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Epistemological Justice in Strategic Challenges to Legislation under Section 7 of the Canadian Charter of Rights and Freedoms
(2021-03-08)This dissertation responds to two recent developments in the landscape of Canadian constitutional litigation. First, the advent of the Canadian Charter of Rights and Freedoms has invited a wave of strategic constitutional ... -
Regional Economic Community Courts and the Advancement of Environmental Protection and Socio-economic Justice in Africa: Three Case Studies
(2021-03-08)Focusing on three regional economic communities (REC) courts in Africa that nevertheless possess a human rights jurisdiction i.e. the Court of Justice of the Economic Community of West African States (the ECOWAS Court), ... -
Refugee Camps: In Search of the Locus of the Accountability of the United Nations High Commissioner for Refugees (UNHCR) Under International Law
(2021-03-08)In this dissertation, I investigate the question how, and to what extent, can the office of the United Nations High Commissioner for Refugees (UNHCR) be held accountable, under international law, for its contribution to ... -
Self-determination as resistance to legal violence: Jurisdiction, property, and the geographies of conflict in Unistoten and Xolobeni
(2021-03-08)Indigenous peoples struggles of the right to self-determination are often framed as claims against a unified state. However, explanation of the forces inhibiting the expression of Indigenous self-determination should not ... -
Fighting Climate Change with the Charter: An Inquiry into the Effects of Litigating the Right to a Healthy Environment
(2021-03-08)This thesis examines whether the litigation of the legal right to a healthy environment can adequately advance the values of its supporters. This question is answered through examining scholarly arguments in favour of the ... -
Lawyering from Below: Activist Legal Support in Contemporary Canada and the US
(2021-03-08)A vast literature has considered the proactive use of law as a tool by progressive social movements, but far less attention has been paid to the way activists respond to involuntary engagement with law as a result of ... -
Access to Environmental Justice: NGO Environmental Advocacy on Mining-Related Environmental Issues in Mongolia
(2021-03-08)In this thesis, I apply the theory of environmental justice to determine how NGOs use substantive and procedural environmental rights to advocate for mining-affected nomadic communities in Mongolia. Environmental NGOs often ... -
The Regulation of Paralegals in Ontario: Increased Access to Justice?
(2021-03-08)The legal profession throughout most of Canada enjoys the privilege of self-regulation and a (purported) monopoly over legal practice. In Ontario, the Law Society must regulate so as to facilitate access to justice and ... -
The Transnational Mining Justice Social Movement: Indigenous Right to Consultation & Right to Remedy Law Reform Activism in Canada and Latin America From 1999-2019
(2020-11-13)This portfolio dissertation studies the activism of the transnational mining justice social movement in Canada and Latin America from the late 1990s to 2019. It focuses on two of the movements most significant human rights ... -
Sex Workers and the Best Interests of their Children: Identifying Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
(2020-11-13)Sex worker parents often lose custody of their children. The purpose of this research was to determine what impact the status of a parent as a past or present sex worker has had on judicial decision-making in custody and ... -
Liquid Laws: Extractivism and Unstable Authority
(2020-11-13)This thesis concerns the co-constitution of extractivism and claims to authority, particularly in contexts where the legal narrative hides the ways that extractivism is facilitated. I examine how law implicitly structures ... -
Procedural Discretionary Decisions and Access to Justice Before Administrative Tribunals
(2020-11-13)This thesis considers procedural discretionary decision-making by administrative tribunals and access to justice for marginalized and low-income individuals. I begin by reviewing literature regarding discretionary ... -
Towards Implementing the Truth and Reconciliation Commission's Calls to Action in Law Schools: A Settler Harm Reduction Approach to Racial Stereotyping and Prejudice Against Indigenous Peoples and Indigenous Legal Orders in Canadian Legal Education
(2020-11-13)Many Canadian law schools are in the process of implementing the Truth and Reconciliation Commissions Call to Actions #28 and #50. Promising initiatives include mandatory courses, Indigenous cultural competency, and ... -
Towards Development Justice: Re-Visiting the Accountability of the World Bank and the IMF from a Right to Development Perspective
(2020-11-13)This dissertation investigates how development justice can be realized through an international accountability praxis that is grounded on the core principles of the United Nations Declaration on the Right to Development, ... -
Re-Visiting the 'Resource Curse': Law and Mining Governance in Southern African Developmental States
(2020-08-11)Using the case studies of Botswana, South Africa, and Zambia, this dissertation interrogates the applicability of the developmental state paradigm to mining developmentalism in Southern Africa. Since the advent of neoliberal ... -
The Nexus Standard and its Implications for International Tax Competition and Soft Law
(2020-08-11)This dissertation investigates the importance of the nexus approach to international taxation. The nexus approach was first adopted in Action 5 of the G20/OECD Base Erosion and Profit Shifting (BEPS) Project and has since ... -
Mining Conflict, Indigenous Peoples and Environmental Justice: The Case of Phulbari Coal Project in Bangladesh
(2020-08-11)My doctoral dissertation, an in-depth case study of the Phulbari Coal Project in Bangladesh, accentuates the interests and engagements of Indigenous peoples (Adibasi people) in the decision-making process in resource ... -
Using Charter Damages to Provide Meaningful Redress and Promote State Accountability: A Re-examination of the Omar Khadr Case
(2020-08-11)In July 2017, the Government of Canada reportedly paid Omar Khadr $10.5 million to settle his civil suit. Khadr sought damages under the Canadian Charter of Rights and Freedoms resulting from Canada's active participation ... -
Hryniak, the 2010 Amendments, and the First Stages of a Culture Shift?: The Evolution of Ontario Civil Procedure in the 2010s
(2020-05-11)This dissertation investigates the effects of amendments to Ontarios Rules of Civil Procedure that came into effect on January 1, 2010 (the 2010 Amendments) and were subject to interpretation by the Supreme Court of Canada ... -
Disability's Encounter with Legislation and Governance: Long-Term Care Homes in Ontario
(2020-05-11)This dissertation is a comprehensive study of the new legal framework for the long-term care (LTC) sector (also known as nursing homes) in Ontario, Canada. The research sought to answer the following question: What are the ...
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