• Challenging the binary of custom and law : a consideration of legal change in the Kingdom of Tonga 

  McKenzie, Debra (2017-06-01)

  The starting point for a consideration of law in former colonies is often a law/custom binary whereby law is the formal legal system imposed during the colonial occupation and retained at independence, and custom the local ...
• Re-embodying jurisprudence: using theatre and multimedia arts-based methods to support critical thinking, feeling and transformation in law 

  Dhaliwal, Manpreet (Preeti) Kaur (2017-05-01)

  This thesis offers theoretical and practical explorations of how multimedia arts-based methods and embodied storytelling support critical and transformative understandings of law. Using theatre as both subject and method, ...
• Reconciliation and the foundations of aboriginal law in Canada 

  Nichols, Joshua Ben David (2017-04-18)

  The current framework for reconciliation is based on the Court’s accepted the Crown’s assertion of sovereignty, legislative power and underlying title. The basis of this is their interpretation of Section 91(24), which ...
• Hope for murderers? Lifelong incarceration in Canada 

  Spencer, Matthew Derek (2016-11-22)

  This thesis explores the issue of lifelong incarceration in the Canadian context. Lifelong incarceration, defined as a criminal sentence which forecloses hope of prospective release from its outset, is a new sentencing ...
• The community conundrum: Metis critical perspectives on the application of R v Powley in British Columbia 

  Sloan, Karen L. (2016-05-09)

  In this dissertation I argue for the need to develop a Metis Critical Legal Theory, or “MetCrit”, a theory that is particular to the cultures, issues and concerns of Metis people. Suggestions towards the development of ...
• What is a Right to Shelter in the Desert of Post-Democracy?: Tracking Homeless Narratives from the Courtroom to Dissensus 

  Zion, Mark (2015-08-28)

  This thesis begins by critically evaluating the right to shelter jurisprudence in Canada, specifically with respect to urban camping. It argues that whereas homeless people sleeping in parks have had (limited) success in ...
• "Dimming the Sun": Does Unilateral Stratospheric Sulfate Injection Breach Jus Cogens? 

  Weiss, Jonathan (2015-08-18)

  “Stratospheric Sulfate Injection” (SSI) is an emergent technology that is meant to reduce global warming by blocking incoming sunlight, in particular, by injecting sulfate particles into the stratosphere. Once SSI gets ...
• Understanding Refugee Stories: Lawyers, Interpreters, and Refugee Claims in Canada 

  Acton, Tess (2015-05-28)

  The interpreter is overlooked when considering the refugee claim process in Canada, even though refugee lawyers most often work with interpreters to understand their clients. Through qualitative interviews with refugee ...
• Snuw'uyulh: fostering an understanding of the Hul'qumi'num legal tradition 

  Morales, Sarah Noel (2015-04-30)

  One cannot begin to understand the nature of Hul’qmi’num legal tradition without first acknowledging and understanding the relationship between culture and law. The Coast Salish people have a vibrant culture, influenced ...
• Governing Madness: Coercion, Resistence and Agency in British Columbia's Mental Health Law Regime 

  Fraser, Gene (2015-04-23)

  Among the features that distinguish British Columbia’s mental health laws from those in other provinces in Canada is that they accord a high level of discretion to psychiatrists to impose involuntary treatment on patients ...
• Challenging the Liberal Order Framework: Natural Resources and Metis Policy in Alberta and Saskatchewan (1930-1948) 

  O'Byrne, Nicole Colleen (2015-02-10)

  The British North America Act, 1930 (the Natural Resources Transfer Agreements or NRTAs) marked the end of a lengthy battle between the provincial governments of Saskatchewan, Alberta, and Manitoba and the federal government ...
• Personal recollections and civic responsibilities: dispute resolution and the Indian Residential Schools legacy 

  Hough, Maegan (2015-01-29)

  The author attended Independent Assessment Process (IAP) hearings as part of the Indian Residential Schools Settlement Agreement. Her experience in IAP hearings raised questions about our approach, as Canadians, to ...
• Transformation and re-formation: First Nations and water in Canada 

  Littlechild, Danika Billie (2014-12-24)

  First Nations in Canada face numerous challenges when it comes to water. First Nations experiences with water range from individual and family challenges, including limited or no access to safe drinking water, to broader ...
• Weather Disasters and the Law: Examining the Need for Change in Canada 

  Joseph, Matthew (2014-09-18)

  Canada is one of the wealthiest and most technologically advanced countries in the world. Yet, it fails to maintain an effective and comprehensive system for responding to weather-related hazards. The adverse socio-economic ...
• WSÁNEĆ law and the fuel spill at Goldstream 

  Clifford, Robert Justin (2014-09-02)

  This thesis examines a fuel spill at Goldstream River, on Coast and Straights Salish People’s territory, on southern Vancouver Island in British Columbia. Goldstream is an important salmon spawning and fishing location ...
• Transnational Law and Resource Management: The role of a private legal system in the promotion of sustainable development in the mining industry 

  Nott, Adam (2014-01-24)

  Within the transnational legal sphere, internal and external private legal systems regulate alongside a pluralism of national and international legal systems. This thesis explores the elements of transnational private legal ...
• The Right of Indigenous Self-Determination and the Right to Consultation in the Peruvian Constitutional Tribunal Jurisprudence (2005-2011) 

  Cordova Flores, Alvaro Rodrigo (2013-10-03)

  The main argument of this study is that the right of Indigenous peoples in Peru to consultation has little practical force and effect, since the Peruvian Constitutional Tribunal is not prepared to base it on a broader right ...
• Ecological degradation and population demands: wicked problems and the rule of rules in Canada/America 

  Large, Michael (2013-09-04)

  Rooted in legal theory and environmental studies, this thesis aims to (re)define the ‘population problem’ and related regulatory resolutions in constructive and clear terms, within a broad concept of 'law’. Green legal ...
• Back to the Rough Ground: Towards a Conservative Theory of Democracy 

  Giesbrecht, Jared (2013-08-27)

  This work seeks to recover the critical spirit of conservatism and re-emphasize its goal of stability and resilience in society. I will argue that we should strive to view ourselves as deeply dependent and persistently ...
• Informal Workers in India: Reconceptualizing Labour Law to Promote Capabilities 

  Routh, Supriya (2013-08-21)

  The Constitution of India provides the basis of labour jurisprudence in the country. It promises right to work, right to livelihood, right against forced labour, right against child labour, equal treatment of all workers, ...

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