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Research Handbook on the Law and Politics of Migration
Catherine Dauvergne
As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their growing relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the political global agenda. The Research Handbook demonstrates that the overlap between law and politics puts the rule of law at risk in matters of migration.'
[From Research Handbook on the Law and Politics of Migration]
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Deliberative Peace Referendums
Ron Levy, Ian O'Flynn, and Hoi Kong
Referendums are now increasingly common in what can be called 'conflict societies' as a way of using the sovereign authority of the people to bring about new constitutional settlements. Cyprus, the Democratic Republic of the Congo, Eritrea, Guatemala, Iraq, Kenya, Kosovo, Montenegro, New Caledonia, Northern Ireland, Papua New Guinea, Somalia, South Sudan, Tanzania, and Timor-Leste are just some examples of countries where referendums have or will soon be held on these points. This book investigates the practice of referendums as a method of peacebuilding in conflict societies, their rationales, their successes, and their failures, ultimately arguing that the referendum's utility for conflict management in large part depends on its design, including how such design incorporates cautionary lessons from past trials.
[From Deliberative Peace Referendums | Ron Levy | 9780198867036| Oxford University Press Canada]
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Misrepresentation and (Dis)Honest Performance in Contracts, 2nd ed.
Bruce MacDougall
In this handy resource, MacDougall examines the role of the doctrine of misrepresentation in Canada today, both at common law and through the statutes of Canadian common law jurisdictions.
[From Misrepresentation and (Dis)Honest Performance in Contracts, 2nd Edition | LexisNexis Canada]
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Exporting Virtue?: China's International Human Rights Activism in the Age of Xi Jinping
Pitman B. Potter
Under the leadership of President Xi Jinping, China has attempted to change international human rights values to accommodate its own interests, causing increasing friction with international standards of law and governance.
Exporting Virtue? examines human rights as an example of China’s international assertiveness and considers the implications of internationalizing PRC human rights policy and practice. Pitman B. Potter suggests that in the absence of clear and enforceable global human rights standards, China uses its international influence to promote its human rights policies on global governance, freedom of expression, trade and investment policy, and labour and environmental regulation. The PRC’s efforts to export its human rights principles and standards exemplify the rise of authoritarian governance models internationally. Couched in terms of virtue but manifested as authoritarianism, China’s international human rights activism invites scholars and policy makers around the world to engage critically with the issue.
Drawing on both Chinese- and English-language sources, Exporting Virtue? investigates the challenges that China’s human rights orthodoxy poses to international norms and institutions, offering normative and institutional analysis and providing suggestions for policy response.
Students and scholars of China, international law, human rights, comparative law and politics, and international trade and investment policy will find this an indispensable work, as will policy communities focussed on China’s international relations and business practices.
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Duty to Protect: Corporate Directors and Climate-Related Financial Risk
Janis P. Sarra
Climate Risk Reporting Needs Clarity to Succeed
- Amid growing calls from regulators, financial standard organizations and institutional investors, Canadian corporations face pressure to adopt transparent climate-risk reporting. But first, they need greater clarity on the metrics and standards involved.
- Author Janis Sarra recommends that Canada clarify and adopt mandatory uniform reporting on climate metrics and finance, so that corporate officers and directors can offer investors information that is transparent, comparable year over year and comparable between companies in a sector.
- Governments can also provide more clarity through legislative reforms to further support directors in the transition to a low-carbon economy.
[From Duty to Protect: Corporate Directors and Climate-Related Financial Risk – C.D. Howe Institute]
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Life, Health, Property, Casualty: Canadian Insurance Company Directors and Effective Climate Governance
Janis P. Sarra
The insurance sector is important because it provides the financial safety net for many Canadians suffering losses associated with climate impacts. Insurance coverage is the guarantee that policyholder losses will be indemnified; yet climate-related weather events are growing in severity and frequency. Severe weather damage in Canada caused $2.4 billion in insured losses in 2020, and over half that amount was for flooding.
The guide sets out the legal duties of directors of insurers and offers insights into best practices, including how directors of insurance companies can begin to implement effective governance, strategies, risk management, targets, and metrics aligned with the Taskforce on Climate-related Financial Disclosures (TCFD) framework. Under financial services legislation, directors have an obligation to ensure the company is managed prudently so that there is sufficient capital that the promises to insurance policyholders and to annuities beneficiaries can be met.
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Climate-Related Legal Risks for Financial Institutions: Executive Brief
Janis P. Sarra and Elisabeth (Lisa) DeMarco
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The 2021 Annotated Bankruptcy and Insolvency Act
Janis P. Sarra, Geoffrey B. Morawetz, and Lloyd W. Houlden
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Making the Case: 2SLGBTQ+ Rights and Religion in Schools
Donn Short, Bruce MacDougall, and Paul T. Clarke
Despite growing acceptance of 2SLGBTQ+ rights, Canadian schools regularly become battlegrounds in clashes between students wishing to express their sexuality or gender and those who perceive this as a threat to their values.
Making the Case clearly shows how Canadian law responds to what are known as “competing human rights claims,” when conflict arises between people asserting sexual minority rights and those asserting religious rights, for example, when a principal forbids same-sex prom dates or when parents oppose gay-straight alliance clubs. With a focus on the Charter of Rights and Freedoms, the authors call on related court cases to explain the position of Canadian law. They demonstrate that Canadians have rights to religion and rights to gender expression or sexual orientation; and that supporting sexual minority rights does not undermine other people’s rights to religious freedom.
This accessible book is an important tool for anyone working to create an inclusive school environment or respond to rights-based conflicts within the school system. It establishes conclusively that school cultures must be transformed so that 2SLGBTQ+ students can feel as safe and welcome as their heterosexual and cisgender counterparts.
This important book will help teachers, parents, and school administrators to function as 2SLGBTQ+ allies. Education students, legal scholars, politicians, civil servants, and people of faith who are interested in the issue of 2SLGBTQ+ rights will also find it invaluable.
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Directors' Duties Regarding Climate Change in Japan
Yoshihiro Yamada, Janis P. Sarra, and Masafumi Nakahigashi
Authored by Dr. Yoshihiro Yamada, Vice Dean of College of Law at the Ritsumeikan University, Dr. Janis Sarra, Professor of Law at the University of British Columbia, and Dr. Masafumi Nakahigashi, Vice-President at Nagoya University, the report outlines the three primary duties for directors of Japanese companies: duty of loyalty; duty to be compliant with all laws, regulations, and ordinances, and the company articles; and the duty of care. These duties to the corporation ground the obligation of corporate directors and officers to act in their company’s best interests by developing a plan to tackle climate change. The report also highlights how directors and their companies are impacted if they fail to fulfill these obligations.
[From Directors’ Duties Regarding Climate Change in Japan - Canada Climate Law Initiative]
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Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd ed.
Sharryn J. Aiken, Colin Grey, Catherine Dauvergne, Gerald Heckman, Jamie Liew, and Constance MacIntosh
Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition explores the current state of Canada’s evolving immigration system, surveyed in historic, social, and comparative contexts. Authored by Canada’s leading scholars in the field, this casebook equips students with the key building blocks of immigration, refugee, and citizenship law. Each chapter presents a multi-faceted approach to the subject, including insightful commentary on race, gender, and class.
The third edition includes substantial updates to reflect developments in case law as well as legislative and policy reforms implemented over the past five years.
This casebook is ideal for upper-year law school courses in Canada.
[From Immigration and Refugee Law: Cases, Materials, and Commentary, 3rd Edition | Emond Publishing]
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The New Corporation: How "Good" Corporations Are Bad for Democracy
Joel Bakan
From the author of The Corporation: The Pathological Pursuit of Profit and Power comes this deeply informed and unflinching look at the way corporations have slyly rebranded themselves as socially conscious entities ready to tackle society's problems, while CEO compensation soars, income inequality is at all-time highs, and democracy sits in a
precarious situation.
Over the last decade and a half, business leaders, Silicon Valley executives, and the Davos elite have been calling for a new kind of capitalism. The writing was on the wall. With income inequality soaring, wages stagnating, and a
climate crisis escalating, it was no longer viable to justify harming the environment and ducking taxes in the name of shareholder value. Business leaders realized that to get out in front of these problems, they had to make
social and environmental values the very core of their messaging. Their essential pitch was: Who could be better suited to address major societal issues than efficiently run corporations? There is just one small problem with their
doing well by doing good pitch. Corporations are still, ultimately, answerable to their shareholders, and doing well always comes first.
This essential truth lies at the heart of Joel Bakan's argument. In lucid and engaging prose, Bakan lays bare a litany of immoral corporate actions and documents corporate power grabs dressed up as social initiatives. He makes
clear the urgency of the problem of the corporatization of society itself and shows how people are fighting back and making gains on a grassroots level.[From The New Corporation by Joel Bakan | Penguin Random House Canada]
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Revolutionary Feminisms: Conversations on Collective Action and Radical Thought
Brenna Bhandar and Rafeef Ziadah
In a moment of rising authoritarianism, climate crisis, and ever more exploitative forms of neoliberal capitalism, there is a compelling and urgent need for radical paradigms of thought and action. Through interviews with key revolutionary scholars, Bhandar and Ziadah present a thorough discussion of how anti-racist, anti-capitalist feminisms are crucial to building effective political coalitions. Collectively, these interviews with leading scholars including Angela Y. Davis, Silvia Federici, and many others, trace the ways in which black, indigenous, post-colonial and Marxian feminisms have created new ways of seeing, new theoretical frameworks for analysing political problems, and new ways of relating to one another. Focusing on migration, neo-imperial militarism, the state, the prison industrial complex, social reproduction and many other pressing themes, the range of feminisms traversed in this volume show how freedom requires revolutionary transformation in the organisation of the economy, social relations, political structures, and our psychic and symbolic worlds.
The interviews include Avtar Brah, Gail Lewis and Vron Ware on Diaspora, Migration and Empire. Himani Bannerji, Gary Kinsman, Leanne Betasamosake Simpson, and Silvia Federici on Colonialism, Capitalism, and Resistance. Ruth Wilson Gilmore, Avery F. Gordon and Angela Y. Davis on Abolition Feminism. -
Public Law: Cases, Commentary, and Analysis, 4th ed.
Craig Forcese, Adam Dodek, Philip Bryden, Richard Haigh, Mary Liston, and Constance MacIntosh
Devoted exclusively to public law in Canada. Serving as a primer on the subject, this title will educate students about the importance of statutes and regulations both as forms of law and as political responses to pressing issues in Canadian society. This text demonstrates concepts, principles, and theory in a direct and accessible manner, contextualized with carefully selected case excerpts. Cases are presented with insightful author commentary, which offers a compelling, cohesive introduction to the subject of public law.
This edition reflects up-to-date legislation and cases, including changes to Canadian administrative law resulting from the Supreme Court’s decision in Vavilov et al.
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Women's Health and the Limits of Law Domestic and International Perspectives
Irehobhude O Iyioha
Despite some significant advances in the creation and protection of rights affecting women’s health, these do not always translate into actual health benefits for women. This collection asks: 'What is an effective law and what influences law’s effectiveness or ineffectiveness? What dynamics, elements, and conditions come together to limit law’s capacity to achieve instrumental goals for women’s health and the advancement of women’s health rights?' The book presents an integrated, co-referential and sustained critical discussion of the normative and constitutive reasons for law’s limited effectiveness in the field of women’s health. It offers comprehensive and cohesive explanatory accounts of law’s limits and for the first time in the field, introduces a distinction between formal and substantive effectiveness of laws. Its approach is trans-systemic, multi-jurisdictional and comparative, with a focus on six countries in North America, Europe, Asia, and Africa and international human rights case law based on matters arising from Hungary, Portugal, Spain, Slovakia, the Czech Republic, Peru and Bolivia.
The book will be a valuable resource for educators, students, lawyers, rights advocates and policymakers working in women’s health, socio-legal studies, human rights, feminist legal studies, and legal philosophy more broadly.
[from https://www.routledge.com/Womens-Health-and-the-Limits-of-Law-Domestic-and-International-Perspectives/Iyioha/p/book/9781032082042]
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The Forgotten Fundamental Freedoms of the Charter
Dwight Newman, Derek B.M. Ross, Sarah E. Mix-Ross, and Brian Bird
This collection of 13 papers examines many of the freedoms listed in section 2 of the Charter that have been “forgotten” in the sense that they have not received (much) interpretation in jurisprudence or discussion in legal scholarship.
[From The Forgotten Fundamental Freedoms of the Charter | LexisNexis Canada]
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Overdose: Heartbreak and Hope in Canada's Opioid Crisis
Benjamin Perrin
North America is in the middle of a health emergency. Life expectancies are declining. Someone is dying every two hours in Canada from illicit drug overdose. Fentanyl has become a looming presence—an opioid more powerful, pervasive, and deadly than any previous street drug.
The victims are many—and often not whom we might expect. They include the poor and forgotten but also our neighbours: professionals, students, and parents. Despite the thousands of deaths, these victims have remained largely invisible.
But not anymore. Benjamin Perrin, a law and policy expert, shines a light in this darkest of corners—and his findings challenge many assumptions about the crisis. Why do people use drugs despite the risk of overdosing? Can we crack down on the fentanyl supply? Do supervised consumption sites and providing “safe drugs” enable the problem? Which treatments work? Would decriminalizing all drugs help or do further harm?
In this urgent and humane look at a devastating epidemic, Perrin draws on behind-the-scenes interviews with those on the frontlines, including undercover police officers, intelligence analysts, border agents, prosecutors, healthcare professionals, Indigenous organizations, activists, and people who use drugs. Not only does he unveil the many complexities of this situation, but he also offers a new way forward—one that may save thousands of lives.
[From Books]
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From Ideas to Action: Governance Paths to Net Zero
Janis P. Sarra
This book offers a guide, for companies, pension funds, asset managers, and other institutional investors, on how to commence the legal, governance, and financial strategies needed for effective climate mitigation and adaptation, and to help distribute the economic benefits of these actions to their stakeholders. It takes the reader from ideas to action, from first steps to a more meaningful contribution to the move towards a net zero carbon world. It can serve as a helpful guide to everyone implicated in a corporation's activities - employees, pensioners, consumers, banks and other lenders, policymakers, and community members. It offers insights into what we should be expecting, and asking, of these fiduciaries who have taken responsibility for effectively managing our savings, our retirement funds, our investments, and our tax dollars.
[From From Ideas to Action | Janis Sarra | 9780198852308 | Oxford University Press Canada]
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Predatory Lending and the Destruction of the African-American Dream
Janis P. Sarra and Cheryl L. Wade
Since the Great Recession of 2008, the racial wealth gap between black and white Americans has continued to widen. In Predatory Lending and the Destruction of the African-American Dream, Janis Sarra and Cheryl Wade detail the reasons for this failure by analyzing the economic exploitation of African Americans, with a focus on predatory practices in the home mortgage context. They also examine the failure of reform and litigation efforts ostensibly aimed at addressing this form of racial discrimination. This research, augmented by first-hand narratives, provides invaluable insight into the racial wealth gap by vividly illustrating the predation that targets African-American consumers and examining the intentionally obfuscating settlement terms of cases brought by the U.S. Department of Justice, states attorneys, and municipalities. The authors conclude by offering structural, systemic changes to address predatory practices. This important work should be read by anyone seeking to understand racial inequality in the United States.
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Evidence: A Canadian Casebook, 5th ed.
Hamish Stewart, Benjamin L. Berger, Emma Cunliffe, Ronalda Murphy, and Steven Penney
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Smart Cities in Canada: Digital Dreams, Corporate Designs
Mariana Valverde and Alexandra Flynn
Experts from across the country investigate the "smart city" trend in urban planning as it is showing up in different Canadian municipalities.
"Smart cities" use surveillance, big data processing and interactive technologies to reshape urban life. Transit riders can see the bus coming on a map on their phones. Cities can measure and analyze the garbage collected from every household. Businesses can track individuals' movements and precisely target advertisements.
Google's failed Sidewalk Labs proposal in Toronto, which drew sharp criticism over surveillance and privacy concerns, is just one of the many smart city projects which have been proposed or are underway in Canada. Iqaluit, Edmonton, Guelph, Montreal, Toronto and other cities and towns are all grappling with how to use these technologies. Some cities have quickly partnered with digital giants like Uber, Bell and IBM. Others have kept their distance. Big tech companies are hard at work recruiting customers and shaping – sometimes making – public policy on data collection and privacy.
Smart Cities for Canada: Promise and Perils is the first book on smart cities in Canada. In this collection, experts from across the country investigate what this new approach means for the problems cities face, and expose the larger issues about urban planning and democracy raised by smart city technology. This is a valuable, timely, independent‐minded book for Canadians.
[From Smart Cities in Canada: Digital Dreams, Corporate Designs - Lorimer Adult ]
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