This article supports a new theoretical approach to the utilization of human rights treaties in refugee status adjudications in domestic courts. The existing literature on treaty effectiveness is divided between several optimistic and pessimistic perspectives, none of which adequately predict...

This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties...

In Canada, certain indigenous groups are struggling to obtain official recognition of their status and rights. This is particularly so in Newfoundland and Labrador, where the authorities took the stance, when the province joined Canada in 1949, that no one would be legally considered indigenous....

In 1992, Ontario completely changed its adult guardianship laws and enacted three novel pieces of legislation: the Consent to Treatment Act; the Substitute Decision Act; and the Advocacy Act (a change that was finalized in 1996 when the Advocacy Act was repealed and the Consent to Treatment Act...

Eli Lilly recently sued Canada for $500 million under investor-state dispute mechanisms, due to Canadian court decisions invalidating Lilly’s patents. Canada’s decisions were based in what is sometimes known as the “promise doctrine.” Where a patent applicant promises a certain utility...

Some commentators have recently proclaimed the U.S. Alien Tort Claims Act to be dead. In Nevsun Resources, the Canadian Supreme Court took a seemingly bold step in providing access to justice to victims of human rights abuses against corporate entities, presumably to partly fill this void. This...