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On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum. These discussion fora, which have become an international academic success, have been held in a variety of venues in North America and Europe since the early 1990s. They are an initiative of Russell Weaver, Professor of Law & Distinguished University Scholar at the University of Louisville. The fora provide an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders.
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The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario, which enacted the Ontarians with Disabilities Act in 2001, and, later, a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. The AMA presents a strong set of philosophical and social goals. Its philosophical goals mark accessibility as a human right, and aim to improve the health, independence and well-being of persons with disabilities. The AMA’s social goals have the potential to make a positive impact on the development of equality law norms within the context of disability discrimination. Nevertheless, the AMA would be strengthened with a more robust and explicit appreciation of how disability discrimination issues are experienced. The Act should show a greater recognition of the relevance of embodied impairment to individuals with disabilities, and there should be more significant scope for the statute to address intersectionality within disability discrimination. These two challenges replicate the two principal critiques of the social model of disability –the model of disability on which the AMA is based. Finally, for the legislation to be successful, issues of compliance and enforcement that require positive uses of discretion on the part of the civil service should be addressed early on. The findings of this article may be useful for the implementation of the AMA and for the design of future accessibility legislation in Canada and elsewhere.
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On May 25 - 26, 2010, Université Laval, the University of Windsor Faculty of Law and the University of Louisville Brandeis School of Law, hosted the Sixth Administrative Law Discussion Forum in Quebec City, Canada.The forum provided an opportunity for thoughtful exchange among administrative law academics on contemporary issues that cut across national borders. The discussions reflected in this collection of papers touch on a variety of major administrative law themes. In addition, they examine local aspects of problems that transcend regional and national borders, and show connections and preoccupations between jurisdictions and indeed between countries.
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The Accessibility for Manitobans Act (AMA) was enacted in December, 2013. Manitoba is the second Canadian province to enact accessibility standards legislation. The first province was Ontario which enacted the Ontarians with Disabilities Act in 2001 and later a more fortified and enforceable Accessibility for Ontarians with Disabilities Act, 2005. In this article, we provide an overview of the Accessibility for Manitobans Act highlighting its purpose, philosophical and social goals; the standards to be developed and the process for developing the standards; information on the compliance and enforcement of the statute (including penalties and appeal mechanisms) and statutory review of the statute and standards.
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In the past decade or so, one has seen an increase in the use of the term “inquisitorial” with it becoming de rigueur for many instances of non-adversarial decision-making in the administrative state. The phenomenon of terming non-adversarial administrative process as inquisitorial, is not peculiar to Canada. In other Commonwealth jurisdictions where the adversarial tradition prevails, such as Australia and the UK, a similar phenomenon has occurred. Similarly, in the United States, the Supreme Court has labeled the federal Social Security adjudicatory scheme an inquisitorial procedure, owing in part to the investigatory nature of the Administrative Law Judge. Despite the classification, in most jurisdictions around the world, the meaning of the term “inquisitorial” refers to many different concepts and processes that often do not replicate the pure inquisitorial model that originated in the Civil Law tradition. This article reports on an international research workshop that brought together academics, policy-makers, and judges who have served as Commissioners of public inquiries, to discuss polyjural decision-making in the administrative state. Participants stemmed from traditionally adversarial and inquisitorial jurisdictions, generating innovative comparative insights on hybridized administrative process and institutional design, in relation to hearing processes, legislative oversight, ombudsman, public inquiries and administrative investigations. The conference website can be found at: http://www.uwindsor.ca/law/inquisitorial-processes/ .
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"This book is comprehensive overview of the law and disability issues. It examines definitional questions and fields of law as they relate to disability issues, including equality rights instruments, the history of disability rights litigation and contemporary access to justice issues. It also examines issues arising in the lived experience of persons with disabilities in the pursuit of various fundamental rights, as well to the roles and concerns of others involved in the experience and resolution of such issues."-- Provided by publisher
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