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2022

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Full-Text Articles in Law

Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur Dec 2022

Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur

Electronic Thesis and Dissertation Repository

Very few survivors of sexual violence choose to engage the Canadian criminal justice system despite the fact that we expect law to be an effective tool to combat sexual violence. Since the vast majority of sexual violence survivors are female, the criminal justice system is failing women. This failure is largely because of the harm it causes by re-victimizing sexual assault complainants. Much of that harm arises from misunderstandings about trauma and from the existence of rape myths and gender stereotypes.. I argue that the criminal justice system’s treatment of female sexual violence complainants violates their section 7 and 15 …


Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes Sep 2022

Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes

Master of Laws Research Papers Repository

Following the introduction of the Safe Streets and Communities Act, mandatory minimum penalties (MMPs) were greatly expanded in Canadian criminal law. This expansion has been controversial, particularly in the context of drug crime. Through the lens of proposed legislation, Bill C-5, this paper presents the arguments both for and against the use of MMPs in the Controlled Drugs and Substances Act, with a particular focus on their potential to produce cruel and unusual punishment. Ultimately, this paper argues that, on account of their many downfalls, MMPs should have no place in Canadian drug law.


Regulatory Capture Of Self-Regulatory Organizations (Sros) In Canada: Do Sros Serve Public Or Industry Interests?, Oluwadamilola Adesanya, Western University Sep 2022

Regulatory Capture Of Self-Regulatory Organizations (Sros) In Canada: Do Sros Serve Public Or Industry Interests?, Oluwadamilola Adesanya, Western University

Master of Laws Research Papers Repository

The Canadian securities industry relies heavily on self-regulation, with two self-regulatory organizations (SROs), the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA) regulating the industry. The former regulates all investment dealers and trading on Canada's debt and equities markets, while the latter governs domestic distributors of mutual funds, except fixed-income products. As expected in an SRO model of regulation, the structure of both IIROC and the MFDA presents a risk that industry members may influence or capture its operations, advancing industry interests at the cost of its public interest mandate.

This Article …


Project Khepri: Asteroid Mining Project. Final Policy Report, Aaron Groh, Brieanna Miklaucic, Valerie Oosterveld, Elizabeth Steyn Aug 2022

Project Khepri: Asteroid Mining Project. Final Policy Report, Aaron Groh, Brieanna Miklaucic, Valerie Oosterveld, Elizabeth Steyn

Institute for Earth and Space Exploration White Papers

Much like outer space, our legal system consists of many unknowns. This is especially true for new developments in emerging technologies, particularly those related to the exploration, exploitation, and utilization of space resources. The recently developed technical feasibility of space mining has advanced ahead of existing international space treaties. While certain articles of the major UN treaties can be interpreted to adapt to the utilization of space resources, most of these provisions were not originally designed to be applied to a space mining regime.

Keeping in mind this context, this paper sets out the current international law landscape, including the …


Project Khepri: Mining Asteroid Bennu For Water, Erika Frost, Gowtham Boyala, Adam Gremm, Ahmet Gungor, Amirhossein Taghipour, Massimo Biella, Jiawei "Jackson" Qiu, Athip Thirupathi Raj, Arjun Chhabra, Adam Gee, Saanjali Maharaj, Erin Richardson, Julia Empey, Haidar Ali Abdul-Nabi, Lindsay Richards, Ariyaan Talukder, Aaron Groh, Brie Miklaucic, Jd Carlson, Kristina Kim, Maverick Cue Aug 2022

Project Khepri: Mining Asteroid Bennu For Water, Erika Frost, Gowtham Boyala, Adam Gremm, Ahmet Gungor, Amirhossein Taghipour, Massimo Biella, Jiawei "Jackson" Qiu, Athip Thirupathi Raj, Arjun Chhabra, Adam Gee, Saanjali Maharaj, Erin Richardson, Julia Empey, Haidar Ali Abdul-Nabi, Lindsay Richards, Ariyaan Talukder, Aaron Groh, Brie Miklaucic, Jd Carlson, Kristina Kim, Maverick Cue

Undergraduate Student Research Internships Conference

Deep space asteroid mining presents the opportunity for the collection of critical resources required to establish a cis-lunar infrastructure. In specific, the Project Khepri team has focused on the collection of water from asteroid Bennu. This water has the potential to provide a source of clean-energy propellant as well as an essential consumable for humans or agriculture on crewed trips to the Moon or Mars. This would avoid the high costs of launching from Earth - making it a highly desirable element for the future of cis-lunar infrastructure. The OSIRIS-REx mission provided a complete survey of asteroid Bennu and is …


Legal Blog Post: Damage Awards For Wrongful Deaths Of Young Children, Nicole Voskuil Aug 2022

Legal Blog Post: Damage Awards For Wrongful Deaths Of Young Children, Nicole Voskuil

Undergraduate Student Research Internships Conference

No abstract provided.


Gbsv Resource Guide And Review For The University Of Western Ontario And Surrounding Area, Alyssa J. Madhani Aug 2022

Gbsv Resource Guide And Review For The University Of Western Ontario And Surrounding Area, Alyssa J. Madhani

Undergraduate Student Research Internships Conference

During the 2021-2022 academic year, gender-based violence and sexual assault became a major topic of discussion due to a number of troubling incidents throughout the year. One of the largest calls to action by the student body was for more resources and trainings. This paper compiles the resources and trainings that can be found on campus of the University of Western Ontario and in the surrounding areas into a cohesive list of major relevant sources. The goal of this paper is to amplify the many different programs already in place that can be added to the training cohorts or made …


Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski Aug 2022

Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski

Electronic Thesis and Dissertation Repository

Large scale mining projects generate highly variable outcomes. Proponents of mining cite benefits including job creation and revenue generation, while critics point to adverse social and economic impacts borne by mining-proximate communities. Community-based concerns about mining operations have raised ethical and social justice considerations relating to human-rights and consent. Community development agreements (CDAs) have emerged as an increasingly common tool to address such concerns and facilitate the delivery of tangible benefits from mining operations to affected communities. The effectiveness of CDAs, however, varies widely depending on the negotiated provisions and their implementation. This work contributes to the understanding of CDAs …


Mapping Governmental Engagement With Community Engaged Learning In Canadian Higher Education: An Environmental Scan Of Key Trends, Hannah R. Argiloff Aug 2022

Mapping Governmental Engagement With Community Engaged Learning In Canadian Higher Education: An Environmental Scan Of Key Trends, Hannah R. Argiloff

Undergraduate Student Research Internships Conference

This is an environmental survey my supervisor and I conducted pertaining to the landscape of government engagement with Community Engaged Learning in Canadian Universities.

Community Engaged Learning (CEL) is a valuable type of experiential learning characterized by collaboration between student and community partner/ stakeholder for the creation of a mutual outcome.

Given the relations between provincial governments and their influence over publicly funded universities, compounded by a recent uptick in CEL programs across Canada, we wanted to survey government rhetoric, policy, and legislation across the country to create a picture of the interactions between provincial governments and CEL in the …


Menstrual And Fertility Tracking Apps And The Post Roe V. Wade Era, Samantha T. Campanella Aug 2022

Menstrual And Fertility Tracking Apps And The Post Roe V. Wade Era, Samantha T. Campanella

Undergraduate Student Research Internships Conference

In the first section of the paper, I will place current conversations about data privacy within the broader context of restrictions that have been placed on reproductive rights by examining historical trajectories. Emphasis will be placed on the historical trajectory of how past policies and ideologies have worked against Roe v. Wade, and how this trajectory contributes to a decrease in access to abortions. In addition, recent news stories have documented the overturning of Roe v. Wade in several jurisdictions within the United States, which confirms the criminalization of abortion. In light of this, experts have raised awareness about the …


Developing An Advanced Intellectual Property Curriculum, Emily R. Lynch Aug 2022

Developing An Advanced Intellectual Property Curriculum, Emily R. Lynch

Undergraduate Student Research Internships Conference

The Faculty of Law at Western University is leading a group of industry partners and academic institutions to develop a free, self-paced, online IP curriculum consisting of case studies and practical examples from companies in three main areas: artificial intelligence, automotive, and medical technologies. The curriculum will provide training on generating, protecting, commercializing, and leveraging intangible assets in the knowledge-based economy.


Contract Law Casebook Research Spreadsheet, Raza M. Husnain Aug 2022

Contract Law Casebook Research Spreadsheet, Raza M. Husnain

Undergraduate Student Research Internships Conference

This is a spreadsheet with case law and legal articles & commentaries that pertain to updates, interesting discussions, and critiques of Canadian contract law since 2017. This was done for the purpose of updating the Cases and Materials on Contract Law casebook used for first-year Western Law students. The focus of the research is on the Canadian context, but international sources, particularly those from commonwealth nations, are drawn from as well.


A Qualitative Look Into Repair Practices, Jumana Labib Aug 2022

A Qualitative Look Into Repair Practices, Jumana Labib

Undergraduate Student Research Internships Conference

This research poster is based on a working research paper which moves beyond the traditional scope of repair and examines the Right to Repair movement from a smaller, more personal lens by detailing the 6 categorical impediments as dubbed by Dr. Alissa Centivany (design, law, economic/business strategy, material asymmetry, informational asymmetry, and social impediments) have continuously inhibited repair and affected repair practices, which has consequently had larger implications (environmental, economic, social, etc.) on ourselves, our objects, and our world. The poster builds upon my research from last year (see "The Right to Repair: (Re)building a better future"), this time pulling …


Parental Alienation Syndrome Memo, Alexander Winter Aug 2022

Parental Alienation Syndrome Memo, Alexander Winter

Undergraduate Student Research Internships Conference

No abstract provided.


Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic Jun 2022

Reputation As The Key Link Amongst Moral Rights, Prohibited Marks, And Geographical Indications, Darinka Tomic

Electronic Thesis and Dissertation Repository

Moral rights, prohibited marks, and geographical indications (GI) appear in Canadian intellectual property (IP) statutes and international IP instruments – but do not mirror the characteristics of the classic IP triad (patents, copyrights, and trademarks). The classic triad are alienable (tradeable, licensable, able to be transferred away by their owners). Moral rights, prohibited marks, and GI are inalienable (not able to be transferred to others by the persons entitled to them) and thus distinguishable from classic IP. This research demonstrates another characteristic setting moral rights, prohibited marks, and GI apart from classic IP: a common preoccupation with reputation or esteem. …


Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik Apr 2022

Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik

Electronic Thesis and Dissertation Repository

American scholar, Mark Bartholomew, predicted in 2018 that a new kind of neuroscientific evidence would help businesses involved in lawsuits connect their trademarks with the public’s perception of their trademarks. Bartholomew coined the term "neuromarks’ for this evidence. Bartholomew focused on U.S. trademark law. This research demonstrates, looking at both Canada’s domestic law and Canada’s relevant international treaties and trade agreements, that such evidence has not yet been used (in 2022) in trademark litigation in Canadian courts or tribunals but that there appears to be no legal barrier to its use in future in Canada. This research notes that neuroscience …


Meaning Of Accountability Under Section 72 Of The Youth Criminal Justice Act, Brenda Kobayashi Mar 2022

Meaning Of Accountability Under Section 72 Of The Youth Criminal Justice Act, Brenda Kobayashi

Electronic Thesis and Dissertation Repository

This study examined judicial decisions, post the 2012 amendments, to determine what drives the accountability analysis under section 72(1)(b). I asked if accountability was equated to retribution as reasoned by the Ontario Court of Appeal, in R v AO? Additionally, has the introduction of specific deterrence and denunciation, under section 38(2)(f) had an effect on the accountability analysis? The qualitative results revealed three sets of cases. In each set weight was given to retribution in the accountability analysis. In some cases, retribution was given greater weight to the rehabilitative needs of the young person and in other cases the rehabilitative …


Better Solutions: A Comparative Analysis Of Long-Term Care Home Policies In Canada, China And Japan, Chaoran Wu Feb 2022

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 …


Indigenous Legal Orders In Canada - A Literature Review (Updated To August 2022), Michael Coyle Jan 2022

Indigenous Legal Orders In Canada - A Literature Review (Updated To August 2022), Michael Coyle

Law Publications

This is a literature review of publications concerning Indigenous legal orders in Canada, funded by a SSHRC knowledge synthesis grant. This is an update to my 2017 report of the same name.

The suppression of Indigenous legal orders was an integral part of the colonial project to assimilate Indigenous peoples, a project exemplified by Canada’s now notorious experiment with Indian Residential Schools. Long marginalized by the Canadian state, the importance of Aboriginal peoples’ own legal systems has recently been recognized by the Supreme Court of Canada, by academics (including prominent Indigenous scholars) and the Truth and Reconciliation Commission, who all …


Bankruptcy And Insolvency As An Expanding Field: An Historical Analysis Of Reference Re Debt Adjustment Act, 1937 (Alta.), Virginia Torrie, Thomas G. W. Telfer Jan 2022

Bankruptcy And Insolvency As An Expanding Field: An Historical Analysis Of Reference Re Debt Adjustment Act, 1937 (Alta.), Virginia Torrie, Thomas G. W. Telfer

Law Publications

The drought of the early 1920s and the economic collapse of the 1930s caused unprecedented problems for farmers in Alberta. Low prices and poor markets caused farmers to become overindebted. Parliament’s response to the situation was the Farmers’ Creditors Arrangement Act, 1934 (“FCAA”), which was intended to create an alternative mechanism to bankruptcy through which farmers could negotiate debt compromises with their creditors. Parliament viewed the situation as a temporary issue, and the FCAA reflected this assumption. In contrast, the prairie provinces sought long-term debt adjustment legislation for farmers and other debtors affected by the Great Depression. In Alberta, two …