Progress on environmental issues will require a shift in how individuals view and value their relationship to the environment. This article examines two divergent theories on how individuals' values are formed. One theory stems from the recent work in economics on how identities (including...

This paper examines how justices on the Supreme Court of Canada voted in Charter appeals between 2000 and 2009. Charter appeals, at least in popular belief (and possibly also in theory), have the greatest potential to reveal voting that is influenced by extra-legal policy preferences. Confining...

Export subsidies provide a good example for discussing some interesting questions underlying the debate over reforming the current system of remedies for violations of World Trade Organization (WTO) obligations. If the purpose of trade agreements is to maximize economic welfare, discussion of...

Climate change has come to be seen as a major global environmental challenge. This paper examines the extent to which WTO rules constrain countries` ability to address climate change through domestic regulatory policies such as standards, labels, voluntary agreements and domestic emissions...

Over the past 25 years, the justices of the Supreme Court of Canada have not exhibited the divergent policy views along party lines that have been characteristic of the justices of the United States Supreme Court. This apparent lack of partisan polarization in Canada may at first give rise to...

International bodies have criticized Canadian financial markets for being lax in the area of enforcement. We examine whether such criticisms are applicable to settlements struck by the Ontario Securities Commission (OSC). We make a number of important findings. First, the total number of parties...

The procyclicality hypothesis predicts that after a stock market downturn, regulatory initiatives and therefore investor protections increase. Unlike the relevant literature which focuses on new legislation, we focus on the enforcement of securities law. Our work is consistent with the idea of...

Governments are increasingly using taxes to address a variety of environmental concerns. WTO rules recognize that, like regulatory instruments, governments may use taxes for protectionist purposes. The rules are designed to prevent protectionist behaviour while allowing use of such instruments...

The duty to consult and accommodate has increasingly become front and centre in a wide range of resource and development projects and the related litigation. The Supreme Court of Canada has stated that it seeks to foster negotiation and limit litigation through its approach to the duty. This...

Governments' choice of instrument to address environmental concerns affects not only the relative prices faced by individuals making choices but also their norms or values. This effect on values is important because some argue that traditional instruments (such as taxes and regulations) are...