Now showing items 1-6 of 6
Indigenous Blockades and the Power to Speak the Law: From Settler Colonialism to Indigenous Resurgence
This thesis traces tensions between pluralism, elimination and resistance in the centuries-old narrative underlying the uncertain legal foundations of Crown sovereignty in the territory now known as Canada. The first half ...
Charter Damages: Private Law in the Unique Public Law Remedy
In 2010, the Supreme Court of Canadas decision in Vancouver (City) v Ward created a framework for a Charter damages claim. In two subsequent decisions, the Court deviated from Ward by relying extensively on private law ...
The Globalization of Crime Control: The Use of Non-criminal Justice Responses for Countering Organized Crime
This thesis examines domestic authorities’ use of non-criminal justice responses to counter organized crime. Examples of responses used to counter outlaw motorcycle gangs in Canada, Germany, and Iceland are provided. These ...
The Failure of the Canadian Human Rights Regime to Provide Remedies for Indigenous Peoples: Enough Time Has Passed
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, ...
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?
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 ...
Presumptive Deference and the Role of Expertise on Questions of Law in Canadian Administrative Law
Administrators in Canada are presumptively accorded deference on questions of law. This deference is grounded largely in expertise, a pragmatic justification for deference. This thesis examines the relationship of expertise ...