Therapeutic Appellate Decision-Making in the Context of Disabled Litigants

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities

Canada’s Implementation of Australian Immigration Detention Legislation

Since 2010, Canada has moved to implement three elements of migration policy that have existed in Australia for some time. Canada has proposed the introduction of provisional partner visas, which will require the holder of a spouse visa to remain in the relationship for two years in Canada before permanent residence can be granted (subject to exceptions for family violence and other matters beyond the control of the applicant). Canada’s regulation of the immigration advice profession mirrors Australia’s regulatory system closely. Finally, and most controversially, Bill C-4 of 2011 will, if enacted, bring in a form of mandatory immigration detention that closely follows Australia’s first mandatory immigration detention laws, which were enacted in 1992. This paper compares Bill C-4 with the Australian Migration Amendment Act 1992, and demonstrates the considerable resemblance between them. I will then discuss the likely future of the Canadian legislation, which I will argue is likely to be significantly different to the fate of the Australian legislation, which was found to be constitutionally valid by the High Court of Australia in Lim v Minister for Immigration, Local Government and Ethnic Affairs, although contrary to Australia’s international obligations in the UN Human Rights Committee opinion in A v Australia. Bill C-4, on the other hand, would be very likely to be found to be in breach of the Charter, especially given the precedent of Charkaoui v Canada (Citizenship and Immigration). Finally, I ask whether Canada, in a practical sense, even needs Bill C-4, given the fact that only two boats of unauthorised arrivals have reached Canada since the election of the current government in 2006.Key words: Immigration law; Constitutional law; Comparative administrative la

Therapeutic Appellate Decision-Making in the Context of Disabled Litigants

This Article explores ways in which appellate decision-making can be enhanced so as to minimize the counter-therapeutic consequences of the curial process for litigants and witnesses with psychiatric illnesses and intellectual disabilities

Symposium Introduction - Food Law: Challenges and Future Directions

Food law, viewed in historical context, through the lens of recent human rights instruments, and in the glare of modern globalisation, is necessarily international. However, as yet international approaches toward trade restrictions and tariffs, provision of aid, processes to regulate the growing,sale, contamination, labelling and distribution of food, as well as crop production are substantially at variance. So too are legal responses, including criminal liability, coronial inquests and the civil liability of regulators. However, there is much to be said for better discourse about such matters at an international level through an International Associationof Food Law and Policy in order to explore the potential to reduce inconsistencies, based upon scientific approaches to health and safety and the creation of coherent approaches to what are essentially transnational dilemmas

A Physical and Geochemical Characterization of Southwestern Ontario\u27s Breathing Well Region

The geology and groundwater geochemistry are described for a 1400km2 breathing well zone within a Middle Devonian, karstic carbonate aquifer system in southwestern Ontario. Breathing wells are unusual because they draw in or emit large volumes of air, depending on fluctuations in atmospheric pressure which causes an exchange of gases between the atmosphere and the subsurface. To better understand this connection, geochemical, hydraulic, and barometric data were used to investigate interconnectivity within the breathing well zone. Spatial and temporal analyses reveal that a significant amount of unsaturated void space exists within the Lucas Formation, and that hypoxic and high CO2 gases are emitted during low atmospheric pressure periods. The groundwater chemistry displays elevated trace metals (e.g. Ag, Cu, Pb, Zn) and SO42- resulting from combined evaporite dissolution and sulphide oxidation. This study provides data useful in understanding the type of environment in which breathing wells are found, and the nature of the subsurface vadose zone gases and groundwater movement in these systems. Keywords Breathing wells, karst, geochemistry, stable isotopes, hydrogeology, sulfide oxidation, evaporite dissolution, barometric loggin