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Walking the Line: The Politics of Federalism and Environmental Change

This short paper looks at the Greenhouse Gas Pollution Pricing Act decision through a wider and more critical jurisprudential lens. In so doing, I demonstrate that the courts are no less political ... , one of the most pressing concerns on the contemporary political agenda is how to deal with the many challenges and serious ramifications of climate change. A major part of that is about what to do about

“Silly Anecdotes”: From White Baselines to White Juries in R. v. Chouhan

This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by ... expectations are reasonable?5 In my view, shifting those baselines froimmplicit to explicit enables a much better appreciation for the unavoidably political character of legal interpretation that can be obscured

“’Tis a rock—a crag—a cape? A cape? say rather a peninsula!” The SupremeCourt of Canada’s Revisitation of the National Concern Doctrine

the POGG’s National Concern Test” (2021) 55:1 Revue Juridique Thémis 103-135. 43 Peter Rinderle, “The Political Philosophy of European Subsidiarity” in Günter Walzenbach & Ralf Alleweld, edsV.,arieties ... national concern for fear of morphing vast social, political and economic questions into new permanent and exclusive heads of federal jurisdiction. In R. v. Crown Zellerbach, Le Dain J. had also concluded

The Right to Vote and Freedom of Expression in Political Process Cases Under the Charter

The Supreme Court of Canada’s political process cases cover a wide array of issues, including the right to vote, electoral redistricting, campaign finance and the regulation of political parties ... /iss1/5 Yasmin Dawood* * Canada Research Chair in Democracy, Constitutionalism, and Electoral Law, and Associate Professor, Faculty of Law and the Department of Political Science, University of Toronto

Judging Youth Time

whether a welfare-oriented philosophy should be the exclusive guiding principle in society’s response to juvenile offending. In true Canadian political fashion, then Minister of Justice Lucien Cardin struck ... and political considerations specific to section 15, particularly in the context of young people, inevitably formed part of the backgroun11d.Slippery slope concerns about constitutionalizing appellate

Does the Supreme Court of Canada Give a “Freak” About Disability Dignity?: TheInclusion Fallacy 25 Years After Eldridge

Philosophy, Politics, Policy and Law(Vancouver: University of British Columbia Press, 2006), a seminal Canadian treatise on critical disability theory in law. equality rights doctrine and discuss the ... , but rather is the byproduct of a collection of disadvantages manufactured by social norms and regulations, policies and practices and economic and political ac9toErss.ential to the social model is the

A Professional Comedian’s Fundamental Right to Publicly Bully a Child Becauseof His Disability? Scrutinizing Ward v. Quebec Human Rights CommissionThrough a Disability Lens

distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions ... ,isability Rights and Wrongs Revisited, 2d ed. (Abingdon-on-Thames, Oxon: Routledge, 2013), especially at 12-21; D. Pothier, D. Devlin & R. Devlin, Critical Disability Theory: Essays in Philosophy, Politics

Insulating the Church: Ethiopian Orthodox Tewahedo Church of Canada St. MaryCathedral v. Aga and the Suppression of Public Law in the Construction ofReligious Communities

Canada Human Rights Trust, the British Columbia Humanist Association, the Association for Reformed Political Action (“ARPA”) Canada, the Canadian Center for Christian Charities, the Evangelical Fellowship ... A group of interveners, namely the Association for Reformed Political Action Canada (“ARPA”), Canadian Center for Christian Charities, the Evangelical Fellowship of Canada and the Catholic Civil

The Language of International Human Rights Law as a Foundation for the Prevention, and Peaceful Resolution of Ethnic, and Political Conflicts in Bolivia

ethnic stereotypes regarding the supposed “superiority” of people of Spanish descent. This has created conditions of intense ethnic and political conflicts which have been resolved both by peaceful means ... Ethnic, and Political Conflicts in Bolivia, 32 Pace Int'l L. - Yuri Mantilla TABLE OF CONTENTS  Yuri Mantilla is Professor of Law at Liberty University School of Law. Professor Mantilla holds a Ph.D

Commercialization of Separated Human Body Parts - Unpacking Instrumentalization Approach

.) (discussing the close ties between the concept of impermissible instrumentalization and Kant’s philosophy); see, e.g., IMMANUEL KANT, THE METAPHYSICS OF MORALS 255 (Mary Gregor trans., Cambridge Univ. Press ... . (describing the role human dignity plays in a person’s political, social, and societal interests). 28 IMMANUEL KANT, supra note 9, at 255. 29 Id. 30 See generally Julia Müller & Christian Neuh. . .user

Political Litigation and the Role of the Court

is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works Citation Information http://digitalcommons.osgoode.yorku.ca/sclr/vol34/iss1/3 - Conference Article 3 Political

Extradition and the International Criminal Court: The Future of the Political Offense Doctrine

dilemma that has stumped nations for years. Although every nation has varying rules on extradition, one exception that many nations agree upon is the political offense doctrine. Generally, the political ... offense doctrine in extradition law is the refusal of one country to extradite an accused or convicted individual if that person was to be tried on a crime of political character. 2 Not only is the

B.C. Freedom of Information and Privacy Assn. v. British Columbia (Attorney General): Mandatory Registration Rules, and Limits on Third Party Political Expression under the Charter

The laws regulating political participation by third parties have long been constitutionally controversial in Canada. Third parties are generally understood to include all individuals, groups and

Chief Justice McLachlin and the Division of Powers

only deepens one’s admiration for her many important contributions to Canadian law. In that spirit, these notes provide a few comments on Chief Justice McLachlin’s judicial philosophy and her ... federalism jurisprudence fairly reflects her self-described judicial philosophy as being scrupulously non-partisan and impartial. I will further suggest that her contributions to the doctrines of legal

Climate Change Class Actions in Canada

“reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large”. ... made to the political branches or to the electorate at la6rge”. The majority decision was rife with ironies and pyrrhic victories. The panel agreed that the federal government had increased carbon

Political Risk Insurance and Breach of Contract Coverage: How the Intervention of Domestic Courts May Prevent Investors from Claiming Insurance

University Law Center in May 2005. She is currently an associate at Posse, Herrera & Ruiz Abogados in Bogota, Colombia. Her practice focuses on corporate and commercial law. I. INTRODUCTION Political risk is

From Well-Side Meetings to Pelican Strategy: A Context-Based Approach to Combat Corruption

Contracts Theory (“ISCT”) gives the moral argument against corruption that bribery violates the hypernorm of necessary social efficiency by undermining the fundamental right to political participation and ... Political Development: A Cost-Benefit Analysis, 61 AM. POL. SCI. REV. 417, 419 (Jun. 1967). 23 Helping Countries Combat Corruption: The Role of the World Bank, WRLD. BANK GRP., http://www1.worldbank.org

Falling Stars and Sinking Ships: How Article VII of the Outer Space Treaty Needs Maritime Law

towards military, science, and political questions). 31 See id. (indicating a lack of recognition on the management of commercial activity and actors in space). 32 See id. (explaining the reasons for the ... -incentives (presenting the philosophy that in order for workers to prioritize safety, they need to have an incentive to do so). 204 See Pro and Cons: Offering Employment Benefits , FINDLAW (Jan. 17, 2018

Federalism: Necessary Legal Foundation for the Central Middle Eastern States

regional conflict and instability. Conflict and instability have been constants in the region in general and certainly in the listed five states. The issues include political instability, terrorism ... . Israel has had strife with all the four neighboring peoples and states. Meanwhile, political instability either reigns or undermines each of these neighboring states. This article does not attempt to argue

Whose Right is it Anyway? Adjudicating Charter Rights in the Context of Multiple Rights Holders

(Princeton, NJ: Princeton University Press, 2009); Arthur Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy (Cambridge, MA: Harvard University Press, 2009). necessary to secure the autonomy ... claims of practical necessity of entering a state for the purposes of coordination proposed by Locke and Hobbes); Arthur Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy (Cambridge, MA