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The amendments to the Indian Act over the past forty-four years have done very little to assist First Nations women and their children in their fight to reclaim their identity and their connections to their ancestry. The Act, originally enacted in 1876, has had a few amendments since that time. In 1982, the Constitution Act of Canada was legislated and with it came the Charter of Rights and Freedoms so the federal government was designated to remove any discrimination in all of its legislation. This included the Indian Act. The amendments following were in 1985, commonly referred to as Bill C-31 as well as C-3 in 2011 and S-3 in 2017. These amendments have resulted in many heated and disturbing conflicts amongst First Nations people, including First Nations women and their children who have been directly affected by the sexually discriminating sections of the Act. This chapter provides a historical overview of the Act, its origins and its inherent racist and sexist policies. As well it discusses those amendments affecting First Nations women and her descendants, specifically the registration and membership provisions that continue to discriminate against First Nations Women and her descendants who are both male and female.

Using Palestine as its case study, this chapter posits that judicial trustworthiness represents an important ameliorating factor for transitional justice to take hold and that judicial education constitutes an ameliorating factor that can nurture judicial trustworthiness. Distinguishing trust, distrust and trustworthiness, we explain the importance of judicial institutional trustworthiness as an ameliorating factor. Drawing on literature that identifies institutional trustworthiness as a function of three features: ability, integrity and benevolence, we then explore how the Karamah model of judicial education helped build judicial institutional trustworthiness. Karamah was developed in Palestine and adopted dignity as its overarching theme. Working with an interdisciplinary and international team through Karamah, Palestinian judges invoked dignity as a legal principle, a statement of shared political values and an aspect of their professional identity. In the process, they articulated a framework for thinking about the ability, integrity and benevolence of the Palestinian judiciary. Finally, we chronicle the ways in which the Karamah model of judicial education impacted the judiciary and the judiciary system in Palestine. We end with a note of caution: if rule of law programming, judicial reform and judicial education are substituted for transitional justice measures, conflicts can become even more intractable.

The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica.   Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all.   Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some.  Published in English and French.

"At the time of writing, the novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19,1 has infected people in 212 countries and on every continent except Antarctica. As of May 17, 2020, 5,780 people have died in Canada, and worldwide, there are over 313,000 reported deaths. The true death toll is certainly higher, and more will die in the coming months. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one's mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. We conclude with the hope that COVID-19 forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some."--

The Supreme Court of Canada has accepted that in the common law of contract a high degree of stability is desirable and incremental changes are to be justified on an evident need to update common law principles to local conditions. In this chapter, the work of the Supreme Court of Canada is described in respect to the law of remedies for contract breach. In particular, the court has justified a slightly more regulatory function in its development of punitive damages and the award of damages for non-pecuniary damages in contracts characterised by power imbalances. The different tack taken concerning specific performance and its impact on mitigation and damages also reflects arguments over different market conditions prevailing in Canada when compared to the United Kingdom.

This volume is a collection of papers presenting theories & strategies for public interest litigation, a specialized area of litigation aimed to bring about social impact, & the various avenues & methodologies that have been used in Canadian history.

False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools was published in The Canadian Constitution in Transition on page 270.

The Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the ‘Malabo Protocol’) does not include a provision defining which defences will be applicable before the African Court of Justice and Human Rights (‘the African Court’). This chapter has the task of examining the existing body of international criminal law to see what guidance the African Court may take with respect to which defences have been recognized and which have been explicitly rejected, how recognized defences have been defined, and what questions have arisen or may arise with respect to these defences.

This article will detail an event of revolutionary action in the historiography of anti-colonial and anti-imperial struggle in Iraq, namely al-Wathba (‘the leap’) of 1948, utilising it as an example to address the limitations of the methodology and analysis of Third World Approaches to International Law (TWAIL) scholarship. I will argue that there is a disconnect between notions of agency and structure in TWAIL analyses and that therefore TWAIL scholars should consider studying the conjunctures that allowed certain movements ample room to struggle against the imperialism of international law in the first place. I will use the example of the Wathba to illustrate how a conjunctural analysis may be undertaken, analysing its implications for the international legal order. I will then move to highlight the significance of labour to the conjuncture in question. Finally, I will demonstrate how events like the Wathba illuminate the transient and provisional nature of the foundations of international law, while emphasising its structural constraints.

"In Keetsahnak / Our Murdered and Missing Indigenous Sisters, the tension between personal, political, and public action is brought home starkly. This important collective volume both witnesses the significance of the travelling exhibition Walking With Our Sisters and creates a model for antiviolence work from an Indigenous perspective. The contributors look at the roots of violence and how it diminishes life for all. They acknowledge the destruction wrought by colonial violence, and also look at controversial topics such as lateral violence, challenges in working with "tradition," and problematic notions involved in "helping." Through stories of resilience, resistance, and activism, the editors give voice to powerful personal testimony and allow for the creation of knowledge."--

We are pleased to announce the publication of Whose Land Is It Anyway?