Search

Despite apparent agreement on the approach to the interpretation of statutes in Canada, a system of limited parliamentary sovereignty, judges differ on a fundamental point: how purpose is used in interpretation. Some judges craft arguments that view the text as the medium through which the legislature expresses its intention, using purpose to shed light on the meaning of the text in defined ways ('text-as-medium' interpretation). Others see the background purposes or values of the statutory context as binding constraints in a coherent legal order, with text as merely a signal to meaning ('purpose-as-medium' interpretation). This paper argues that text-as-medium interpretation offers the most persuasive account of the use of purpose in interpretation, especially in a system of legislative sovereignty, which constrains interpretive choice. By bringing to light the commitments of these two interpretive arguments in the Canadian context for the first time, the paper also raises deeper normative questions about how to view legislation in a Westminster parliamentary democracy. These questions are fundamental to the relationship between sovereign legislatures and courts. [ABSTRACT FROM AUTHOR]

Canada has recently emerged as a hotspot in a burgeoning global surrogacy bio‐economy. On the grounds that any commercial trade in reproductive capabilities would result in the exploitation of marginalised women willing to sell their eggs and wombs, Canada's Assisted Human Reproduction Act (AHRA) bans commercial surrogacy, allowing only for altruistic arrangements. Drawing together analysis of the AHRA and related legal, regulatory, and policy documents, feminist political economic theory, and a growing body of critical social scientific scholarship on surrogacy, this paper troubles altruism as a means of insulating surrogacy from market‐based exploitation. It contributes to the extant literature an explicit focus on the law as a key site in the reproduction of the gendered division of labour. Acknowledging the serious concerns that dog commercial markets in reproductive biology, it argues that the legal constitution of gestational work as altruistic is part of a broader juridico‐economic apparatus that has systematically devalued reproductive labour under capitalism. Efforts to insulate surrogacy from the market by legally designating it as a gift freely given facilitate the ongoing appropriation of reproductive labour, which is assigned, once again, to the realm of non‐value. A feminist political‐economic critique of altruism, this paper does not forward an argument in favour of commercialisation. Rather, its aim is to upend the commercial/altruistic binary that has circumscribed so much of the thinking and legislating around surrogacy. This paper explores the role of the law in devaluing reproductive labour under capitalism. It does so via an examination of Canada's burgeoning surrogacy bio‐economy and the legislation – the Assisted Human Reproduction Act – designed to regulate it. [ABSTRACT FROM AUTHOR]

Canada's Trans Mountain Expansion Pipeline project is one of the country's most controversial in recent history. At the heart of the controversy lie questions about how to conduct impact assessments (IAs) of oil spills in marine and coastal ecosystems. This paper offers an analysis of two such IAs: one carried out by Canada through its National Energy Board and the other by Tsleil-Waututh Nation, whose unceded ancestral territory encompasses the last twenty-eight kilometers of the project's terminus in the Burrard Inlet, British Columbia. The comparison is informed by a science and technology studies approach to coproduction, displaying the close relationship between IA law and applied scientific practice on both sides of the dispute. By attending to differing perspectives on concepts central to IA such as significance and mitigation, this case study illustrates how coproduction supports legal pluralism's attention to diverse forms of world making inherent in IA. We close by reflecting on how such attention is relevant to Canada's ongoing commitments, including those under the UN Declaration on the Rights of Indigenous Peoples. [ABSTRACT FROM AUTHOR]

The majority of the literature focused on whether consent should be extended to the adolescent population arises from themes adapted from American tort law. In contrast to the USA, Ontario does not delineate an age of consent for medical treatment and relying on American guidelines to guide practice in Ontario is problematic. While the literature is saturated with discussions for and against seeking adolescent consent, there are currently no bioethical guidelines on adolescent consent in the province of Ontario. This paper explores adolescent refusal of care and adolescent request for care in opposition to parental wishes. The paper seeks to answer the following questions: What is the difference between an adolescent and an adult in medical decision-making? What are the barriers to seeking adolescent consent? And, can the neurobiological argument be an accurate guide for obtaining adolescent consent? [ABSTRACT FROM AUTHOR]

As both a marriage act and an immigration act, the Expatriation Act of 1907 restricted U.S. women's freedom of marriage by stating that marrying aliens would lead to loss of U.S. citizenship. To study the effects of the Expatriation Act, I conduct a statistical analysis using 1910 full-count U.S. census data. I find that the Expatriation Act of 1907 generated significantly negative effects on intermarriage between American women and foreign-born men, particularly noncitizens. In particular, I find that it was the citizenship, rather than men's non-U.S. origin, that accounted for the negative effects of the Expatriation Act of 1907 on intermarriage. These results show a decline in male immigrants' marital assimilation, and potentially social and economic assimilation. As for the magnitude, the effects were large: the decline in intermarriage was at least 15 percent relative to the pre-Act intermarriage rate. Besides these main results, selective emigration to Canada and Europe driven by intermarriage cannot explain the main empirical results of the paper. The Expatriation Act of 1907 also had no significant effects on women's entry into the marriage market. Finally, the effects of the Expatriation Act of 1907 on intermarriage were heterogeneous by family immigration background, but less so by geographic region. [ABSTRACT FROM AUTHOR]

The article discusses the concept of jurisprudence in Canada and its reconciliation. It mentions that Canada has been occupied by many different states like European nations such as Great Britain and France. It also mentions that Supreme Court of Canada (SCC) recognized then Aboriginal rights and the existence of Aboriginal title due to fiduciary obligations.

Social science evidence is the "new normal" in Charter litigation in Canada. Yet, the road is not smooth for the use of social science evidence in courts. How to effectively use such evidence remains an under-studied area. This paper explores the dynamics, strategies, and best practices associated with adducing such evidence, using a qualitative, comparative perspective and examining cases from Canada, the United States, and South Africa. The paper argues that there are clear lessons emerging, in Canada and elsewhere, for how to effectively use social science evidence in constitutional cases. By analyzing scholarship and case studies in this area, the paper unpacks some of the dynamics and strategies at play for using social science evidence in courts. It puts forward five lessons, explaining that counsel who wish to harness social science evidence in Charter litigation should: (1) employ a group approach to constitutional litigation that brings together affected persons, community organizations, academics, and other experts; (2) present social science evidence early on in litigation and with the most reliable experts available; (3) ensure that social science evidence will withstand scrutiny under the applicable rules of evidence; (4) consider alternative strategies where social science evidence is weak, contested, or complex; and (5) prepare for a future where the importance of social science evidence in Charter cases increases. [ABSTRACT FROM AUTHOR]

In the 1970s, three Canadian jurisdictions (federal, Quebec, Nova Scotia) introduced statutory unjust dismissal legislation. The objective was to extend 'just cause' protections long enjoyed by unionized workers to eligible non-union employees by permitting employees to file a complaint with a labour tribunal. The presumptive remedy for unjustly terminated employees was to be reinstatement. However, in practice the majority of successful complainants are not reinstated. This paper examines the history and rationale for the introduction of unjust dismissal legislation in Canada, the meaning and scope of 'unjust' as developed by adjudicators, and the approach of tribunals in the three jurisdictions to crafting remedies to compensate unjustly dismissed employees who are not reinstated. [ABSTRACT FROM AUTHOR]

This paper presents novel findings about how appellate courts interpret and apply Canada's revamped self-defence law, contained in section 34 of the Criminal Code. The author identifies how section 34, described by the Canadian Department of Justice as a simplification of existing self-defence legislation and jurisprudence, significantly expands the availability of self-defence while removing and demoting principled constraints on the use of defensive force. The author studies self-defence appeals since section 34 has come into force. This study reveals the interpretive architecture of the new law and indicates where appeal decisions regularly turn. The paper is organized into six parts. First, the author explains the methodology used to arrive at the list of section 34 appellate cases. Second, the author assesses the prevalence of self-defence elements within these appellate decisions. Third, the author explores how appellate courts interpreting section 34 have evaluated the accused's role in the incident. Fourth, the author assesses the scope of the modified objective approach and its evolution under section 34. Fifth, the author discusses how longstanding self-defence principles have been applied within the new framework. Lastly, the author discusses hybrid defences-the melding of self-defence and other defences-and their prevalence under the new law. The author concludes by suggesting that section 34 has not resolved the complexity it was meant to address. Rather, it replaced one type of complexity with another. Appellate courts are now struggling to determine if, where, and how received principles such as necessity, proportionality, and retreat fit into section 34. Appellate decisions reveal that the operation of section 34 remains unpredictable, and guidance from appellate courts, most importantly the Supreme Court of Canada, is necessary. R v Khill, scheduled to be heard by the Supreme Court of Canada in 2021, presents an important opportunity to clarify self-defence law in Canada. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to critically analyse the concept of mandatory reporting in adult safeguarding in the jurisdictions of Australia, Canada, England, Northern Ireland and Scotland. Design/methodology/approach: A rapid realist evaluation of the literature on this topic was carried out in order to answer the question: "what works, for whom and in what circumstances?" Particular attention was paid to Context(s), Mechanism(s) and Outcome(s) configurations of adult safeguarding reporting systems and processes. Findings: The evaluation found a range of arguments for and against mandatory reporting and international variations on the scope and powers of mandatory reporting. Research limitations/implications: This review was undertaken in late 2018 so subsequent policy and practice developments will be missing from the evaluation. The evaluation focussed on five jurisdictions therefore, the findings are not necessarily translatable to other contexts. Practical implications: Some jurisdictions have introduced mandatory reporting and others are considering doing so. The potential advantages and challenges of introducing mandatory reporting are highlighted. Social implications: The introduction of mandatory reporting may offer professionals increased powers to prevent and reduce the abuse of adults, but this could also change the dynamic of relationships within families, and between families and professionals. Originality/value: This paper provides an accessible discussion of mandatory reporting across Ireland and internationally which to date has been lacking from the literature. [ABSTRACT FROM AUTHOR]

In focusing on the way emotional ideologies underpin migration regimes, this paper underlines how migrants manage their emotions in a quest towards wider economic and social integration. It compares the experiences of Mainland Chinese immigrants who are in Canada with those that returned to China temporarily but plan to remigrate to Canada eventually, thus sustaining transnational journeys. The paper suggests that the intersection of emotional and migration regimes imposes norms and sanctions that direct migrants towards what are considered appropriate emotions and emotional subjectivities. The economic logics shaping the circulation of emotions within and across geographical space during transnational sojourning is referred to here as the emotional economy of migration. The paper argues that certain emotions appreciate or depreciate in value as they are mobilised geographically during such transnational sojourning. The analysis contributes to migration scholarship by drawing out the emotional logics, circulations, and calculations that structure and prop up the political economy of migration regimes. [ABSTRACT FROM AUTHOR]

Excessive speeding is a major traffic safety concern consequently, numerous countermeasures have been considered to mitigate this problem. Excessive speeding, street racing and stunt driving activities subject all road users to extreme risk. To address this problem, three Canadian provinces introduced severe sanctions against drivers who exceed speed limits by high margins. Under the laws offenders were subject to immediate license suspension and vehicle impoundment. In this paper, intervention analysis of the collision data from the three provinces was conducted to identify the safety effects of the legislation. The analysis aims to identify changes in the time series behaviour of collision data after the adoption of the law. The changes were assessed for statistical significance, and the magnitude of the change was quantified. In general, the paper showed that the legislative changes were associated with drops in province-wide fatal collisions substantiating the safety benefits of introducing such legislation against excessive speeders. [ABSTRACT FROM AUTHOR]

Purpose - The purpose of this paper is to draw attention to the ways in which the Supreme Court of Canada has shifted away from transcendent/religious to nonreligious conceptualizations of assisted dying. Design/methodology/approach - A discourse analysis of a Supreme Court of Canada case on assisted dying and the facta of the 26 associated interveners. Findings - The research points to a shift away from religious to nonreligious understandings in the way the Court conceptualizes suffering, pain, illness and assisted dying. Originality/value - This paper contributes to the understanding of nonreligion as a social phenomenon. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Economics is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The legality of e-cigarettes remains ambiguous in Canada in terms of their use and sale. The question of legality is of relevance due to the widespread and increasing popularity of e-cigarettes. The purpose of this paper is to determine whether any definitive conclusions can be drawn regarding the legality of e-cigarettes in Canada. Deriving an answer to the issue of the legal status of e-cigarettes in Canada involved a careful dissemination of the applicable legislation, Parliamentary materials, Health Canada notices, scientific literature, and general media reports. Ultimately, primary emphasis was placed on applicable and potentially applicable federal legislation due to federal legislation being the only avenue for a comprehensive and national legislative framework for regulating e-cigarettes. The question of legality was approached from a purely legally substantive manner and questions of whether Parliament should or should not allow the use of e-cigarettes were largely avoided. However, normative arguments in this regard inevitably arise, and were addressed tangentially, though they do not comprise a substantial portion of the paper. Coming to a conclusion required separating the question of legality into two components: (1) the legality of commercial use and sale and (2) the legality of personal use. It was determined that in terms of the commercial use and sale of ecigarettes, legality remains ambiguous. E-cigarettes can be considered illegal for the purposes of commercial use and sale if they contain nicotine, but are legal if they do not contain nicotine. Regarding personal use, they can be considered legal. However, both of these conclusions come with significant caveats. It was ultimately determined that comprehensive federal legislation would be the most appropriate way of regulating ecigarettes as the provincial legislation that has been enacted thus far has a very narrow regulatory scope. Ultimately, as the health effects of these devices become known, it will only be a matter of time before the federal government passes legislation that will add a much stronger sense of certainty to the question of ecigarette legality. [ABSTRACT FROM AUTHOR]

We respond in this paper to various counter arguments advanced against our stance on conscientious objection accommodation. Contra Maclure and Dumont, we show that it is impossible to develop reliable tests for conscientious objectors' claims with regard to the reasonableness of the ideological basis of their convictions, and, indeed, with regard to whether they actually hold they views they claim to hold. We demonstrate furthermore that, within the Canadian legal context, the refusal to accommodate conscientious objectors would not constitute undue hardship for such objectors. We reject concerns that refusing to accommodate conscientious objectors would limit the equality of opportunity for budding professionals holding particular ideological positions. We also clarify various misrepresentations of our views by respondents Symons, Glick and Jotkowitz, and Lyus. [ABSTRACT FROM AUTHOR]

Despite extensive social science analysis of special weapons and tactics (SWAT) team deployment across the United States, the phenomenon in Canada has been overlooked. Drawing from data on deployments disclosed under freedom of information (FOI), legal decisions, and media data, our findings reveal that the use of SWAT teams have escalated in many major Canadian cities. Public police now deploy SWAT teams across Canada for routine law enforcement activities such as warrant work, traffic enforcement and other routine tasks, as well as responding to mental health crises and domestic disturbances. We then develop three sociological explanations for the rise and current use of SWAT teams in Canadian policing. We draw from sociologies of law, institutionalism and institutional effects, and field/capital. This paper concludes with reflections on the implications for public policing and avenues for future research on police militarisation in Canada and beyond. [ABSTRACT FROM AUTHOR]

Growing recognition of Indigenous Peoples' legal rights to forests has motivated an increase in collaborative forest governance in recent decades. Collaborative governance literature, however, has paid little attention to the influence of legal approaches. This paper explores two legal instruments, constitutionally entrenched rights and statutory rights, and their influence on six elements of collaborative governance identified in literature: starting conditions, institutional design, facilitative leadership, collaborative process, systems context and outcomes. In Canada, constitutionally entrenched and collective Indigenous rights are interpreted by the courts, resulting in a complex body of jurisprudence. Statutory rights in India are not constitutionally protected and focus on the individual, rather than the collective. In both countries, these legal instruments address conflict, injustice and forest access, and have led to the establishment of different forms of collaborative forest governance. [ABSTRACT FROM AUTHOR]

Analysing sexual harassment law in British Columbia, this paper argues that in highly sexualised work environments, in which practices including sexual 'jokes' or innuendo may be common, law embodies and (re)creates the gendered subtext of the workplace. When a complaint of sexual harassment from a sexualised workplace is raised in a legal forum, a complainant has an obligation to clearly object to the sexual remarks, 'jokes,' banter, etc.-which may be the 'norm'-to show the conduct in question was unwelcome. At the same time, however, a workplace may be structured, in part by law, in a way that restricts employee resistance to uncomfortable sexual experiences. This is the case, I argue, for women working in full-service restaurants when it comes to sexual interactions with customers. This paper explores how restaurant work, in the Canadian context with a focus on the province of British Columbia, is organised in a manner that makes women vulnerable to enduring sexually harassing practices as a routine part of their jobs. [ABSTRACT FROM AUTHOR]

Aims: This paper presents updated prevalence estimates of awareness, ever‐use, and current use of nicotine vaping products (NVPs) from 14 International Tobacco Control Policy Evaluation Project (ITC Project) countries that have varying regulations governing NVP sales and marketing. Design, Setting, Participants and Measurements: A cross‐sectional analysis of adult (≥ 18 years) current smokers and ex‐smokers from 14 countries participating in the ITC Project. Data from the most recent survey questionnaire for each country were included, which spanned the period 2013–17. Countries were categorized into four groups based on regulations governing NVP sales and marketing (allowable or not), and level of enforcement (strict or weak where NVPs are not permitted to be sold): (1) most restrictive policies (MRPs), not legal to be sold or marketed with strict enforcement: Australia, Brazil, Uruguay; (2) restrictive policies (RPs), not approved for sale or marketing with weak enforcement: Canada, Malaysia, Mexico, New Zealand; (3) less restrictive policies (LRPs), legal to be sold and marketed with regulations: England, the Netherlands, Republic of Korea, United States; and (4) no regulatory policies (NRPs), Bangladesh, China, Zambia. Countries were also grouped by World Bank Income Classifications. Country‐specific weighted logistic regression models estimated adjusted NVP prevalence estimates for: awareness, ever/current use, and frequency of use (daily versus non‐daily). Findings NVP awareness and use were lowest in NRP countries. Generally, ever‐ and current use of NVPs were lower in MRP countries (ever‐use = 7.1–48.9%; current use = 0.3–3.5%) relative to LRP countries (ever‐use = 38.9–66.6%; current use = 5.5–17.2%) and RP countries (ever‐use = 10.0–62.4%; current use = 1.4–15.5%). NVP use was highest among high‐income countries, followed by upper–middle‐income countries, and then by lower–middle‐income countries. Conclusions: With a few exceptions, awareness and use of nicotine vaping products varied by the strength of national regulations governing nicotine vaping product sales/marketing, and by country income. In countries with no regulatory policies, use rates were very low, suggesting that there was little availability, marketing and/or interest in nicotine vaping products in these countries where smoking populations are predominantly poorer. The higher awareness and use of nicotine vaping products in high income countries with moderately (e.g. Canada, New Zealand) and less (e.g. England, United States) restrictive policies, is likely due to the greater availability and affordability of nicotine vaping products. [ABSTRACT FROM AUTHOR]

The Syrian Civil War and the rise of the Islamic State have attracted thousands of foreign fighters from Western countries. One hundred and ninety of these individuals have a nexus to Canada, and approximately 60 have returned home. To date, despite concerns that these returning foreign fighters pose a national security threat in Canada, only three have been convicted of the Criminal Code's terrorism offences--a meager figure that exposes a legal and policy vacuum in Canada's approach to the foreign fighter phenomenon. Canada's terrorism offenses were designed to prosecute domestic offenders and are ill-equipped to effectively impose criminal sanctions on returning foreign fighters. Prosecutions are hamstrung by the inherent difficulty of extracting courtroom-worthy evidence from foreign war zones. As a result, Canada is left with an incomplete toolbox that is overly reliant on community de-radicalization programs, reintegration, and surveillance. While these are indispensable tools, exclusive reliance on this approach neglects the important deterrent and denunciatory effects of criminal sanctions, particularly for high-risk individuals who remain hostile and ideologically engaged. To address this legislative gap, this paper proposes two Criminal Code offences that prohibit (1) travelling to a declared conflict zone for non-legitimate purposes, and (2) engaging in "hostile activities" while in a foreign country. Both offences are designed to address the challenge of collecting war-zone evidence and facilitate effective prosecution of foreign fighters. [ABSTRACT FROM AUTHOR]

With the Islamic State of Iraq and the Levant (ISIL) now appearing as if it has lost the ability to control territory and many of its members fleeing the region, the Canadian government must now address the possibility of citizens who have become "foreign fighters" returning home, radicalized and prepared to commit acts of terror. This compels officials from Public Safety Canada to ask important questions about who these radicals are, what they will do next, and what can be done to protect Canadians if they come home. This paper reviews the international and domestic legal framework as applied in Canada and discusses how authorities are seeking to apply the law to returning foreign fighters. The paper then inquiries into the legal implications of returning foreign fighters. It is contended that while Canada's legal system offers an adequate response for the time being, it does not guarantee security and may have significant loopholes which could constrain its application. To counter this, authorities must continue to develop and adapt broader policy approaches in order to deal with an undefined and emerging threat. [ABSTRACT FROM AUTHOR]

In this paper, I explore several issues emerging in the discourse about the recording of indigenous law by drawing on several examples of my research and work with indigenous law in Canada. This is an important inquiry because there are limiting and disturbing fundamentalist premises underlying the debate regarding the recording of indigenous law. To take up these issues, I analyse and articulate the law and legal processes from two indigenous oral histories. The question under consideration is whether by this recording and analysis, I have somehow damaged Gitxsan law. In other words, did I break it? [ABSTRACT FROM AUTHOR]

We argue that Canadian immigration law, policy, and practice have historically excluded, race and disability, on a number of grounds, and that there is a common link between them, which is the perception of immigrants' inability to adapt and integrate into a Canadian identity. The paper conducts a historical analysis of the Canadian immigration framework situated at the intersection of identities based on race and disability, which we link through Critical Race Theory analysis; and class, which is shown through the "excessive demand" standard, the origins of which we trace in relation to the commodification of immigrants based on their economic value. This paper shows how the marking of immigrant ethnic groups as medically inadmissible--currently by imposing an "excessive demand" test on health care or social services as a class-based admission criterion--both has historical grounding in turn of the century exclusionary logic of racism and ableism, and defies equality standards in the Canadian Charter of Rights and Freedoms. When we apply "interest convergence," we see how the limits to Canadian generosity or liberal tolerance are implied in current immigration restrictions. This application shows that even reforms that have now distanced immigration law from having prohibited classes and therefore do not explicitly mention race, disability or disease have only benefited disabled racialized immigrants when those reforms also aligned with the economic interests of the state. We draw upon historical exclusionary laws based on race and disability, that defined race as a disability, and more recent case law based on disability and class, regarding the denial of immigration status to persons with disabilities unless families volunteered to cover costs of care and policies surrounding immigration inspection, to show a continuing pattern of systemic exclusion. According to this pattern, ethnic groups confronting Canadian borders were read alongside and through their diagnoses of disease and disability as undesirable and unassimilable. This now confronts those with disabilities who are considered economically undesirable. The current challenge is therefore to recognize these historical, ableist (discrimination against disability) patterns, and to create policies and laws that are not based on such exclusionary understandings of difference but that instead continue to transform our definition of citizenship and identity in equitable and inclusive ways. [ABSTRACT FROM AUTHOR]

This paper examines a discrete set of issues pertaining to the constitution of addiction in law. Based on qualitative interviews undertaken with lawyers in Australia and Canada, I examine how addiction figures in lawyers' daily practice. Drawing on ideas from science and technology studies scholars Sheila Jasanoff, Michael Lynch and Bruno Latour, and building on recent research I undertook on legal addiction veridiction, I explore the constitution of addiction 'facts' in law. I examine how and when lawyers claim to make decisions about addiction in the course of their legal practice. Lawyers report playing a central role in the making of decisions about addiction, at multiple stages of the legal process including: before taking cases on, while running cases in court, and while negotiating and/or settling cases. I argue that these decisions can be properly described as 'quasi-expert' determinations with important parallels to scientific, technological and medical claims often made in legal settings by more conventional 'expert witnesses'. I call these 'quasi-expert' decisions because they are decisions of the kind that might be assumed to be the purview of scientific or medical experts and because they have tangible implications for clients. Lawyers uniquely constitute addiction in unique ways, drawing on a combination of factors, including their own experience with and observations about addiction, the experiences of family members who have experienced alcohol and other drug problems, relevant legal concepts and frameworks, popular and scientific claims about addiction, emotions and values, including the gender politics of alcohol and other drug addiction. These addiction 'facts' can have a range of material and discursive effects, including potentially adverse implications for people characterised as 'addicts'. I conclude the paper with a discussion of some implications of these practices, and with reflections on how we might address these issues in future research. [ABSTRACT FROM AUTHOR]

The assessment of wrongful dismissal damages in Canadian law has long been governed by the principles established in Bardal v Globe & Mail Ltd. Although this model of analysis has been met with near universal approval in every decision-making forum in Canada, the principles underlying Bardal warrant further discussion. This work focuses on the contractual core of employment disputes and analyzes the interpretive framework for common law claims for wrongful dismissal. It will show that the traditional law of private remedies has been distorted in the context of wrongful dismissal as a result of the wholesale adoption of the Bardal Factors. The Bardal approach requires courts to depart from traditional doctrines of remedies and contract law and extends beyond the traditional goal of restitutio in integrum to a distributive theory of damages. This ultimately results in outcomes that depart from the original goal of wrongful dismissal remedies: protecting society's vulnerable workers from unfair employment practices. This paper will suggest that damages from the breach of the employment contract should be objectively assessed from the intention of the parties at the time of contract formation. The courts in Lazarowicz and Bartlam have provided useful guidance with respect to how this method can be successfully applied. Returning to the goal of restitutio in integrum and corrective justice in wrongful dismissal damages would provide needed predictability and stability in employment relationships. [ABSTRACT FROM AUTHOR]

Teen violence in dating and peer relationships has huge costs to society in numerous areas including health care, social services, the workforce and the justice system. Physical, psychological, and sexual abuse have long-lasting ramifications for the perpetrators as well as the victims, and for the families involved on both sides of that equation. An effective violence prevention program that is part of a school's curriculum is beneficial not only for teaching teenagers what is appropriate behaviour in a relationship, but also for helping them break the cycle of violence which may have begun at home with their own maltreatment as children. The Fourth R program is an efficacious violence prevention program that was developed in Ontario and has been implemented in schools throughout Canada and the U.S. Covering relationship dynamics common to dating violence as well as substance abuse, peer violence and unsafe sex, the program can be adapted to different cultures and to same-sex relationships. The program, which gets its name from the traditional 3Rs -- reading, 'riting and 'rithmetic -- offers schools the opportunity to provide effective programming for teens to reduce the likelihood of them using relationship for violence as they move into adulthood. The federal government has estimated that the societal costs of relationship violence amount to more than $7 billion. These costs can continue to be incurred through the legal and health-care systems as the ripple effects of violence play out over the years, even after a relationship has ended. Other types of violence are also costly to society and not just in terms of dollars, but in young lives diverted into criminal activity. Up to 15 per cent of youth who become involved with the justice system grow into serious adult offenders who develop lengthy criminal careers. Yet, research shows that if prevention programs such as the Fourth R can deter just one 14-year-old high-risk juvenile from a life of crime, up to $5 million can be saved in costs to society. Research involving 1,700 Grade 9 students in 20 schools showed that those who did not take the Fourth R programming had a rate of relationship violence 2.5 times greater than those who did, and that the program had the greatest impact on boys, who are the most frequent perpetrators. There was also a significant reduction in violence towards peers, especially for youth who were at risk to be violent because they had experienced previous child abuse. Students likewise became more aware of violence and its impacts on others, and they gained a greater command of coping strategies. The program's start-up costs vary depending on the school's geographical location. This paper shows that the program's costs per student are small compared to the savings to society in terms of violence avoidance. In a large Ontario school board, costs were down to $5 per student. In the Northwest Territories, smaller class sizes and bigger geographic distances make implementing the program more expensive, but still only $15-33 per student. The authors calculated savings based on costs avoided related to dating and peer violence at $2,101 per student. Violence prevention is an ethical imperative and it must start with teenagers. In an era of fiscal restraint and demand for more financial accountability, the Fourth R has proven to be a pro-active success in terms of saving both public money and young lives from the deleterious effects of violence. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Political Science / Revue Canadienne de Science Politique is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Civil justice reforms in both England and Canada have consistently advocated the need for a litigation ‘culture shift’ away from the traditional adversarial trial process in resolving disputes to settlement through ADR. In seeking to implement this cultural shift, both countries have adopted distinctly diverging approaches to the issue of mandatory ADR. This paper critically analyses the current rules of civil process and associated judicial attitudes toward compulsory ADR in England and in Canada. It argues that the Canadian approach of legislating compulsory ADR provides greater consistency and predictability when it comes to ensuring that litigants undertake ADR efforts. In contrast, the English approach, which formally rejects but impliedly accepts and implements mandatory ADR, creates uncertainty for those who engage with the civil justice process. Drawing on the Canadian practice, this paper proposes ways in which the English court rules may be reformed to better integrate mandatory ADR. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Political Science / Revue Canadienne de Science Politique is the property of Cambridge University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

THIS PAPER EXAMINES THE TENSION between macro level regulation and the rule breaking and rule following that happens at the workplace level. Using a comparative study of Canada, Norway, and Germany, the paper documents how long-term residential care work is regulated and organized differently depending on country, regional, and organizational contexts. We ask where each jurisdiction's staffing regulations fall on a prescription-interpretation continuum; we define prescription as a regulatory tendency to identify what to do and when and how to do it, and interpretation as a tendency to delineate what to do but not when and how to do it. In examining frontline care workers' strategies for accomplishing everyday social, health, and dining care tasks we explore how a policy-level prescriptive or interpretive regulatory approach affects the potential for promising practices to emerge on the frontlines of care work. Overall, we note the following associations: prescriptive regulatory environments tend to be accompanied by a lower ratio of professional to non-professional staff, a higher concentration of for-profit providers, a lower ratio of staff to residents and a sharper division of labour. Interpretive regulatory environments tend to have higher numbers of professionals relative to non-professionals, more limited for-profit provision, a higher ratio of staff to residents, and a more relational division of labour that enables the work to be more fluid and responsive. The implication of a prescriptive environment, such as is found in Ontario, Canada, is that frontline care workers possess less autonomy to be creative in meeting residents' needs, a tendency towards more task-oriented care and less job autonomy. The paper reveals that what matters is the type of regulation as well as the regulatory tendency towards controlling frontline care workers decision-making and decision-latitude. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Public Administration is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper makes the case that current Canadian political and legal frameworks are unable to fully recognize the inherent plurality in law, which includes Indigenous versions of law. In making this argument, the author uses the doctrine of Aboriginal title as a means to illustrate the conceptual and ideological hurdles that obstruct full recognition and Indigenous law. Some scholars call for the incorporation of Indigenous legal concepts within the common law, what is generally known as a weak form of legal pluralism. This paper discusses the internal limits of this weak form of legal pluralism, demonstrating the perversity of forms of recognition that force Indigenous claims through institutions that perpetuate their subjugation, as well as the ideological conscripts of Canadian legal institutions and discourse that continue the erasure of Indigenous law and organic Indigenous legal meaning. To do so, this paper illustrates the conceptual and ideological hurdles of a weak form of legal pluralism through the (mis)use of Indigenous law within the Aboriginal title paradigm. Given that the (mis)recognition of Indigenous law acts as a site for the reconstruction of colonialism, this paper argues instead for a transformative approach that respects Indigenous agency. In so doing, it argues that in order to fully respect and lay the foundations for the reconciliation of Indigenous legal orders, a strong legal pluralist model must be incorporated that decenters state law as law par excellence. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Psychiatry is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Over the course of several months in 2018, more than 240 people were arrested in Burnaby, BC, Canada for disrupting the expansion of the Trans Mountain Pipeline. While those arrested shared a willingness to defy Canadian law in opposition to this pipeline development, the police applied differing degrees of force and violence while making these arrests. Informed by interviews with land defenders and engagements on the frontlines of this conflict, this paper considers what these discrepancies in police tactics teach us about logics of settler colonial law, authority, and violence. We do so by engaging in a discussion of the foundational paradox of the state – that its constitutional law is unlawfully constituted – and by presenting the politics of recognition as a strategy employed by the settler colonial state in its attempts to reconcile the contradiction between the state's claims to legal authority and its own unlawful foundations. However, whereas recognition and reconciliation are often presented in contrast to earlier more violent eras of colonial governance, we argue that colonial recognition is a logic of state violence which determines how, and against whom, state violence is distributed. When assertions of Indigenous jurisdiction take unrecognized or deviant forms, the state ultimately resorts to violence to remove these competing claims to legal authority. Moreover, we argue that police violence against Indigenous peoples asserting "sovereignty on the ground" should not be understood as merely a matter of law enforcement – rather, this is a productive form of violence through which the legal authority of the state is actively established. [ABSTRACT FROM AUTHOR]

The United Nations states that prisoners should enjoy the same standards of health care that are available in the community. Despite this, persons in prison experience barriers to care and face unique health challenges. Given the ways in which prisons shape health outcomes for incarcerated persons, it is important to interrogate how the provision of health care is governed in custodial settings. In this article, we examine one important aspect of governance: legislation governing the provision of health care in prisons. We view this issue through a critical lens, building on a body of poststructural scholarship which has illuminated how laws and policies are not merely tools of governance but also key sites for the production of meanings around social "problems," including the "problem of health." Taking Canada's Corrections and Conditional Release Act as a case example and applying Carol Bacchi's "What's the Problem Represented to Be" analytical framework, we examine how the specific representation of "health" in this legislation works to produce effects for persons in federal prison. Three key themes are formed through this analysis. First, what constitutes "essential services" in the context of federal prisons is more limited compared with the broader community. Second, the dichotomy between the rights of persons in prison versus the protection of society that is produced in development of these laws has significant bearing on the treatment of those in prison. Third, this representation has negative effects on the health of persons in prison. In order to meet United Nations standards, greater attention must be paid to the ways in which laws and other governing practices reproduce inequities in health care provision in prisons. [ABSTRACT FROM AUTHOR]

Several countries have imposed bans on the wearing of face veils, a controversial option considered in Bill 94 by the province of Quebec in 2010. This paper examines non-Muslim women's support for the acceptability of the niqab in public spaces. Analysing the 2010 Quebec Women's Political Participation Survey, we find that key feminist arguments – that wearing the niqab is a woman's free choice, a matter of freedom of religion and a visible symbol of women's oppression – are important drivers of opinion. Their role in shaping opinion, however, is complex and mirrors divisions among feminist groups in the province. Additional attitudinal drivers include generation, exposure to the practice and openness to immigration. Equally important, our findings suggest that being a member of a racial minority, feelings of cultural insecurity and religiosity are of little consequence for thinking on the issue. [ABSTRACT FROM AUTHOR]

The truth and reconciliation commissions of Latin America and Africa are paradigms of transitional justice, often regarded as part of the process of transitioning from authoritarian to democratic rule. But truth commissions are also common in first-world settler states, which raises the question of what "transition" such commissions effectuate in Canada, Australia, and the United States. This paper examines the efforts of Canada' s Royal Commission on Aboriginal Peoples to resolve a controversy over a government relocation of Inuit families in the 1950s for which the relocatees were demanding compensation. Concurrent with historical controversies in the Canadian courts concerning Aboriginal rights and title, the historical controversy over the relocation raised questions about the Canadian state' s ability to "hear the voices" of First Nations people, who objected that their accounts of the past had been disregarded by government-contracted historians and courts alike. I argue that the Royal Commission' s efforts to hear the voices of Inuit relocatees, showcased in nationally televised hearings, was a phatic ritual in which communicative contact between marginalized citizens and the state was ritually established. The ritual was presented as a remedy for failures to achieve phatic communion among citizens and state--a condition of communicative contact held up as essential to the realization of liberal democratic ideals. The work of the Royal Commission and other truth commissions highlights the growing prominence of communication, particularly liberal communicative events construed as "open," "equal," and "free," as a concern of both theory and practice in liberal democratic polities. [ABSTRACT FROM AUTHOR]

This article provides a historical background of the evolution of transboundary water governance and environmental diplomacy in the Great Lakes- St. Lawrence basin, with a focus on the International Joint Commission ( IJC), during the twentieth century. This study focuses on water quantity issues, such as diversions, canals, hydroelectric developments, control works, and water levels, revealing the range of artificial and natural impacts on water levels in the Great Lakes- St. Lawrence basin. Doing so provides for a revealing examination of the IJC, which has traditionally been the main forum in which Canada and the United States manage their environmental relations and border water issues, which allows for an engagement with a range of North American transboundary governance theories. While the IJC is often lauded as a model of transnational environmental cooperation, this paper demonstrates that the evolution of this bilateral institution up to the 1960s is more complicated. [ABSTRACT FROM AUTHOR]

This paper considers some of the implications of the Supreme Court of Canada's watershed judgment in Saskatchewan Federation of Labour, which recognized a constitutional right to strike under the Charter, for labour relations policy and practice in the broader public sector. The author notes that while the right to strike has been a key element of modern industrial relations policy, restrictions on that right have been deemed to be justified in respect of "essential" public services. Despite a marked decrease in strike activity in recent decades across all sectors of the economy, the author finds that strikes remain a significant feature of industrial relations in the broader public sector, particularly in the areas of health care, education and social services, where union density continues to be at high levels. In Saskatchewan Federation of Labour, the Supreme Court, though recognizing the fundamental importance of the right to strike to collective bargaining, did not preclude the possibility of restrictions on strikes in essential services if such restrictions were reasonably justified. In particular, the Court held, legislation that prohibited or limited strikes may survive Charter scrutiny if it provides for a "meaningful" alternative dispute resolution mechanism. The key question, then, is what sort of process will satisfy the requirements set out by the Court. In suggesting an answer to this question, the author reviews the study by Adell, Grant and Ponak on strikes in essential services, which concluded that the so-called "designation" model (which seeks to maintain the delivery of essential services during a strike or lockout) had more favourable industrial relations outcomes than either the "no-strike" model or the "unfettered strike" model. Nevertheless, the author points out, the practical implementation of the designation model could become more complex as a result of the decision in Saskatchewan Federation of Labour because of the larger number of issues to be decided and because of the requirement that the mechanism used to determine outcomes regarding essential services, classifications and employees be inclusive rather than unilateral. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Agricultural Economics is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Osgoode Hall Law Journal is the property of Osgoode Hall Law School and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Osgoode Hall Law Journal is the property of Osgoode Hall Law School and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As there is a collective renaissance1 in the recognition of Indigenous legal traditions and laws in Canada, this reflection focuses on a “constitutive” approach that non-Indigenous Yukoners can take to law making, in that it explores how the constitutive practices and institutions of Yukon First Nations can be utilized to inform both lawyerly approaches to First Nations law and the interactions of the non-Indigenous Yukon public with Indigenous laws. This reflection explores this in two ways: 1) the necessity to view the constitutive and legal practices of Indigenous communities from a broad, normative lens; and 2) how a normative approach provides different fruitful approaches to accessing, understanding, and drawing upon Indigenous laws. [ABSTRACT FROM AUTHOR]

The Supreme Court of Canada recently issued a trilogy of decisions pertaining to suspects' right to legal representation. These rulings further a major difference between the US and Canadian law: Canadian criminal suspects have far less access to legal counsel than suspects in the USA. This paper summarizes these decisions and draws comparisons between Canadian and the US criminal procedure with respect to a suspect's rights to legal representation. We present preliminary data on Canadian citizens' misunderstanding of criminal suspects' right to counsel and also Canadian legal professionals' opinions about the right to counsel. We recommend empirical investigation of the hypothesis that Canadian suspects are more likely than the US suspects to make false confessions. [ABSTRACT FROM PUBLISHER]

Background: Antimicrobial stewardship programs (ASPs) have been shown to reduce inappropriate antimicrobial use and its consequences. However, these programs lack legislative requirements in many places and it can be difficult to determine what human resources are required for these programs and how to create a business case to present to hospital administrators for program funding. The objectives of the current paper were to review legislative requirements and outline human resource requirements for ASPs, and to create a base business case for ASPs. Methods: A working group of antimicrobial stewardship experts from across Canada met to discuss the necessary components for creation of a business case for antimicrobial stewardship. A narrative review of the literature of the regulatory requirements and human resource recommendations for ASPs was conducted. Informed by the review and using a consensus decision-making process, the expert working group developed human resource recommendations based on a 1000 bed acute care health care facility in Canada. A spreadsheet based business case model for ASPs was also created. Results: Legislative and /or regulatory requirements for ASPs were found in 2 countries and one state jurisdiction. The literature review and consensus development process recommended the following minimum human resources complement: 1 physician, 3 pharmacists, 0.5 program administrative and coordination support, and 0.4 data analyst support as full time equivalents (FTEs) per 1000 acute care beds. Necessary components for the business case model, including the human resource requirements, were determined to create a spreadsheet based model. Conclusions: There is evidence to support the negative outcomes of inappropriate antimicrobial use as well as the benefits of ASPs. Legislative and /or regulatory requirements for ASPs are not common. The available evidence for human resource recommendations for ASPs using a narrative review process was examined and a base business case modelling scenario was created. As regulatory requirements for ASPs increase, it will be necessary to create accurate business cases for ASPs in order to obtain the necessary funding to render these programs successful. [ABSTRACT FROM AUTHOR]

In 2015, the Government of Canada committed to protecting 5% of marine and coastal areas by 2017, and 10% by 2020. While admirable progress towards this target has been made, less attention has been given to improving the quality of protection afforded to marine areas. Extensive scientific study supports that several factors are critical to the success of Marine Protected Areas (MPAs) for marine biodiversity conservation and management objectives, including no-take areas and prohibitions on extractive and industrial activities. However, the majority of Canada's MPAs allow extractive uses within their boundaries. As Canada works toward international and national commitments to marine protection targets, it is critical to consider the degree of protection afforded by the legal designations used to create these areas. This paper reviews the current inconsistent standards of protection across marine protected areas (MPAs) designated under the Oceans Act , Canada's flagship legislation for marine protection. Recommended amendments to the law include standards of protection that would exclude all extractive industrial activities from MPAs in order to better guide the designation and decision-making processes for marine protection. [ABSTRACT FROM AUTHOR]

In 2015, the United Nations adopted the Revised Standard Minimum Rules for the Treatment of Prisoners, known as the Mandela Rules. These new soft law standards are a significant normative reference for national legislators, courts, correctional administrators, and advocates on a range of prison conditions issues. The Mandela Rules include restrictions on solitary confinement that are far more stringent than longstanding Canadian law and practice and have already begun to inform the resolution of contemporary constitutional litigation. Despite their use in constitutional litigation, there is little empirical work done on how international standards, such as the Mandela Rules, are generated--what evidence is relied upon, what compromises are made, and what pragmatic realities shape the final content. This article provides a window into the socio-legal aspects of developing soft law on a topic that is gaining prominence in international and domestic arenas. Drawing from both original interviews and official accounts, this article traces the formation of the UN Mandela Rules and examines how the preparatory and negotiation processes included an unusual degree of involvement of subject matter experts, with both advocates and correctional administrators working to generate evidence-based, pragmatic recommendations. The author argues that the process behind the Mandela Rules challenges assumptions about "correctional expertise" being opposed to restrictions on solitary confinement. Furthermore, this account of the making of the Mandela Rules suggests that these new international norms are not aspirational or foreign, as some have assumed. Rather, they are the product of thoughtful grappling with both normative and operational principles across varying prison settings. The author concludes that judges and policy-makers should consider the broader context of the development of international standards when determining how to rely on international norms as a source of evidence in the resolution of domestic legal issues. [ABSTRACT FROM AUTHOR]