Western Journal of Legal Studies最新文献

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Status Quo Sorrows: The Failures of Energy Project Consultations and Reconciliatory Paths Forward 现状的悲哀:能源项目磋商的失败与协调的前进道路
Western Journal of Legal Studies Pub Date : 2021-10-26 DOI: 10.5206/uwojls.v12i1.13620
O. Rozen
{"title":"Status Quo Sorrows: The Failures of Energy Project Consultations and Reconciliatory Paths Forward","authors":"O. Rozen","doi":"10.5206/uwojls.v12i1.13620","DOIUrl":"https://doi.org/10.5206/uwojls.v12i1.13620","url":null,"abstract":"Canada’s prevailing Aboriginal consultation regime for major energy projects is not working. Indeed, Indigenous peoples, industry proponents, and the Crown have all expressed increasing frustration and dismay at the uncertainty and acrimony that a legal regime intended to facilitate reconciliation between Canada and Indigenous peoples has counterproductively generated. In this paper, I describe the underlying principles of a process-oriented reconciliation that animate the Court’s jurisprudence on section 35 of the Constitution Act, 1982. I then identify the failures in effectively translating these principles to the major energy context, focusing in particular on the harms generated by the lack of accountability and transparency of the National Energy Board/Canada Energy Regulator administrative scheme. I finally consider two alternatives or additions to contemporary resource project consultations – namely, Impact and Benefit Agreements (IBAs) and a proposed Indigenous veto – finding that an Indigenous veto may be an especially effective means of introducing greater equity, fairness, and certainty to major energy project development in Canada, to the benefit of all relevant stakeholders.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46663019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
School Nurses: An Indispensable Resource for Health Promotion in Ontario's Children and Adolescents 学校护士:安大略省儿童和青少年健康促进不可或缺的资源
Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8075
D. Mroczkowska
{"title":"School Nurses: An Indispensable Resource for Health Promotion in Ontario's Children and Adolescents","authors":"D. Mroczkowska","doi":"10.5206/UWOJLS.V9I2.8075","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I2.8075","url":null,"abstract":"School nurses play an important role in the promotion of physical, mental, and social health, as well as the prevention of disease and injury in school-aged children. Promotion of health is also a central goal of the Ontario government, and is codified in the Health Protection and Promotion Act (HPPA). Part I of this paper demonstrates that a reasonable interpretation of the HPPA supports the implementation of a robust school nurse program that can meet the health needs of children. Part II explores the shortcomings of current school health programs in Ontario and provides policy reasons that support a comprehensive school nurse program.  Part III identifies logistical barriers to the implementation of a school nurse program that need to be overcome in order to plan and provide adequate school nurse programs. A significant increase in the availability of school nurses is an optimal way to fulfill the Ontario government’s legislative objectives of protecting and promoting public health in its communities. The scope of practice of registered nurses places them in the best position to implement and ensure that the goals of the HPPA are met in Ontario’s schools.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42250077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Gender Diversity in the Boardroom: Raising Questions About the "Comply or Explain" Model and Targets in Canada 董事会会议室的性别多样性:对加拿大的“服从或解释”模式和目标提出质疑
Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8073
R. Halabi
{"title":"Gender Diversity in the Boardroom: Raising Questions About the \"Comply or Explain\" Model and Targets in Canada","authors":"R. Halabi","doi":"10.5206/UWOJLS.V9I2.8073","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I2.8073","url":null,"abstract":"Effective corporate governance requires diversity in perspectives. Nevertheless, gender disparity continues to be a long-standing and prevalent problem on Canadian boards of directors and in executive roles. A “business case” argument that asserts that diverse leadership achieves better financial results has been put forward in support of rectifying gender disparity; however, recent meta-analyses research denies the validity of the “business case” argument. This paper argues that conclusions regarding the invalidity of the business case should be approached with caution. In 2014, securities regulators in Canada implemented amendments to Form 58-101F1 Corporate Governance Disclosure in order to address gender diversity. Unfortunately, progress has been slow because the new diversity disclosure rules are not based on a true “comply or explain” model. This paper argues that securities regulators should require publicly traded companies to adopt a policy relating to the representation of women on their boards. Furthermore, this policy should include a target percentage, chosen by the company, for women on a company’s board of directors and in their executive officer positions.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44995915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
A Wall Between the "Public" and the "Private": A Comment on Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall “公共”与“私人”之间的一堵墙——评海伍德耶和华见证人会(司法委员会)诉Wall案
Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8076
Mannu Chowdhury
{"title":"A Wall Between the \"Public\" and the \"Private\": A Comment on Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall","authors":"Mannu Chowdhury","doi":"10.5206/UWOJLS.V9I2.8076","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I2.8076","url":null,"abstract":"This case comment examines the Supreme Court of Canada’s recent decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v Wall. The court ruled that a church’s decision to excommunicate a member could not be judicially reviewed. Rather, judicial review is reserved for decisions by state actors. Wall narrows the scope of judicial review such that many quasi-public actors—such as sports administrators and political parties—are no longer subject to judicial review. The author argues that Wall’s prima facie simplification of the law of judicial review masks deeper conceptual and practical tensions. Specifically, by immunizing quasi-public actors—who are integral to the administrative state—from judicial review, Wall raises questions of accountability. Moreover, the spread of Charter values among such actors is potentially thwarted by this decision. Finally, what is more problematic is that in arriving at its approach to judicial review in Wall, the Supreme Court misinterpreted a helpful body of cases on the public–private distinction and further complicated the question of when judicial review is available to litigants.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49568134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Assessing the Damage: Money Awards by the OHRT in Sexual Harassment Cases 评估损失:OHRT在性骚扰案件中的金钱奖励
Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8069
Honor M. Lay
{"title":"Assessing the Damage: Money Awards by the OHRT in Sexual Harassment Cases","authors":"Honor M. Lay","doi":"10.5206/UWOJLS.V9I2.8069","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I2.8069","url":null,"abstract":"Individuals who experience sexual harassment in employment, housing, education, or other social services in Ontario may be entitled to a general damages remedy under section 45.2 of the Ontario Human Rights Code. The Ontario Human Rights Tribunal conducts an objective analysis of the severity of the harasser’s conduct and a subjective analysis of the impact of the incident on the applicant. Generally, the more severe the conduct or impact on the applicant, the higher the award for general damages. Due to an expectation that individuals will appear traumatized after enduring sexual harassment, an applicant’s failure to produce evidence of distress or traumatization will often adversely affect his or her entitlement to higher damage awards. This paper argues that the requirement to produce medical proof is an unwarranted invasion of the individual’s right to medical privacy, unjustly imposes an additional evidentiary burden upon the applicant, and perpetuates the myth surrounding sexual assault that trauma is visible and uniform.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46859902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Direct Discrimination and Indirect Discrimination: A Distinction with a Difference 直接歧视与间接歧视:有区别的区别
Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8072
A. Yu
{"title":"Direct Discrimination and Indirect Discrimination: A Distinction with a Difference","authors":"A. Yu","doi":"10.5206/UWOJLS.V9I2.8072","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I2.8072","url":null,"abstract":"Since Meiorin, it can be tempting to think that in Canadian law, the distinction between direct discrimination and indirect discrimination is now a distinction without a difference. The same analytical framework applies to both kinds of discrimination, and both can yield liability, so one might think that focusing on the distinction pointlessly distracts from the substantive concerns of discrimination law. However, I take a different view. In the context of Canadian human rights codes, the distinction remains significant. Despite attempts to abandon the distinction, the distinction seems to hold intuitive appeal and carries practical benefits. I submit that it is a distinction with a difference: it encourages adjudicators to consider more carefully discrimination without discriminatory intent, thus identifying cases of genuine discrimination they might otherwise miss.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48527611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Dancing in the Dark: An Analysis of the Live Entertainment Industry and the Deceptive Market Practices of Ticketmaster and Live Nation 《在黑暗中跳舞》:直播娱乐业与Ticketmaster和Live Nation的欺骗性市场行为分析
Western Journal of Legal Studies Pub Date : 2019-06-20 DOI: 10.5206/UWOJLS.V9I2.8070
Erik Holmstrom
{"title":"Dancing in the Dark: An Analysis of the Live Entertainment Industry and the Deceptive Market Practices of Ticketmaster and Live Nation","authors":"Erik Holmstrom","doi":"10.5206/UWOJLS.V9I2.8070","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I2.8070","url":null,"abstract":"Live Nation and its subsidiary Ticketmaster control a wide range of areas within the live entertainment industry. Their current conduct in that industry regarding fees added to ticket prices is arguably in violation of Canada’s Competition Act. Canada’s Competition Bureau, the country’s economic watchdog, recently filed an application alleging that these fee add-ons constitute deceptive marketing practices. Ticketmaster’s defence in support of their fees is contradictory to their practices and is unreasonable and self-serving. Regardless of the outcome of the Competition Bureau’s application, federal legislation should be implemented to curb these marketing practices.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47995278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Whistleblowing in Canada 加拿大的告密者
Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/UWOJLS.V9I1.6838
Siavash Vatanchi
{"title":"Whistleblowing in Canada","authors":"Siavash Vatanchi","doi":"10.5206/UWOJLS.V9I1.6838","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I1.6838","url":null,"abstract":"Whistleblowing has only been utilized in the fight against corruption effectively the past couple of decades. Today, while many public sector employees enjoy sweeping legislative protections, a significant portion of the 12 million Canadians working in the private sector remain inadequately protected. This paper will explore the shortcomings associated with the present Canadian system and examine how our whistleblower protections can be strengthened by incorporating world leading measures from countries like the U.S., U.K., Japan, as well as others. A case for the enactment of uniform legislation aimed at protecting all whistleblowers in Canada will ultimately be made. Even though the beneficial consequences of such an act will be multifaceted and profound, chiefly because it will put an end to the unequal rights public and private sector workers are afforded, the scope of this essay will be largely limited to exploring how expanding whistleblowing protections will allow Canada to better fulfill its international anti-corruption obligations under the Corruption of Foreign Public Officials Act.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48249691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Runaway Jurors 失控的陪审团
Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/uwojls.v9i1.6836
K. Hogg
{"title":"Runaway Jurors","authors":"K. Hogg","doi":"10.5206/uwojls.v9i1.6836","DOIUrl":"https://doi.org/10.5206/uwojls.v9i1.6836","url":null,"abstract":"This paper considers the impact of out-of-court research by jurors on trial fairness and policies to deter such independent research. Though jurors are barred from considering evidence outside the courtroom, some recent Canadian cases show that independent research occurs nonetheless. Part I of the paper reviews the policy rationales for the ban on juror research. Part II discusses the prevalence of independent research and reviews some recent Canadian cases in which the issue is addressed.  Part III considers solutions to the problem including the approaches taken by the UK and throughout the US. The paper concludes by recommending that Canada act pre-emptively to deter independent juror research before resorting to criminal prosecution of so-called \"runaway jurors.\"","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42083414","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Good Intentions, Questionable Results 良好的意图,可疑的结果
Western Journal of Legal Studies Pub Date : 2019-02-01 DOI: 10.5206/UWOJLS.V9I1.6826
Kayla R. Gordon
{"title":"Good Intentions, Questionable Results","authors":"Kayla R. Gordon","doi":"10.5206/UWOJLS.V9I1.6826","DOIUrl":"https://doi.org/10.5206/UWOJLS.V9I1.6826","url":null,"abstract":"Mandatory reporting legislation is designed to clarify when to report and ensure that all cases of child maltreatment are reported. However, while mandated reporting is well meaning and in the public interest, many practical difficulties for health care professionals and families reduce its effectiveness. Therefore, Ontario mandatory reporting legislation is falling short of its purpose of eliminating underreporting to protect children. This paper outlines this problem and offers some potential solutions.","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42295554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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