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After Morgentaler
The landmark decision R. v. Morgentaler (1988) struck down Canada’s abortion law and is widely believed to have established a right to abortion, but its actual impact is much less decisive; and women’s access to abortion in Canada remains uneven and at risk of being curtailed. In After Morgentaler, Rachael Johnstone examines the state of abortion access in Canada today, maps its historical development since 1988, and argues that substantive access is essential to full citizenship for women. Demonstrating how access varies at the provincial level, Johnstone presents three case studies – Quebec, Ontario, and New Brunswick – to assess the role of both state and non-state actors in the creation and maintenance of, as well as restrictions on, access. This book affirms the need to recognize abortion as an issue fundamentally tied to women’s equality while stressing the continued utility of rights claims as a means to improve access.
Glass Ceilings and Ivory Towers
Even as Canadian universities suggest their gender issues have largely been resolved, many women in academia tell a different story. Systemic discrimination, the underrepresentation of women in more senior and lucrative roles, and the belief that gender-related concerns will simply self-correct with greater representation add up to a serious gender problem. Although these issues are widely acknowledged, reliable data is elusive. Glass Ceilings and Ivory Towers fills this research gap with a cross-disciplinary, data-driven investigation of gender inequality in Canadian universities. Research presented in this book reveals, for example, that women are more likely to hold sessional teaching positions and to face difficulties obtaining funding. They are also poorly represented at the upper echelons of the professoriate and must contend with a gender pay gap that widens as they move up the ranks. Contributors consider the daily grind of academic life, social, structural, and systemic challenges, and the gendered dynamics of university leadership, all with an eye to laying the groundwork for practical and meaningful institutional change.
Regulation of Extractive Industries
This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportuniti...
Offshore Oil and Gas Development in the Arctic under International Law
Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.
Constraining the Court
When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.
Britain and the Arctic
British interest in the Arctic has returned to heights not seen since the end of the Cold War; concerns about climate change, resources, trade, and national security are all impacted by profound environmental and geopolitical changes happening in the Arctic. Duncan Depledge investigates the increasing geopolitical significance of the Arctic and explores why it took until now for Britain – once an ‘Arctic state’ itself – to notice how close it is to these changes, what its contemporary interests in the region are, and whether the British government’s response in the arenas of science, defence, and commerce is enough. This book will be of interest to both academics and practitioners seeking to understand contemporary British interest and activity in the Arctic.
Legislating under the Charter
Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including rese...
Cold Rush
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International Legal Theory
A reader-friendly overview of leading theoretical approaches to international law for students, scholars, and practitioners.
Policy Change, Courts, and the Canadian Constitution
Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.
