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A Right of Peoples and Individuals to International Solidarity? Analyzing its Suitability, Provenance, Character and Orientation
No full textThis chapter discusses the suitability of the proposed “right of individuals and peoples to international solidarity” as a human right. They argue that the “human right-ness” of a claim to that status has always been socio-politically contingent and has never been conceptually a given. Hence, they suggest that the criteria set by the current orthodoxy ought not by itself determine the fate of the proposed right’s claim to human right-ness. They argue that the proposed right is neither inherently unsuitable as a human right nor so excessively vague as to be disqualified. It is also not incapable of garnering widespread global acceptance. The chapter then shows that the proposed right can pass Alston’s procedural test for the control of the quality of candidates for the conferment of the status of rights. Lastly, the chapter argues that although the status of the proposed right is currently less certain than the fundamental principle of international law upon which it is grounded, it is not totally without roots in already existing international human rights law provisions (both at the global and regional levels). Moreover, they suggest that its proposed content is reasonably decipherable, and its right-holders and duty-bearers are easily identifiable
Canada is Being Hypocritical by Failing to Support South Africa’s Genocide Case Against Israel
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Empowering Speech by Moderating It
Get PDFContent moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost in the discussion is the fact that victims of intimate privacy violations and cyberstalking typically-and regrettably-withdraw from on- and offline activities. Online assaults chase targeted individuals offline; they silence victims. Content moderation can secure opportunities for people to speak. Legal and corporate prohibitions against intimate privacy violations and cyberstalking can help provide the reassurance that victims need to stay online. They can endow individuals with a sense of trust so they continue to use networked technologies to express themselves. Those prohibitions are consonant with First Amendment doctrine and free speech values. Combating online abuse isn\u27t a zero-sum game with free speech as the loser. Rather, it can free us to speak by changing the culture that rewards abuse and encourages self-censorship
The Rise of Refundable Tax Credits: Implications for the Canada Disability Benefit
Get PDFBill C-22, while vague, sets its sights on poverty reduction and financial security for persons with disabilities by establishing a Canada Disability Benefit that will be delivered as a refundable tax credit along the lines of the Guaranteed Income Supplement and the Canada Child Benefit. This article reviews the evolution of tax credits in North America from income exemptions to non-refundable tax credits to the rise of refundable tax credits in the modern tax system. It offers lessons from existing refundable credits and corresponding discussions around a guaranteed basic income to inform the design of a Canada Disability Benefit that would contribute significantly to income security for persons with disabilities
Un-Democratizing the City? Unwritten Constitutional Principles and Ontario’sStrong Mayor Powers
Get PDFAs both governments and administrative bodies, municipalities are complicated legal entities under Canadian law. The result is a contradictory medley of legislation and case law that has tried to make sense of this dual role of cities. This complex characterization of municipalities was acutely felt in 2022, when the Province of Ontario introduced legislation that allowed some mayors to exercise power with a one-third vote of city council. I suggest that this legislation sought to frame municipal legal status more squarely to that of an administrative body rather than a government. This paper examines the backdrop to this legislative change, and options for municipalities and their citizens, including an action on the basis of the unwritten constitutional principle of democracy. I argue that municipalities must challenge these actions forcefully and directly by strongly asserting their status as democratic governments — not through the courts, but in their city council chambers
Foreign Owned Canadian Corporations
Get PDFCanadian income tax rules applicable to foreign owned Canadian corporations have become increasingly complex, in part owing to the implementation of recommendations of the OECD/G20 BEPS project to address the issue of base erosion and profit shifting. This paper considers these anti-avoidance rules, including the hybrid mismatch arrangement rules, excessive interest and financing expense limitation rules and various surplus stripping rules