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The Failure of the Canadian Human Rights Regime to Provide Remedies for Indigenous Peoples: Enough Time Has Passed
(2016-09-20)
In 2008, Canada amended the Canadian Human Rights Act to remove s.67, which in essence precluded Indigenous Peoples from bringing complaints as against Canada and Band governments. Since the amendment took effect in 2010, ...
When Insider Trading and Market Manipulation Cross Jurisdictions. What Are the Challenges For Securities Regulators and How Can They Best Preserve the Integrity of Markets?
(2016-09-20)
Over the last few decades world securities markets have become significantly more sophisticated in terms of how securities are traded as well as the variety of securities traded. My hypothesis is that the ability of ...
Rethinking the Law of Interrogations and Confessions in Canada
(2016-09-20)
This thesis is a discussion about the inadequacy of the Canadian confessions rule in light of what modern forensic psychology reveals about the human mind, and the propensity of legally-sanctioned interrogation tactics to ...
False Universalism of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions and the Global South
(2016-09-20)
Why are theories of global governance unsatisfactory? Why are theories of global governance unable to integrate the lived realities of the people of the global South? International law and its institutions are growing at ...
Professional Discretion and the Law: Impact of Actuaries on the Underfunding and Decline of Private Sector Single Employer Defined Benefit Pensions in Canada. How Many "Post Nortel Pension Fiascos are Brewing in Canada?
(2016-09-20)
Considering that private sector single employer defined benefit pension plans must be fully funded by law, the legal issue emanating from their systemic underfunding is whether or not actuaries have been using their ...
They Promised to Leave Us Some of Our Land: Aboriginal Title in Canada's Maritime Provinces
(2016-09-20)
This thesis analyzes the status of Aboriginal title in Canada's Maritime Provinces in light of the Supreme Court of Canada's historic declaration of Aboriginal title in the 2014 decision of Tsilhqot'in Nation v. British ...
The Colliding Vernaculars of Foreign Investment Protection and Transitional Justice in Colombia: A Challenge for the Law in a Global Context
(2016-11-25)
This doctoral dissertation explores an argued normative tension between the legal protection of foreign investors via international investment agreements and the implementation of a transitional justice project in Colombia. ...
The Rules of Engagement: Self-Defense and the Principle of Distinction in International Humanitarian Law
(2016-11-25)
This dissertation examines the problem of the mistaken killing of civilians in armed conflict. This occurs when a civilian is intentionally killed by armed forces because he or she is mistakenly believed to pose a threat ...
Confronting (In) Security: Forging Legitimate Approaches to Security and Exclusion in Migration Law
(2016-09-20)
Perceived connections between security concerns and migration are a central preoccupation of our time. This dissertation explores how the preoccupation has played out in the Canadian context and asserts that a basic and ...
The Nature and Value of Access to Information Laws in Canada and the EU: Ideals, Practices and Perspectives
(2016-11-25)
This research aims to address the rhetorical claims about transparency and access to information (ATI) by asking questions like: Why they are important, and if they are, are they worth of constitutional protection? The ...