Academic literature on the topic 'Canada. Laws, etc. Statutes of Canada'
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Journal articles on the topic "Canada. Laws, etc. Statutes of Canada"
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Piette, Jean. "La protection de l'environnement au Canada et aux États-Unis." Les Cahiers de droit 29, no. 2 (April 12, 2005): 425–45. http://dx.doi.org/10.7202/042888ar.
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This paper explains some of the main differences between the development and the structure of environmental legislation, regulations and programs in Canada and the United States. In Canada, the division of powers under the Federal Constitution between Parliament and Provincial Legislatures explains the structure and scope of Canadian environmental law. Federal laws and regulations have been mostly sectoral while Provincial laws have been broader and have been successful in integrating environmental planning instruments. U.S. environmental laws, regulations and programs are developed under the leadership of Congress. The Environmental Protection Agency and State Governments are called upon to play an important role in the implementation of Federal environmental statutes. Contrary to the Canadian situation, citizen suits and the Judiciary are instrumental in the development of U.S. environmental law.
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Craven, Paul. "Computer Applications in Comparative History: The Master & Servant Project at York University (Canada)." History and Computing 7, no. 2 (June 1995): 69–80. http://dx.doi.org/10.3366/hac.1995.7.2.69.
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The Master and Servant Project at York University (Toronto) analyses employment laws torn a hundred Britishjurisdictionsoverfourcenturies, examiningthe lexical relationships among many hundreds of statutes, and seeking explanations for the clustering of particular legal provisions in particular parts of the imperial economy. The complexity, redundancy, and sheer bulk of the material invited computer analysis. Commercial database software (askSam) documents the paper archive; analysis reUes largely on programmes developed in the project and on TACT, a text retrievalpackage from the Centre for Computing in the Humanities, University of Toronto. Lexical content is approached with programmes that calculate the overlap oflanguage among sentences across the whole archive; high scores identify candidate terms for detailed examination in TACT. Analysis of the policy of the acts (independent of their lexical form) relies on coded versions of the statutes, created with a coding engine that minimizes errors. A conceptual clustering programme, in which the computer repeatedly sorts the coded versions according to subsets ofcharacteristics, groups the statutes into unambiguous sets with common features. The techniques described are applicable wherever the language or conceptual content oflarge numbers oftexts needs to be compared in detail.
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Kraska, James. "The Northern Canada Vessel Traffic Services Zone Regulations (Nordreg) and the Law of the Sea." International Journal of Marine and Coastal Law 30, no. 2 (May 25, 2015): 225–54. http://dx.doi.org/10.1163/15718085-12341349.
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This article explores the nature of Canada’s laws and regulations governing the Northern Canada Vessel Services Zone Regulations (nordreg) within the context of the international law of the sea. It provides context for the response to nordreg by the United States, and forecasts the impact of nordreg on future shipping regulations in the Arctic Ocean more generally. As Arctic nations develop shipping regulations, Canadian statutes—and their intersection with the international law of the sea and the rules adopted by the International Maritime Organization—are instructive for ensuring safety and security in the unique marine polar environment.
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Halpern-Shavim, Zvi. "Policy Forum: Carrying On About Carrying On Business: A Response to "The GST/HST Obligations of Non-Resident E-Commerce Firms"." Canadian Tax Journal/Revue fiscale canadienne 68, no. 4 (January 2021): 1053–67. http://dx.doi.org/10.32721/ctj.2020.68.4.pf.halpern-shavim.
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Non-resident suppliers of digital products and services are not required to collect and remit goods and services tax (GST)/harmonized sales tax (HST) if they are not "carrying on business" in Canada. The term "carrying on business" in Canada is not defined in the legislation. Leaving aside policy arguments in favour of, or against, requiring such non-resident suppliers without a physical presence in Canada to register, the author of this article considers whether the current legal framework should be reinterpreted to require such suppliers to become registered for GST/HST on the basis of a purely digital presence. He addresses these issues by considering the textual, contextual, and purposive meaning of the term "carrying on business" (and its permutations) in the Excise Tax Act (Canada) (ETA). He concludes that while developments in other areas of law, such as conflict-of-laws jurisprudence, may expand the common-law meaning of "carrying on business" in a jurisdiction to include having a purely digital presence, the interpretive framework particular for tax statutes in Canada, and the specific use of the term in the ETA itself, lead to the conclusion that a specific change in law would be the more appropriate way to impose registration and collection obligations on such non-resident suppliers.
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Tarnopolsky, Walter S. "Le contrôle de la discrimination raciale au Canada." L'égalité devant la loi 18, no. 4 (April 12, 2005): 663–89. http://dx.doi.org/10.7202/042189ar.
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This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.
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Chotalia, Shirish P. "Arbitration Using Sharia Law in Canada: A Constitutional and Human Rights Perspective." Constitutional Forum / Forum constitutionnel 15, no. 1, 2 & 3 (July 24, 2011): 2006. http://dx.doi.org/10.21991/c9ww9d.
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Recently, Canadian media reports warned that the Government of Ontario was considering the implementation of Sharia law as a judicial equivalent to Ontario law.1 Such reports were not accurate. Rather, the issue was whether arbitration by Islamic tribunals using Muslim law, which is often called Sharia law by non- Muslims, ought to be allowed under the auspices of general arbitration statutes.2 A cross-section of Muslim Canadians actively mobilized to oppose such a possibility through coalition- building and letter-writing campaigns.3 In June 2004, Marion Boyd was commissioned by the province to examine the issues surrounding the use of private arbitration to resolve family and inheritance cases, and the impact of the same on vulnerable people. The Boyd Report, tabled in December 2004, recommended that religious institutions be allowed to arbitrate such disputes on the basis of religious law, provided that a list of forty-six safeguards were adhered to.4 After the Boyd Report, some religious groups argued in favour of religious adjudications.5 Much public debate ensued, leading to a vociferous statement by Premier Dalton McGuinty, who vocally rejected religious adjudication.6 Further, the Government of Ontario outlined that it “will ensure that the law of the land in Ontario is not compromised, that there will be no binding family arbitration in Ontario that uses a set of rules or laws that discriminate against women.”7 The province amended its Arbitration Act8 and Family Law Act9 to provide that family arbitrations were conducted “in accordance with Ontario law or the law of another Canadian jurisdiction.”
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Deschamps, Michel. "Conflict-of-laws rules on assignments of receivables in the United States and Canada." Uniform Law Review 24, no. 4 (December 1, 2019): 649–63. http://dx.doi.org/10.1093/ulr/unz041.
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Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.
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Mackey, Eva. "Unsettling Expectations: (Un)certainty, Settler States of Feeling, Law, and Decolonization1." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 29, no. 02 (July 18, 2014): 235–52. http://dx.doi.org/10.1017/cls.2014.10.
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AbstractGuaranteeing “certainty” (for governments, business development, society, etc.) is often the goal of state land rights settlements with Indigenous peoples in Canada. Certainty is also often seen as an unequivocally desirable and positive state of affairs. This paper explores how certainty and uncertainty intersect with the challenges of decolonization in North America. I explore how settler certainty and entitlement to Indigenous land has been constructed in past colonial and current national laws, land policies, and ideologies. Then, drawing on data from fieldwork among activists against land rights, I argue that their deep anger about their uncertainty regarding land and their futures helps to reveal how certainty and entitlement underpin “settler states of feeling” (Rifkin). If one persistent characteristic of settler colonialism is settler certainty and entitlement, then decolonization, both for settlers and for jurisprudence, may therefore mean embracing uncertainty. I conclude by discussing the relationship between certainty, uncertainty, and decolonization.
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L’Heureux, Nicole. "La sécurité des produits de consommation et le libre-échange." Les Cahiers de droit 29, no. 2 (April 12, 2005): 323–68. http://dx.doi.org/10.7202/042886ar.
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The Free Trade Agreement between Canada and United States mainly seeks to encourage the exchange of manufactured goods. Consumer protection requirements are not, however, taken into consideration. Nonetheless, judicial, bureaucratic and legislative actions adopted in both countries for the security of goods such as mandatory information, product bans, mandatory product standarization requirements, mandatory design, and performance standards, judicial awards of compensation in product liability suits etc. may affect the concurential position of exporters and influence the substance of domestic consumer protection laws. It is the author's objective to measure the impact that different domestic regulations may have on the security of products within the framework of the Free Trade Agreement. In the first part of this paper, the author explores American legislation on the security of products and compares it with Canadian legislation. In the second part, the author considers the liability of manufacturers and evaluates the impact of the statutory regulation on their liability for dangerous products in each country.
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Panchaud, Catherine. "Enhancing Ethical Thinking: the Role of a National Nurses' Association." Nursing Ethics 2, no. 3 (September 1995): 243–46. http://dx.doi.org/10.1177/096973309500200307.
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In democratic Switzerland, each of its 26 cantons (states) has its own government and its own laws. Thus there are 26 ministries of health and as many different laws regulating medical and health care practice. The Swiss Nurses' Association likewise has 13 regional chapters and a central organization that works on the national level. Medicine is private and practically all of the Swiss population is privately insured. High technology has led to high specialization with, among other results, a reduced number of premature deaths, longer life span but also rising costs of health. Health professionals are also becoming much more aware of ethical issues such as cost versus quality, high technology versus compassionate care, etc. A multilingual (four national languages) and multicultural country, Switzerland's health care system relies heavily on foreign nurses, many of whom come from neighbouring France and Germany but also from England, Yugoslavia, Canada and other countries. Regulation of nursing practice is still poor. Nursing or nurses are hardly mentioned in the state laws and, when mentioned, are often put in a dependent relation to the physician. Basic nurse training is regulated nationally by cantonal delegations to the Swiss Red Cross. Although there is a good postbasic training scheme, nurses are still striving for access to the university. Meanwhile, they go abroad to acquire degrees. Research in nursing is being developed mainly by the efforts of individuals and the Swiss Nurses' Association.
Dissertations / Theses on the topic "Canada. Laws, etc. Statutes of Canada"
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Rousselle, Serge. "La diversité culturelle et le droit constitutionnel canadien au regard du développement durable des cultures minoritaires /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=102241.
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Within the framework of international trade liberalization which has given rise to considerable thought about the fundamental contribution of cultural diversity to sustainable development, we explore the upholding of the educational rights of recognized linguistic minorities and of the aboriginal and treaty rights of First Nations under the Constitution Act, 1982. We examine these rights in the light of relevant judgments of the Supreme Court of Canada in order to confirm our initial hypothesis that the highest court in the land can show governments here and abroad the steps to take to ensure that the cultural rights specific to some communities and the citizenship common to the population as a whole can coexist in a free and democratic nation.Our analysis shows that, while relying on the historical, equality and cultural-based justification of the existence of these rights, the Court favours an approach centred on three fundamental principles: the duty of the State to act equitably in the "best interest" of cultural minorities through a flexible approach to the interpretation of established rights; a fair participation in the management of and access to resources by minority groups; and finally, the fostering of social cohesion in order for unity in diversity to be maintained through a reconciliation of existing rights which must be achieved, first and foremost, by political discussion aimed at finding durable solutions.
From a cultural sustainable development perspective, the specific cultural rights of minority groups must thus favour a common citizenship within a context of respect for cultural diversity, while still being compatible with and promoting the values of a liberal democracy.
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Frank, Robert 1966. "Creditor's use of the oppression remedy." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30298.
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This thesis examines creditors' use of the oppression remedy under the Canada Business Corporations Act and its provincial equivalents from historical and critical perspectives, assesses the consequences of the increasing willingness of Canadian courts to make the remedy available to creditors and concludes by offering some solutions to the problems that are identified. Part I traces the historical development of the oppression remedy, first in the United Kingdom and then in common law Canada. Next, the current state of the law relating to the oppression remedy is briefly examined, followed by a review of recent developments with respect to the use of the oppression remedy by creditors. Part II is a critical review of the evolving law with respect to creditors' use of the oppression remedy. This part of the thesis focuses on: (i) the relationship and potential conflict between the oppression remedy and other available remedies; and (ii) the impact of creditors' uses of the oppression remedy on the relationship between the corporation and its other stakeholders, including issues of shareholders' and directors' liability. In Part III, it is argued that the present use of the oppression remedy by creditors is not being developed in a coherent and principled manner. Certain guidelines are offered to provide the courts with reasonable controls on and principles to guide the use of the oppression remedy by creditors. In particular, it is argued that the oppression remedy should not be available to creditors when there are, either under corporate legislation or other, general legislation, appropriate remedies already available. The result would be that the oppression remedy should be available to creditors only in the limited category of cases where the creditor has no other effective remedy and the conditions for the use of the oppression remedy are met.
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Takami, Chieko. "Defining women as a particular social group in the Canadian refugee determination process." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31175.
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Recent feminist criticism has resulted in remarkable changes to the interpretation of the refugee definition. Case law, academic commentaries and gender guidelines now recognize that women may constitute a particular social group under the definition of refugee. However, only those who belong to certain subgroups of women are usually granted asylum because being a woman only is considered too broad to comprise a particular social group. Such restrictive interpretation is theoretically and practically problematic, and it is the primary cause for the inconsistency in the interpretation of the definition of a particular social group and refugee determination in gender-based claims. Through an analysis of recent gender-based cases before the Canadian courts and the Immigration and Refugee Board, this paper argues that this inconsistency will be avoided when categorization of women does not require female claimants to prove characteristics other than their gender. Female refugees who are persecuted for being women do not need to provide additional reasons for their suffering, and this broad categorization of women should be consistently applied in Canada.
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Hinkson, Heather A. (Heather Antonia). "Canadian refugee policy : international developments and debates on the role of gender in refugee determination procedures." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23843.
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Through the evolution of international human rights law and policy, gender has become a prohibited ground for persecution. However the international definition of a refugee contained in the Convention Relating to the Status of Refugees does not explicitly include gender as an enumerated ground on which persecution can be feared. This omission has required women who fear gender-based persecution to use the Convention's "membership in a particular social group" provision. Traditionally, judicial interpretation of criteria establishing a "particular social group" was not consistent in cases alleging gender-based persecution. In 1993, Canada developed guidelines that attempt to establish a coherent and consistent application of the "particular social group" category. This represents a state policy initiative to recognize the international evolution of policy on gender as a basis for persecution. Although the guidelines challenge theories of state sovereignty in the design and execution of domestic policy, they demonstrate that a coherent and consistent framework for granting asylum status to women who fear gender-based persecution can be developed in such policy.
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Borovan, Nicole A. "The Canada-United States Safe Third Country Agreement : a constitutional analysis." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98604.
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This thesis examines the Safe Third Country Agreement between Canada and the United States from the perspective of Canada's obligations vis-a-vis asylum seekers under the Canadian Charter of Rights and Freedoms. The Safe Third Country Agreement requires asylum seekers to lodge their refugee claims in the first country of arrival, as between Canada and the United States. Asylum seekers on the United States side of the border who are seeking to enter Canada for the purpose of claiming refugee status will be deflected to the United States to lodge their claims there. By deflecting asylum seekers in this manner, Canada effectively conscripts the United States to carry out its obligations under the Charter to furnish procedural and substantive protections to asylum seekers. This thesis examines certain features of the United States asylum system to which asylum seekers deflected under the Safe Third Country Agreement would be subjected, in order to determine whether, according to relevant Charter jurisprudence, deflection constitutes a deprivation of security of the person under section 7 of the Charter and whether such deprivation can be justified under section 1.
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Baker, Dana Lee. "Children's disability policy in Canada, the United States and Mexico : a question of convergence /." Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3025136.
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Richards, Nathan. "Normative dimensions of cultural identity." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82669.
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Dominant theories of aboriginal rights articulate the relation between rights and identity in terms of a logic which treats identity as an irreducible good and rights as the instrumental means of its protection. However, identity claims and legal claims emerge in our use of language. Identity and the institutions in which identities are expressed and experienced are constituted in speech. A close analysis reveals the degree to which law and identity are a systemic imbrication of normative claims characterized by an innate indeterminacy. This indeterminacy renders all rights and identity claims contingent on their reception and validation by others.
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Ye, Xiangxiang 1983. "The impact of the Plant Breeders' Rights Act on wheat productivity : evidence from western Canada." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=100216.
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Plant Breeders' Rights (PBR) are a form of intellectual property rights enabling breeders of new plant varieties to have the exclusive right to produce and sell propagating material of their new plant varieties. The existence of effective property rights has been pointed to as a stimulus of increased R&D and productivity. Canada has had legislation to provide PBR protection for about two decades, and is considering further strengthening of the regulatory framework. However, there are few studies that have examined the effectiveness of the legislation on crop productivity. This thesis investigates the hypothesis that the adoption of wheat varieties qualifying for Plant Breeders' Rights has increased overall wheat yields and rate of yield increase. The yield response function models are applied to industry data for western Canada and Alberta, respectively. The empirical results show that the PBR Act had a relatively small impact on wheat yields. Among wheat classes, it had a positive impact for Durum wheat in Alberta.
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Panet-Raymond, Louise. "Toward a reconceptualization of battered women : appealing to partial agency." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78223.
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Despite growing awareness of the severity of domestic violence, the lives of battered women are too often misconstrued by the Canadian public and the judicial system. The author argues that stereotypes of victimized battered women emanating from the courts and feminist theory may both prevent women who kill their partner from making valid claims of self-defence and generally undermine women's fight against oppression. The author reviews the doctrine of the battered woman syndrome and its application in the context of self-defence to illustrate how the courts' treatment of the doctrine conveys a narrow and incomplete depiction of battered women. An alternative theoretical framework based on battered women's partial agency is proposed as a means to address feminist theory's simplified representation of battered women. Various law and policy reform initiatives in the criminal justice system are explored to assess how the law may validate and promote battered women's partial agency.
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Correa, Elaine. "Get out of my space! :"illusionary practices of equity"." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=36758.
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This thesis explores the experiences of Canadian academic women in terms of location, space and voice. Within this qualitative study, the spaces of and for women within the university are examined by way of women's subjective experiences of 'value' and 'being valued'. Differences in experiences between women based on age, colour, tenure and academic rank are described through the voices of thirty academic women. The study argues that the "illusionary practices of equity" operating within the university milieu, exacerbate the tensions inherent in contradictory subject locations that women occupy within academe. The struggles of representation and identity within these contested spaces raise the challenges of whose voice will have space within the privileged locations of higher learning.
Books on the topic "Canada. Laws, etc. Statutes of Canada"
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Environmental Contaminants Act Amendments Consultative Committee (Canada). Final report of the Environmental Contaminants Act Amendments Consultative Committee. Ottawa, Ont: Environment Canada, 1986.
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Recovering Canada: The resurgence of Indigenous law. Toronto: University of Toronto Press, 2002.
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Lahey, Kathleen A. Are we 'persons' yet?: Law and sexuality in Canada. Toronto: University of Toronto Press, 1999.
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Kallen, Evelyn. Ethnicity and human rights in Canada. 2nd ed. Toronto: Oxford University Press, 1995.
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Cornish, Mary F. Enforcing human rights in Ontario. Aurora, Ont: Canada Law Book, 2009.
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Bowlby, Brenda J. An educator's guide to human rights. 2nd ed. Aurora, Ont: Canada Law Book, 2009.
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Something to cry about: An argument against corporal punishment of children in Canada. Waterloo, ON: Wilfrid Laurier University Press, 2002.
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Political institutions and lesbian and gay rights in the United States and Canada. New York: Routledge, 2008.
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Women, work, and social rights: Canada in historical and comparative perspective. Scarborough, Ont: Prentice Hall Allyn & Bacon Canada, 2000.
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Ghost dancing with colonialism: Decolonization and indigenous rights at the Supreme Court of Canada. Vancouver, BC: University of British Columbia Press, 2011.
Find full textBook chapters on the topic "Canada. Laws, etc. Statutes of Canada"
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Kramer, Matthew H. "Hatred, Dignity, and Freedom of Expression." In Freedom of Expression as Self-Restraint, 244–95. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198868651.003.0006.
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In his 2012 book The Harm in Hate Speech, Jeremy Waldron has argued sustainedly in favor of hate-speech laws like those that have been enacted in most of the European liberal democracies and in Canada and the Antipodes. His main target is the American position on hate speech, for in the USA any laws along the lines of those just mentioned would be violative of the First Amendment to the American Constitution. This chapter maintains that the gist of the American position is not only a corollary of the First Amendment but also a corollary of the moral principle of freedom of expression. Even more strongly, the chapter contends that the hate-speech statutes championed by Waldron are profoundly demeaning for any country wherein they are adopted. The adoption of such statutes both ensures and presupposes that a system of governance has failed to meet its responsibility to bring about the political and social and economic conditions under which every member of a society can be warranted in harboring an ample sense of self-respect.
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Gellert, Raphaël. "Meta regulation in data protection law: the risk-based approach." In The Risk-Based Approach to Data Protection, 136–84. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198837718.003.0006.
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Chapter 5 studies in depth the risk-based approach to data protection, including its rationale and its scope. It shows that it is only a partial implementation of meta regulation. Contrary to meta regulation, it refrains from delegating the regulatory function of standard setting to the regulatees. Instead of addressing all of the issues associated with the “diagnosis-prescription”diagnosis-prescription| flaw associated with command and” control (ie the selection of standards that will lead to satisfactory regulatory outcomes, and the adequate implementation/compliance with the latter), it only focuses on the better implementation of the data protection provisions. In any case, it is also predicated upon the responsibilisation, and hence, the risk transformation of data controllers’ activities. Such responsibilisation is to be found in the modern principle of accountability. Beyond the GDPR, many contemporary statutes have adopted a similar risk-based approach (even though not explicitly named as such). These include Canada’s PIPEDAPIPEDA|, Council of Europe Convention 108+Convention 108+|, etc. These various statutes are discussed and contrasted. Key to the discussion are issues such as the safeguards and type of regulatory collaboration these statutes provide for (eg data protection impact assessment), or how the risk management obligations fare in comparison to the ISO 31000 risk management StandardISO:31000 risk management Standard 2009|, which can be considered the canon in this matter. Finally, this chapter also examines a number of policy proposals that featured a different type of risk-based approach. Namely, one that espouses meta regulation’s delegation of the standard setting function to the regulatees.