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The ECOWAS Court and Civil Society Activists in Nigeria: An Anatomy and Analysis of a Robust Symbiosis
No full textThis article focuses on, and attempts to explain, two key aspects of the relationship between the Community Court of Justice of the Economic Community of West African States or ECOWAS Court and Nigerian civil society activists or CSA s. It analyses the available evidence on the ways in which these CSA s have contributed – to the generation of this regional court’s impact on the executive, judicial and legislative branches of government in Nigeria as well as analyses the available evidence regarding the impact that the court – through a combination of its design, orientation and decisions – has in turn had on the conception and dramatisation of civil society activism in Nigeria. The article develops an analytical explanation for the emergence and sustenance of the robust symbiosis that is thus revealed between the Court and this specific but important national community of civil society activists
Towards Better Sharing of Cultural Heritage — An Agenda for Copyright Reform: A Creative Commons Policy Paper
No full textThis paper is intended to act as a pillar and reference point for CC’s advocacy work in copyright reform in the cultural heritage context, with a focus on issues arising in the digital environment. It may serve to support members of the CC community in their own advocacy efforts, guide policymakers in their legislative processes, and inform anyone interested in the policy issues gravitating around access and reuse of culture and cultural heritage. It will likely be adapted into a GLAM Guide for Policymakers and will be augmented with real-life examples, case studies and practical advice. It starts with an overview of copyright challenges to the legitimate activities of GLAMs, notably preservation (largely through digitization) and sharing of digital and digitized content images and data for access, use and reuse. It also notes copyright’s chilling effects in the face of the GLAM sector’s general risk aversion. The paper then offers insights towards effective copyright reform addressing those challenges, with a focus on the opportunities related to the digital environment. The proposals for reform aim to create legal certainty and international harmonization as well as to facilitate cross-border transactions. The paper encourages policymakers to recognize and support the pivotal roles of GLAMs in preserving and providing access to knowledge and culture to all members of society. It urges policymakers to engage with stakeholders to ensure there are clear, simple, and effective policies in place to support better sharing of cultural heritage in the public interest. The paper provides a high-level overview of the policy issues and, as a whole, it does not necessarily reflect the current situation in any specific jurisdiction
Best Practices for OER in Canada: A Fresh Look at Fair Dealing for Educational Use
No full textThis presentation was delivered online as part of an event held on 23 February 2022 as part of Fair Dealing Week 2022. This event was co-hosted by the Alberta Copyright Consortium (The University of Alberta, the University of Calgary, Mount Royal University and the Northern Alberta Institute of Technology) and the Lower Mainland Copyright Consortium (Capilano University, Douglas College, the Justice Institute of BC, Simon Fraser University, and the University of British Columbia), along with the participation of the Canadian Association of Research Libraries
Decolonizing Climate Research and Policy: making space to tell our own stories, in our own ways
No full textAs the climate crisis deepens, the discourse aimed at finding solutions continues to intensify. Increasingly, government agencies and world leaders are recognizing the critical importance of including Indigenous knowledge and perspectives in the development of sustainable responses. To date, however, opportunities for meaningful Indigenous engagement in the creation and development of climate solutions remain few and far between. Where such opportunities do exist, they are most often designed with the intention of trying to `incorporate\u27 limited elements of Indigenous thinking into an established non-Indigenous framework. This process of `Indigenizing\u27 mainstream initiatives achieves little if anything in the way of deconstructing the colonial world view that has caused the climate crisis in the first place. Actively decolonizing Canada\u27s and the world\u27s responses to climate change is absolutely necessary if global society is to achieve the `transformation\u27 of our economies and societies deemed essential for our survival by the United Nations Intergovernmental Panel on Climate Change (IPCC), among others. No longer can we afford to simply `tweak the system\u27 by slotting into mainstream processes those elements of Indigenous world view that seem to `fit\u27 most comfortably. If we continue to value the colonial system of neoliberalism and runaway capitalism over those proven sustainable paradigms wherein respect for all life is paramount, then no lasting solutions are possible. Instead, we need to `flip the script\u27, and start providing spaces wherein Indigenous thinking and world view provide the fundamental framework, and non-Indigenous ideas that align sufficiently with Indigenous principles may be incorporated as appropriate. This article recounts a panel discussion, hosted by Indigenous Climate Action, in which four influential Indigenous climate researchers, organizers and policy experts share their reflections on how climate research and policy can be actively decolonized. The panelists draw on their experiences to engage and encourage the audience, listeners, and readers to explore ways to decolonize their own perspectives and to support climate solutions inclusive of all People
The Negotiable Transport Document
Get PDFWith the emergence of a long-distance land-based trade, along with the expansion of a non-sea based multimodal trade, a demand arose for a negotiable transport document which is not limited to marine transport. A series of international conventions responded to such demand by providing for new types of negotiable transport documents. However, these conventions failed to accord to such documents the features of a document of title and to clarify their negotiable character. The task of overcoming this obstacle is hindered by the fragmentary nature of the law governing the marine bill of lading, which is the classic transport document serving as a document of title. Endeavouring to clarify and rationalise that law and using English law as a basis for the investigation, this article critically discusses the negotiability and legal nature of transferable transport documents with a view to providing a cohesive, harmonised legal framework to govern them and form the basis for a subsequent adaptation to apply to electronic transport records
A Gesture of Criminal Law: Jews and the Criminalization of Hate Speech in Canada
Get PDFIn June 2020, the fiftieth anniversary of the criminalization of hate speech in Canada passed with little notice. Since their enactment in 1970, the hate-speech provisions in the Criminal Code have seldomly been enforced. They are commonly viewed as ineffective. In light of this half-century of experience, it is beneficial to re-examine the history of the criminalization of hate speech for lessons this story may hold. This article does so by exploring the genesis of the legislation from the perspective of the Canadian Jewish community. It focuses on the Jewish community because Canadian Jewry—especially the Canadian Jewish Congress—was the primary driver behind the bill. Accordingly, a focus on the Jewish community is essential to understanding why hate speech was criminalized, how the language of the provisions was decided upon, and why they are infrequently invoked. Commentators have acknowledged Jewish efforts, but the singular contribution of Canada’s Jews has not received full attention. This article fills this gap. Relying extensively on archival research and oral history, this article’s central claim is that the main goal of the legislation was not to prosecute hatemongers. Rather, its purpose was predominantly symbolic: to enshrine equality principles in the criminal law and to send the message that Canada was a multicultural and tolerant society. In fact, Congress leadership long resisted this type of legislation and came to support a group libel provision only under intense pressure from its community grassroots, especially Holocaust survivors, who demanded a forceful response to rising neo-Nazism. However, Congress and other advocates of the bill were focused on the symbolism of getting the legislation passed and were unconcerned with how it would later be used. In doing so, they ignored the vigorous protests of Holocaust survivors who accurately predicted that the law would be difficult to implement. At bottom, this is a tale of the risks and potential benefits of the symbolic use of the criminal law
Far Beyond Baker: Heuristics and the Inadequacy of the Reasonable Apprehension of Bias Analysis
Get PDFWhen we consider bias in an adjudicative setting, we think about cases such as Baker v. Canada where the interviewing officer’s emphasis on the applicant’s number of children, economic status, and mental health is glaring. It is easy to become accustomed to thinking about bias in clear examples such as prejudice against people of a disadvantaged group. However, bias can also be subtly present in the subconscious mind, even when a person appears to be acting objectively. The development of cognitive psychology research has revealed that the mind relies on heuristics, or mental shortcuts, to make quick decisions. Heuristics research divides the mind into two systems of operation: The first operates automatically, while the second operates methodically. Heuristics are a function of the former and are consequently difficult to clearly observe and readily identify. Subconscious reliance on heuristics when approaching tasks that demand objectivity can result in decisions that are unintentionally guided by bias, rather than evidence.
A reasonable apprehension of bias (RAB) claim is advanced when a party suspects bias on the part of an adjudicator. The question is whether an informed reasonable person would reasonably perceive bias on the part of the adjudicator. The onus is not to prove bias, but merely an appearance of bias. The test is an appeal to the maxim that justice must not only be done but should be seen to be done. The analysis is designed to protect not only the parties but also the public perception of the legal system. In this sense, the RAB test is overinclusive. Conversely, consideration of the RAB test, in light of cognitive biases and heuristic reasoning, reveals that the test is also underinclusive. The driving force behind the RAB analysis appears to be that justice must be seen to be done. Neither the informed reasonable person’s knowledge of the law nor the community can help discover veiled or subtle cognitive biases. We are left with a conundrum: The original premise that justice must be done may be violated covertly without triggering the prevailing test for a RAB, leaving an unintentional blind spot.
In order to address the shortcomings of the RAB analysis, I propose the implementation of preventative measures to decrease adjudicators’ vulnerability to cognitive biases. These measures can be established by increasing adjudicators’ understanding of heuristics and counteracting potential intuitive predispositions. Development of remedial measures should consider scarce judicial and adjudicative resources
