Speaking up for Others : Locus Standi and Representative Bodies

This article addresses the issue of whether a representative body such as a trade association would, in the ordinary course, enjoy standing to present a public law question to the court on behalf of one or more of its members where there is no more compelling demand for representative advocacy other than the interests of convenience or public relations. The author canvasses recent case law in Canada and concludes that it tends to a marked restriction in public interest access to the courts. The success in obtaining standing would depend on a number of factors including the manner of conduct of the litigation, the political nature of the subject matter and, increasingly, the workload of the court.Dans le présent article, l'auteur analyse le problème de la qualité pour agir d'une association, par exemple, une organisation syndicale, afin de plaider devant les tribunaux une question de droit public au nom d'un ou de plusieurs de ses membres. Après une revue de la jurisprudence canadienne sur ce sujet, l'auteur constate que l'accès aux tribunaux devient de plus en plus restrictif et que le succès d'une telle entreprise dépend d'un certain nombre de facteurs, y compris la charge de travail du tribunal saisi

Stanley Fish, the Meaning of Academic Freedom and Social Responsibility

Copyright retained by author on pdf.01/27/2015Ye

Constitutional rights to supervised drug injection facilities in Canada

أصدرت المحكمة العليا بكندا في 30 سبتمبر 2011 أمراً للحكومة الكندية بمواصلة إعفاء مراكز حقن العقاقير المخدرة الخاضعة للرقابة في مدينة فانكوفر من القوانين الجنائية الكندية الخاصة بالعقاقير. لقد استمر عمل هذه العيادة التي تضاربت حولها الآراء، والمعروفة باسم Insite ، لمدة ثماني سنوات في أكثر الأحياء التي تعاني من المشاكل الاجتماعية والتحديات الاقتصادية بسبب الإدمان على المخدرات غير المشروعة. ويعد مركز Insite من المراكز الأولى من نوعها في أمريكا الشمالية، بالرغم من استمرار عمل مراكز حقن المخدرات الخاضعة للرقابة في أوروبا وأستراليا. في هذه المقالة، نستعرض ما أقرته المحكمة بناءً على النتائج الوقائعية لهذه العيادة والأساس الدستوري الذي استند إليه الرفض القضائي لسياسة الحكومة الصحية والجنائية. كما نناقش الآثار المترتبة على هذا القرار بالنسبة إلى المراكز المماثلة في جميع أنحاء كنداOn September 30, 2011, the Supreme Court of Canada ordered the government of Canada to continue to exempt Vancouver's supervised narcotic injection facility from Canada's criminal drug laws. The controversial clinic, known as Insite, had operated for eight years in one of the country's most socially troubled and economically challenged neighbourhoods struggling with addictions to illegal drugs. Insite was the first of its kind in North America, although supervised drug injection facilities continue in Europe and Australia. In this article we describe what the court accepted as the factual outcomes of this clinic and the constitutional basis for this judicial rejection of government health and criminal policy. We also consider the implications of this decision for similar facilities across Canada

Canada Opens its Courts to Overseas Human Rights Abuses

On February 28, 2020, the Supreme Court of Canada by a five-to-four majority in its Nevsun Resources Ltd v Araya decision, refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea. Canadian courts are open to hear claims under Canadian law for wrongs committed outside Canada

Sphere Encapsulated Monte Carlo: Obtaining Minimum Energy Configurations of Large Aromatic Systems.

We introduce a simple global optimization approach that is able to find minimum energy configurations of clusters containing aromatic molecules. The translational and rotational perturbations required in Monte Carlo-based methods often lead to unrealistic configurations within which two or more molecular rings intersect, causing many of the computational steps to be rejected and the optimization process to be inefficient. Here we develop a modification of the basin-hopping global optimization procedure tailored to tackle problems with intersecting molecular rings. Termed the Sphere Encapsulated Monte Carlo (SEMC) method, this method introduces sphere-based rearrangement and minimization steps at each iteration, and its performance is shown through the exploration of potential energy landscapes of polycyclic aromatic hydrocarbon (PAH) clusters, systems of interest in combustion and astrophysics research. The SEMC method provides clusters that are accurate to 5% mean difference of the minimum energy at a 10-fold speed up compared to previous work using advanced molecular dynamics simulations. Importantly, the SEMC method captures key structural characteristics and molecular size partitioning trends as measured by the molecular radial distances and coordination numbers. The advantages of the SEMC method are further highlighted in its application to previously unstudied heterogeneous PAH clusters

The Doha Declaration and Beyond: Giving a Voice to Non-Trade Concerns Within the WTO Trade Regime

The World Trade Organization (WTO) has been a significant force in the liberalization of trade across international borders since its inception in 1995. Commentators suggest that its reforms have converted the focus of international trade policy from removal of barriers to positive policy-making--a field historically occupied by domestic authorities. And although largely successful in the promotion of international trade, the Authors suggest that the binding provisions of the WTO ignore non-trade concerns such as environmental protection, consumer rights, labor rights, and state sovereignty. The Agreement\u27s inattention to these related concerns is the primary locus of criticism of the WTO, culminating in the breakdown of the 1999 Ministerial Meeting in Seattle, Washington. The Article examines the relationship between the Agreement and environmental, consumer protection, and labor policy, as well as the implications of WTO membership on state sovereignty. The Authors conclude that to improve the WTO\u27s treatment of non-trade concerns, the WTO must increase participation to include non-trade stakeholders, develop and support expertise within the WTO to address non-trade concerns, and follow the blueprint articulated in the Ministerial Declaration at the Fourth Ministerial Conference in Doha. The Declaration recognizes the importance of non-trade concerns and suggests a course of action that is likely to require the WTO to more squarely address the relationship between trade and non-trade policy

Whatever Happened To ... Feeney?

Article deposited after permission was granted by LRC, June 11, 2013.The article presents an investigation on the case of Michael Feeney and how his case changed the process of police searches and seizures for suspected criminals. It mentions that he was factually guilty of the crime, however, his conviction was overturned since all the evidence which directed towards him has violated his Charter rights. Due to this incident, the government of Canada has amended the Criminal Code to develop a "Feeney warrant" for police searches and seizures..N

Reinstatement

Author has retained copyright of article. Article was deposited after permission was granted by CPLEA 06/01/201

What is Wrong with Corruption?

Article deposited after permission was granted by LRC, June 11, 2013.The article focuses on corruption and the harm it causes. It says that corruption is the immoral abuse of power by a person for unauthorized personal gain. It states that public corruption took place in the wide domain of government activity which regulates private activities, while private corruption involves private parties abusing their power relations with some of private parties. It adds that corruption leads to human suffering and represses investment and economic growth.N

Minimum or Reasonable Notice of Termination?

Article deposited after permission was granted by LRC, June 11, 2013.The article discusses the case of both sales personnel Marek and Gilles, which the issue surrounds on the wrongful dismissal in Ontario. It states that the courts list several criteria to determine common law notice to evaluate the action of the company dismissing employees without notice. It explains that the issue was just an accidental error by the employer who was willing to correct by it good faith through paying full legal entitlement.N