measured by income, will be more likely to challenge the status quo than one that has not. The hypothesis is tested by relying on a mathematical probability model and is then corroborated through a qualitative analysis.
This analysis was accomplished by using a dataset that was collected in Québec during the time of the referendum; the final vote of each individual was contrasted with their relative income and dissatisfaction with the federation.
While income alone will not bring about a secessionist vote, the increase in the likelihood of …