Content Posted in 2023 | Allard Research Commons | The Peter A. Allard School of Law Research

Skip to main content

Content Posted in 2023

44(1) Front Matter

45(1) Front Matter

45(2) Front Matter

45(3) Front Matter

46(1) Front Matter

46(2) Front Matter

46(3) Front Matter

47(1) Front Matter

47(2) Front Matter

47(3) Front Matter

48(1) Front Matter

48(2) Front Matter

48(3) Front Matter

49(1) Front Matter

49(2) Front Matter

50(1) Front Matter

50(2) Front Matter

50(3) Front Matter

50(4) Front Matter

51(1) Front Matter

51(2) Front Matter

51(3) Front Matter

52(1) Front Matter

52(2) Front Matter

52(3) Front Matter

53(1) Front Matter

53(2) Front Matter

53(3) Front Matter

53(4) Front Matter

54(1) Front Matter

54(2) Front Matter

54(3) Front Matter

55(1) Front Matter

55(2) Front Matter

55(3) Front Matter

Aboriginal Title and Controlling Liberalization: Use It Like the Crown

Aboriginal Title: Travelling from (Or to) an Antique Land

Accessing Justice: The Legal Profession's Role in Serving the Public's Diverse Legal Needs

"A Code Red for Humanity": Judicial Relevance in a Time of Climate Emergency, Margot Young

A "Comparative Constitutional Powerhouse" in Action: An Empirical Study of the Supreme Court of Canada's Use of Comparative Law Based on Interviews and Case Citations

A Crisis of Conscience: Miscarriages of Justice and Indigenous Defendants in Canada

A Delicate Balance: The Challenges Faced by Our Democratic Institutions in Reconciling the Competing Rights and Interests of a Diverse Population

A Dividend of Diversity: The Impact of Diversity on Organizational Decision Making

Administrative Law and the Governance of Automated Decision Making: A Critical Look at Canada's Directive on Automated Decision Making

Agreeing to Share: Treaty 3, History & the Courts

A Leopard Cannot Hide Its Spots: Unmasking Opposition to the UN Declaration on the Rights of Indigenous Peoples Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

A Matter of Integrity: Rule of Law, the Remuneration Reference and Access to Justice

A Necessary Look at Necessity Jurisdiction

An Ethnographic View of Legal Entanglements on the Salish Sea Borderlands

An Indeterminate Theory of Canadian Corporate Law

Another Good Thing: Ross River Dena Council v Canada in the Yukon Court of Appeal, Or: Indigenous Title, Presentism in Law and History, and a Judge Begbie Puzzle Revisited

Apples, Oranges, and Steel: The Effect of Mandatory Minimum Sentences for Drug Offences on the Equality Rights of Aboriginal Peoples

A Precarious Chancy Situation: Aboriginal Gaming Rights in Canada

A Reconciliation without Recollection - Chief Mountain and the Sources of Sovereignty

A Tale of Two Courts: The New Westminister First Nations Court and the Colville Tribal Court

A Theory of Information in the Canadian Law of Judicial Review: Record Rules in a Post-Vavilov World

Awakening Section 8 in Wakeling: Legal Implications on Wiretaps, Intercepts, Intelligence Sharing and beyond

Blunting the Edge: Federalism, Criminal Law, and the Importance of Legislative History after the Reference Re Assisted Human Reproduction Act

Boys, You Should All Be in Hollywood: Perspectives on the Mr. Big Investigative Technique

Breaking the Purposive Barrier: Embracing Non-Repetition as a Guiding Principle for Subsection 24(2) of the Charter

Bursting Its Bounds: Ownership and the City

Canada Stands Alone: A Comparative Analysis of the Extraterritorial Reach of State Human Rights Obligations, Leah West

Canada's Wonderlands: Can a Convicted Sex Offender Subject to a Section 161(1)(A) Order Legally Enter an Amusement Park?

Canadian Federalism's Underlying Question: What It Is and Why It Matters

Can There Be Too Much Context in Administrative Law: Setting the Standard of Review in Canadian Administrative Law

Case Comment on Goodwin v British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46: Reviewing the Consequences of a Search or Seizure in Administrative Regimes

Child Placement and the Legal Claims of Foster Caregivers

Claims of Sovereignty - Burdens of Occupation: William and the Future of Reconciliation

Clearing Your History: A Review of Non-Consensual Distribution of Intimate Images in Canada and Future Responses

Collaborative Law at 25: A Canadian Study of a Global Phenomenon

Common Property Redux

Consequences of the Criminalization of Trade Secret Theft in Canada

Constituting Bodies into the Future: Toward a Relational Theory of Intergenerational Justice

Constitutional Or Political Crisis: Prosecutorial Independence, the Public Interest, and Gender in the SNC-Lavalin Affair

Context, Choice, and Rights: PHS Community Services Society v Canada (Attorney General)

Controlling Fairness in Standard Form Contracts: What Can Courts Do, and What Should They Do?

Corporate Social Responsibility and Corporate governance: Japanese Firms and Selective Adaptation

Corporate Social Responsibility in the Pacific Rim: Drawing the Boundaries Corporate Social Responsibility in the Pacific Rim: Keynote Speech

Corporate Veil-Piercing and Structures of Canadian Business Law

Corporations on the Couch: Is Therapeutic Disclosure a Kind of Madness, Bryce C. Tingle

Criminality and Inequity Under Canada's Legalization of Cannabis: A Study of Vancouver's Downtown Eastside, Stephanie Lake and Margot Young

Criminal Law & Digital Technologies: Drawing Lessons from the Canadian and American Experiences

Cultural Factors in the Law

Cutting the Cord: The Independence of Corporate Spinoffs in Canada

Dagenais 2.0: Technology and Its Impact on the Dagenais Test

Declaratory Legislation: Legislatures in the Judicial Domain Case Comment

Deliberative Constitutional Referendums in Deeply Divided Societies Special Section: Deliberative Democracy, Peace Referendums, and Constitutional Settlement

Digital Media, Video Games, and the Law Introductory Essay

Directors' Liability in Canadian Tax Law: Critically Analyzing the Due Diligence Standard, Samuel Singer and Monica Cheng

Diversity and Professionalism in the Practice of Law

Diversity in the Law: Arguments and Perspectives Special Issue: Diversity in the Law: Preface

Does a Will Stand a Chance under the Current Interpretation and Application of Dependants' Relief Legislation in British Columbia

Does the Notice of Objection Mechanism Available to Civil Resolution Tribunal Small Claims Parties Enhance Access to Justice?

Equality Rights, Ratio Identification, and the Un/Predictable Judicial Path Not Taken: Quebec (Attorney General) V A and R V Ibanescu

Examining the websites of Canada's Top Sex Crime Lawyers: The Ethical Parameters of Online Commercial Expression by the Criminal Defence Bar

Exclusively Yours: Reconsidering Interjurisdictional Immunity

Exclusive Occupation and Joint Aboriginal Title

Experts on Trial: Unearthing Bias in Scientific Evidence

Extending Health Care Entitlement to Lawful Non-Transient International Migrants: Untapped Potential of the Universality Principle in the Canada Health Act

Failed Experiments: An Empirical Assessment of Adaptive Management in Alberta's Energy Resources Sector

Federalism and Interprovincial Infrastructure Disputes in Canada

Feminism in Conversation: Campus Sexual Violence and the Negotiation within

Filling the Normative Hole at the Centre of Access to Justice: Toward a Person-Centred Conception

Finding Nemo Dat in the Land Title Act: A Comment on Gill v Bucholtz Case Comment

Finding Reconciliation in Dark Territory: Coastal Gaslink, Coldwater, and the Possible Futures of DRIPA Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

Forensic Bitemark Identification Evidence in Canada

Forum Selection Clauses before Canadian Courts: A Tale of Two (or Three) Solitudes

Freedom of Religion under the Charter of Rights: The Limits of State Neutrality

Fresh Consideration Rule: Insights from Its Resurrection in Quach v Mitrux Services Ltd

From Nevsun v Araya to the Core: Taking Stock of State-Based Business and Human Rights Grievance Mechanisms in Canada

Full Disclosure: Family Violence and Legal Ethics

Gender and Violence: Drawing on Indigenous Legal Resources

Gender Diversity: Preparing for the New Legal Environment

General and Specific Intent: The Quiet Death of the Substantive Understanding

Gifts and Contracts: A Comparison with Quebec Civil Law

Good Faith Not Good for Consistency: Irreconcilable Results in Wastech and Callow

Hedge Fund Activism Canadian Style

High-Rise Residential Condominiums and the Transformation of Private Property Governance

Home Invasion by Regulation: Truckers and Reasonable Expectations of Privacy under Section 8 of the Charter

How to Assess Obscenity: A Legal Realism Interpretation of the Legal Standards for Obscenity

Human Rights and Precarious Workplaces: A Comment on British Columbia Human Rights Tribunal v Schrenk Case Comments

I Am Not a Caped Crusader: Clinical Legal Education and Professional Identity Formation

Imperfect Evidence and Uncertain Justice: An Exploratory Study of Access to Justice Issues in Canada's Asylum System

Implementing UNDRIP: An Analysis of British Columbia's Declaration on the Rights of Indigenous Peoples Act Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

Indigenous Self-Government and the Future of Administrative Law

In Plain View: R v Jones and the Challenge of Protecting Privacy Rights in an Era of Computer Search

In Search of an Ecological Approach to Constitutional Principles and Environmental Discretion in Canada Special Section: Canada and Climate Change

Intellectual Property Rights in the Recreational Cannabis Market: Craft or Commodity

Interest, Insolvency, and Prairie Farm Debt: An Historical Analysis of Reference as to the Validity of Section 6 of the Farm Security Act, 1944 (Saskatchewan), Virginia Torrie

Intersecting Challenges: Mothers and Child Protection Law in BC

Introduction: Corporate Social Responsibility in the Pacific Rim Corporate Social Responsibility in the Pacific Rim: Preface

Investigating the Failure of Resettlement and Rehabilitation in Development Projects: A Critical Analysis of the World Bank's Policy on Involuntary Resettlement Using Lessons from Uganda's Bujagali Hydroelectric Project

Involuntary Creditors and Corporate Bankruptcy

IPEELEE and the Duty to Resist

Issues Associated with the Implementation of the Duty to Consult and Accommodate Aboriginal Peoples: Threatening the Goals of Reconciliation and Meaningful Consultation

Judicial Ethics in a Digital Age

Judicially Licensed Unconstitutionality

Judicial Misconduct in the Sexual Assault Trial

Justice as Justifiability: Mandatory Minimum Sentences, Section 12, and Deliberative Democracy

Kigyo No Shakai-Teki Sekinin: Challenges for Corporate Social Responsibility in Japan

Lawyers and Court Representation of Organized Pseudolegal Commercial Argument [OPCA} Litigants in Canada

Leaks in the System: Environmental Flows, Aboriginal Rights, and the Modernization Imperative for Water Law in British Columbia

Legislation and beyond: Implementing and Interpreting the UN Declaration on the Rights of Indigenous Peoples Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

Legislative Comment: Family Property Division under the Family Law Act 2011

Lenses of Comparison across Continents: Understanding Modern Aboriginal Title in Tsilhqot'in Nation and Ngati Apa

Lessons for Indigenous Property Reform: From Membership to Ownership on Nisga'a Lands

Limited Admissibility and Its Limitations

Location Matters: How Nuisance Governs Access to Property for Free Expression

Low-Carbon-Emissions Standards and the WTO: Do California Measures Targeting Greenhouse Gas Emissions Discriminate against Canadian Oil

Malice, Qualified Privilege, and the New Responsible Communication Defence to Defamation: Which Way Forward for Investigative Journalism in Canada Case Comment

Manifest Madness: Mental Incapacity in Criminal Law, Arlie Loughnan Book Review

Measuring Legal Service Value

Mere Evidence: Why Customs Searches of Digital Devices Violate Section 8 of the Charter

Mining and Access to Justice: From Sanction and Remedy to Weak Non-Judicial Grievance Mechanisms

Moral Rights and Mods: Protecting Integrity Rights in Video Games

More than Money: Using International Law of Reparations to Determine Fair Compensation for Infringements of Aboriginal Title

Multiple-Parent Families under British Columbia's New Family Law Act: A Challenge to the Supremacy of the Nuclear Family or a Method by Which to Preserve Biological Ties and Opposite-Sex Parenting

Municipalities and the Duty to Consult Aboriginal Peoples: A Case Comment on Neskonlith Indian Band v. Salmon Arm (City) Case Comments

Neutrality Law, Anti-Terrorism, and Foreign Fighters: Legal Solutions to the Recruitment of Canadians to Foreign Insurgencies

On Pardons and Miscarriages of Justice: Extracting and Dissecting Institutional Bias from the Conviction Review Framework in Canada

Opposing Mr. Big in Principle

Originalist Reasoning in Canadian Constitutional Jurisprudence

Origins of Modern Restorative Justice: Five Examples from the English-Speaking World, the

Overcoming the Dispositionism of Aboriginal Rights in Canada: Culture in the Mind versus Life in the World

Owning and Dissolving Strata Property

Paradigm Shift: Towards a New Model for Refugee Status Determination in Canada

Paternal Filicide and Coercive Control: Reviewing the Evidence in Cotton v Berry

Performing Sovereignty in a Time of Ideological Instability: BC's Bill and the Reception of UNDRIP into Canadian Law Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

Persistent and Emerging Questions about the Use of End-User Licence Agreements in Children's Online Games and Virtual Worlds

Piercing the Corporate Veil Reframed as Evasion and Concealment

Pokemorials: Placing Norms in Augmented Reality

Policies & Prejudice: The Mandatory Disclosure of Liability Insurance Policies & Policy Limits in Tort Litigation in Canada

Precedent, Principles, and Presumptions

Private Property and Aboriginal Title: What Is the Role of Equity in Mediating Conflicting Claims

Property and Sovereignty: An Indian Reserve and a Canadian City

Property in the City: Special Edition Introduction

Putting Therapeutic Jurisprudence on Edge: A Gendered Engagement

Rare Diseases and Resource Allocation Policy: The Role of Canadian Legal and Ethical Norms

Recasting Our Wild Neighbours: Contesting Legal Otherness in Urban Human-Animal Conflicts

Reconsidering a Lawyer's Obligation to Raise Adverse Authority

Regulation of Health-Related Artificial Intelligence in Medical Devices: The Canadian Story, Michael Da Silva, Colleen M. Flood, and Matthew Herder

Regulatory Capture and the Role of Academics in Public Policymaking: Lessons from Canada's Environmental Regulatory Review Process

Re-Imagining Indigenous Peoples' Role in Natural Resource Development Decision Making; Implementing Free, Prior and Informed Consent in Canada through Indigenous Legal Traditions

"Resort to the Easy Answer": Gladue and the Treatment of Indigenous NCRMD Accused by the British Columbia Review Board

Rethinking Canadian Defamation Law as Applied to Corporate Plaintiffs

Rethinking Compensation for Expropriation

Rhetoric and Realities: What Independence of the Bar Requires of Lawyer Regulation

Section 15 of the Canadian Charter of Rights and Freedoms of the Future of Federal Regulation of Indian Status

Self-Determination, Subordination, and Semantics: Rhetorical and Real-World Conflicts over the Human Rights of Indigenous Women

Set-off & Security Interests

Sharing Data in the Platform Economy: A Public Interest Argument for Access to Platform Data

Social Cost of Carbon in Environmental Impact Assessment

Somatic Oppression and Relational Autonomy: Revisiting Medical Aid in Dying through a Feminist Lens

So You Want to Implement UNDRIP... Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

Spaces and Challenges: Feminism in Legal Academia

Spaces for Sharing: Searching for Indigenous Law on the Canadian Legal Landscape

Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act: Foreword

Stealing Masks and Amulets: What's Law Got to Do with It

Still Seeking Justice: The Marshall Inquiry Narratives

Striking the Right Balance: Rethinking the Contest between Freedom of Religion and Equality Rights in Trinity Western University v the Law Society of British Columbia Case Comment

Supreme Court of Canada Affirms the Request Principle in R v Imperial Tobacco Addendum

Tenant Protections in Mobile Home Park Closures

Terrorism Sentencing Decisions in Canada Since 2001: Shifting away from the Fundamental Principle and towards Cognitive Biases

The 2012 Supreme Court Copyright Decisions & Technological Neutrality Case Comment

The Agency Cost Case for Regulating Proxy Advisory Firms

The Anthropocene in the Time of Trump, Financial Markets, Climate Change Risk, and Vulnerability

The Attorney General's Forgotten Role as Legal Advisor to the Legislature: A Comment on Schmidt v Canada (Attorney General) Case Comments

The Call to Diversify the Legal Profession

The Case for a Canadian Nondelegation Doctrine

The Challenge to Multiculturalism: Hate Speech Ban in Japan

The Charter Right to Refuse Psychiatric Treatment: A Comparative Analysis of the Laws of Ontario and British Columbia concerning the Right of Mental-Health Patients to Refuse Psychiatric Treatment

The Chiarelli Doctrine: Immigration Exceptionalism and the Canadian Charter of Rights and Freedoms

The Culture of Justification in Administrative Law: Rationales and Consequences

The Data Divide: Managing the Misalignment in Canada's Evidentiary Requirements for Drug Regulation and Funding

The Day Canada Said No to the Death Penalty in the United States: Innocence, Dignity, and the Evolution of Abolitionism

The Debate That Never Should Have Been: Dworking, Hart, and the Analytical Project

The Deification of Process in Canada's Duty to Consult: Tsleil-Waututh Nation v Canada (Attorney General)

The Deliberative Mandate Referendum Special Section: Deliberative Democracy, Peace Referendums, and Constitutional Settlement

The Direct Voice in Legal Discussions on Equality: An Essay

The Durability of Terra Nullius: Tsilhqot'in Nation v. British Columbia

The Edgy State of Decolonization at the Canadian Museum of History

The Failure of the Delgamuukw Test of Proof of Aboriginal Title

The Gender of Lying: Feminist Perspectives on the Non-Disclosure of HIV Status

The Genealogy of Core Jurisdiction

The Gladue Analysis: Shedding Light on Appropriate Sentencing Procedures and Sanctions

The Growth of Vancouver as an Innovation Hub: Challenges and Opportunities

The Idea of Property in Intellectual Property

The Individualistic Approach to Arbitrariness, Overbreadth, ad Gross Disproportionality

The Initial Test of Constitutional Validity: Identifying the Legislative Objectives of Canada's New Prostitution Laws

The Law of Haunted Houses: A Comment on Stigmatized Properties following Wang v Shao

The Lawyer as Advisor and the Practice of the Rule of Law

The Legitimacy of the Constitutional Arbitration Process in a Multinational Federative Regime: The Case of the Supreme Court of Canada

The Major Project of Reconciliation: Locating an Indigenous Consent Standard Within the BC Environmental Assessment Act, 2018, Josh Friedman

"The Next 10 Years": Keynote Address on the 10th Anniversary of the Federation of Asian Canadian Lawyers, Carol Liao

The Official Development Assistance Accountability Act: Global Justice and Managerialism in Canadian Law

The Opioid Crisis and Section 7: Charter Implications of Safe Supply and Simple Possession

The Perils of Federalizing the Common Law: A Case Study of the ITA Gift Concept

The Professionalization of BC Notaries 1981-2010: From the Brink of Elimination to the Brink of Expansion

The Public Right to Fish and the Triumph of Colonial and Dispossession in Ireland and Canada

The Race to the Bottom: Comity and Cooperation in Global Internet Takedown Orders

The Recognition of Aboriginal Title and Its Relationship with Settler State Land Titles System

The Regulation of Synthetic Nucleic Acids under the Human Pathogens and Toxins Act

The Relaxation of Representative Standing in Administrative Law: A Side Effect of Charters of Rights

The Right to Control and Access Genetic Research Information: Does McInerney Offer a Way out of the Consent/Withdrawal Conundrum

The Risks of Technology in the Law Classroom: Why the Next Great Development in Legal Education Might Be Going Low-Tech

The Road Not Taken: Reserving Lands for Exclusive Indigenous Use and Occupation

The Role of Science in Contemporary Canadian Environmental Decision Making: The Example of Environmental Assessment Special Section: Canada and Climate Change

The Science, Law, and Politics of Canada's Pathways to Paris: Introduction to UBC Law Review's Special Section on Canada and Climate Change Special Section: Canada and Climate Change

The Sentencing of Aboriginal Accused with FASD: A Search for Different Pathways

The Slow and Rocky Road to Reforming the British Columbia Offence Act Legislative Comment

The Standard of Care for Children Engaged in Adult Activities: Not Exactly Child's Play

The Super Panel Doctrine

The Trouble with Wigmore: A New Approach to Implied Waiver of Solicitor-Client Privilege

The Tsilqot'in Case: The Recognition and Affirmation of Aboriginal Title in Canada Case Comment

The Tyranny of Equality and the Torment of Equity The 2013 Southin Lecture

The United Nations Declaration on the Rights of Indigenous Peoples and the Division of Powers: Considering Federal and Provincial Authority in Implementation Special Issue: British Columbia's Declaration on the Rights of Indigenous Peoples Act

The Virtue of Judicial Restraint, or Who Guards the Guardians?

The Woodlands School Litigation and Settlement: Further Complications for Historical Abuse Claims

Thinly Construing the Nature of the Act Legally Consented to: The Corrosive Impact of R v Hutchinson on the Law of Consent

Title Registration and the Abolition of Notice in British Columbia

Tort's Response to Surrogate Motherhood: Providing Surrogates with a Remedy for Breached Agreements

Towards Reconcilliation: A Proposal for a New Theory of Crown Sovereignty

Transnational Business, CSR, and Governance in China

Transnational Torts against Private Corporations: A Functional Theory for the Application of Customary International Law Post-Nevsun

Treaties in History and Law

Tribute to Professor Judith Mosoff

Tsilhqot'in Law of Consent

Tsilhqot'in Nation v. BC: Reconfiguring Aboriginal Title in the Name of Reconciliation

Twenty Years of the OECD Anti-Bribery Convention: National Implementation and Hybridization

Unappealing: An Assessment of the Limits on Appeal Rights in Canada's New Refugee Determination System

Understanding Trade as a Whole in the Securities Reference Case Comment

Under the IRPA and after Irving: The Right to Standing before the Federal Court for Canadian Children Seeking to Challenge Their Parents' Deportations

UNDRIP and the Renewed Application of Indigenous Laws in the Common Law

Unjust Factors, Absence of Juristic Reason and the Development of Canadian Unjust(ified) Enrichment Law

Unmixing the Mixed Questions: A Framework for Distinguishing between Questions of Fact and Questions of Law in Contractual Interpretation

Updating the Procedural Law of Judicial Review of Administrative Action

Van der Peet Turns 20: Revisiting the Rights Equation and Building a New Test for Aboriginal Rights

Warm Climate, Slow Change: Climate Tort Claims in Canada and the Potential for Legislative Intervention

Who Makes Decisions over Aboriginal Title Lands

Wilful Blindness: A Confused and Unnecessary Basis for Criminal Liability

Worn Out Faces: Repeat Self-Represented Litigants at the Supreme Court of Canada

Wrongful Convictions: Determining Culpability When the Sand Keeps Shifting

Yah'guudang: The Principle of Respect in the Haida Legal Tradition