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Implicating The System: Judicial Discourses in The Sentencing of Indigenous Women by Elspeth Kaiser- Derrick
Get PDFIn Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women, Elspeth Kaiser-Derrick critically engages with sentencing decisions involving Indigenous women and the application of Gladue reports during sentencing. With an impressive selection of pre-sentence reports and case law, Kaiser-Derrick examines how the histories of victimization are recorded and filtered through legal narratives
Conditional sentencing limits threaten reconciliation in Canada’s criminal justice system, advocates say
No full textMentioned/quoted: Sonia Lawrenc
Animal Rights Activism and the Constitution: Are Ag-Gag Laws Justifiable Limits?
Get PDFIt is a troubling time to be an animal rights activist in Canada. Recently, Alberta adopted legislation to create harsh penalties for trespassing onto private property, for obtaining permission to enter private property based on false pretences, and for interfering with vehicles on public highways. These laws relate to agricultural lands, to private property generally, and, where roads are concerned, to public property. Ontario has adopted similar legislation aimed specifically at agricultural property. The legislation in both provinces purports to protect the security of farmers, their families, and rural property owners generally, as well as the safety of the food system, by preventing contamination of farmed animals by trespassers and those who would interfere with farmed animals in transport
Between the Devil and the Deep Blue Sea—Towards Access to Justice for Local Communities in Investor-state Arbitration or Business and Human Rights Arbitration
Get PDFThis article focuses on the proposal to adapt international arbitration to business disputes involving human rights. The Business and Human Rights arbitration (BHR arbitration) proposal seeks to give local communities who are victims of multinational corporations’ human rights and environmental abuses access to justice in a specialized international BHR arbitration tribunal. Through a comparison between investor-state arbitration (ISA) and BHR arbitration, this article contends that it would be more efficient to reform ISA than to create a BHR arbitration tribunal. Reforming ISA would avoid the possible parallel arbitration systems that may arise from the duplication of international governance efforts. It would also reduce local communities’ need to resort to transnational litigation, which is procedurally complex and often unsuccessful. Therefore, the possibility of ISA reform makes the BHR arbitration proposal superfluous or, at best, limited in its potential application. Creating a new arbitral structure that is untested and fraught with procedural and substantive complexities may not be worth the trouble. Considering the parallels between the ISA and proposed BHR arbitration, and the prospect of creating a one-stop shop for business and human rights abuse, this article suggests that BHR arbitration is an unnecessary governance effort in international arbitration and a distraction from necessary ISA reform
A Comparative Perspective on International Commercial Courts: Jurisdiction, Applicable Law and Enforcement of Judgments
No full textAs the international business community and their legal advisors have become more sophisticated in choosing the fora for resolving their disputes, a number of ‘international’ courts have been established to compete with arbitration in the lucrative international dispute resolution market. This chapter examines the features of these courts that have been designed in response to the perceived strengths and deficits of national courts in relation to arbitration so as to maximise those strengths and reduce those deficits for courts and improve their competitive advantages for those in need of international commercial dispute resolution services
Indigenous Peoples’ Transboundary Claims, Access to Justice, and the Canadian Constitutional Structure: The Uashaunnuat Case
Get PDFThis article analyses the tightly split decision of the Supreme Court of Canada in Newfoundland and Labrador (Attorney General) v. Uashaunnuat (Innu of Uashat and of Mani-Utenam), in which the Court was tasked with determining whether the Superior Court of Quebec had jurisdiction to hear a claim of Aboriginal title and rights extending to lands situated in the province of Newfoundland and Labrador. It argues that behind the Supreme Court’s divergences regarding the interpretation and application of the Civil Code of Quebec’s rules pertaining to the jurisdiction of Quebec authorities, reside competing conceptions of the place of Indigenous peoples’ rights in relation to the Canadian constitutional order, including with respect to federalism. Part 2 maps out the different sets of constitutional principles that guided the majority and dissenting judges in the adjudication of the jurisdictional issues at stake. Part 3 then shows how the majority and minority judges’ chosen constitutional lens infused their respective approaches to the characterization of Aboriginal title and rights under the civil law categories of rights and legal actions. Finally, Part 4 concludes that the Uashaunnuat decision does not offer a comprehensive, predictable, and constitutionally sound solution for the adjudication of Indigenous peoples’ transboundary land claims. Looking forward, and building on potential solutions advanced by the dissenting judges and Indigenous interveners, the article proposes that there is room in the Canadian constitutional framework to provide for accessible and effıcient remedies for the adjudication of Indigenous transboundary claims while also respecting the Canadian federal structure and the principle of comity between provincial courts
Revisions to the G20/OECD Principles of Corporate Governance — Sustainability in Name Only
No full textHartazgo: Understanding how #YoTeCreo emerged in Venezuela
Get PDFThis thesis explores how digital feminist activism sparked, using as a case study #YoTeCreo movement in Venezuela. Using the FemMesh to connect feminists knowledges, nodes and entanglements together with a transnationalized intersectionality, I discuss how this digital activism occurred locally. As this topic is novel and this thesis is exploratory, I combine the theoretical framework mentioned before together with feminist qualitative methodology by interviewing the leaders of #YoTeCreo and answer my research question. I concluded that the spark of #YoTeCreo in Venezuela is a combination of different factors and it is not a transplantation of the #MeToo movement from North to South. Even though the #MeToo was a reference to #YoTeCreo, the cross-border movements of ideas, persons, and places; the role of media and entertainment; the role of migrant women; the feeling of hartazgo, a sense of empathy, and sorority were important and entangled factors linked to the spark of this movement
Accepting the Unacceptable: Trinity Western University, Religious Freedom, and the Meaning of Liberal Constitutionalism
Get PDFThis thesis proposes an answer to the question of when, and under what conditions, a state operating within the framework of liberal constitutionalism may legitimately condition receipt of public benefits on the recipient\u27s conformity with liberal values—a question that is implicitly asked, but never directly answered, by the decision of the Supreme Court of Canada in Law Society of British Columbia v Trinity Western University. How this question is answered has significant implications for the law of religious freedom in Canada. This thesis posits a conceptual distinction between two types of public benefit: public licences and public mandates. This distinction is animated by the principles of 1) tolerance and 2) respect for individual self-actualisation, which together form the core of liberal constitutionalism. This thesis argues that only access to public mandates may be made contingent on conformity with liberal values