What characteristics make a legal mother? The thesis explores some of the gendered differences in establishing legal parentage. It defends that there is no adequate conception or definition of legal motherhood in Canada. Indeed, the conception of legal motherhood is elusive or reiterates the problematic association between biological motherhood and legal motherhood. The logical leap between a biological situation and a legal status creates two main problems. First, the elusiveness of motherhood as a legal category tends to strengthen gendered assumptions in legal parentage, and it is especially burdensome on women. Second, given the fact that no guidance is provided to decision makers, the vesting of motherhood is often subjected to an evaluation of a woman’s sexuality, sexual choices, or sexual preferences. There is a need a to put forward a comprehensive analysis of legal parentage; a gender and sexuality neutral concept of stratified legal parenthood.

This paper examines the Ontario Securities Commission's regulation of poison pills as well as several proposals to reform the current regulatory regime. In particular, the paper argues that regulation and reforms should be viewed within the context of two fundamental, normative questions that underlie much of corporate law: what is the purpose of the corporation, and who should determine whether these goals are being met. After outlining several competing theories, the paper explains why a corporate model based on the shareholder-centric, wealth maximization theory is best suited for hostile takeover situations. Additionally, the paper argues that a structural bid reform that would require hostile bidders to include minimum tender conditions and additional opportunities for target company shareholders to tender following a successful bid would provide the best way to incorporate this corporate model into Ontario securities regulation.

Are Aboriginal rights defensible within the framework of liberalism? Liberalism's commitment to individual equality seems to preclude Aboriginal rights insofar as these rights are exercisable by only a sub-set of the Canadian population and not by all Canadians equally. Instead of asking how Aboriginal rights can be justified within the liberal state, we need to question the legitimacy of the state's assertion of sovereignty over Aboriginal peoples and territories. Of the four potentially applicable modes of acquiring sovereignty - discovery, conquest, cession and prescription - only treaties have the potential to provide a liberally-compelling basis for the legitimacy of Crown sovereignty. But historical treaties did not purport to transfer sovereignty. As such, Canadian sovereignty suffers from a normative lacuna. Aboriginal rights, as set out in mutually consensual treaties addressing the sharing of sovereignty, have the potential to fill this lacuna and thereby to ground the legitimacy of Crown sovereignty.

This paper examines the Ontario Securities Commission's regulation of poison pills as well as several proposals to reform the current regulatory regime. In particular, the paper argues that regulation and reforms should be viewed within the context of two fundamental, normative questions that underlie much of corporate law: what is the purpose of the corporation, and who should determine whether these goals are being met. After outlining several competing theories, the paper explains why a corporate model based on the shareholder-centric, wealth maximization theory is best suited for hostile takeover situations. Additionally, the paper argues that a structural bid reform that would require hostile bidders to include minimum tender conditions and additional opportunities for target company shareholders to tender following a successful bid would provide the best way to incorporate this corporate model into Ontario securities regulation.

US – Definitive Anti-dumping and Countervailing Duties on Certain Products from China is the initial WTO dispute in which China claims that US-countervailing duties on certain products from China are inconsistent with the obligations of the United States under the SCM Agreement. The meaning of “public bodies” within Article 1.1 (a) (1) of the SCM Agreement and the question of whether China’s “SOCB” constitute “public bodies” are the heart of the matter. The thesis argues that the theory of the governmental function is more persuasive than that of governmental control in terms of defining “public bodies”. Although the majority ownership of China’s SOCBs has remained in the Chinese government, their policy-oriented nature has been largely marginalized. The conclusion is that the WTO system needs to give developing countries more policy flexibility, and developing countries should also make the best use of their latent comparative advantage and the effects of globalization.

US – Definitive Anti-dumping and Countervailing Duties on Certain Products from China is the initial WTO dispute in which China claims that US-countervailing duties on certain products from China are inconsistent with the obligations of the United States under the SCM Agreement. The meaning of “public bodies” within Article 1.1 (a) (1) of the SCM Agreement and the question of whether China’s “SOCB” constitute “public bodies” are the heart of the matter. The thesis argues that the theory of the governmental function is more persuasive than that of governmental control in terms of defining “public bodies”. Although the majority ownership of China’s SOCBs has remained in the Chinese government, their policy-oriented nature has been largely marginalized. The conclusion is that the WTO system needs to give developing countries more policy flexibility, and developing countries should also make the best use of their latent comparative advantage and the effects of globalization.

The liability of companies for extra-territorial human rights violations does not solely arise from human rights statutes and traditional tort law approaches, but also from the corporate and securities law domains. Securities law requires that public companies disclose any high risk activity that the company is involved in, to the extent that it may affect the viability of the corporation, and this includes possible human rights violations. Management decisions in the field of Corporate Social Responsibility must concern the long-term viability of a company, and therefore accommodating, to the extent possible, the demands of stakeholders – be they traditional shareholders, responsible shareholders, or affected communities. This thesis will analyze the legal obligations triggering such corporate decisions, as well as the industry trends which inform them. The focus will be on Canadian public mining companies.

Using Burris et al.’s model of law as a social determinant of health, this thesis postulates that the law and its application contribute to abortion-related morbidity and mortality among those women who qualify for a legal and safe abortion according to the justifications stipulated in the Criminal Code. This thesis proposes a circular model in order to show how the application of the law, through courts rulings, contributes to unsafe abortion. On the one hand, Argentine law acts as a pathway along which inequity in socioeconomic status exposes certain women to pathogenic practices, such as self-induced abortions. On the other hand, the law acts as a shaper of socioeconomic status as it perpetuates gender stereotypes, constructing a normative world where sex-role stereotypes are naturalized, and having an impact in women’s lack of access to legal and safe abortions.

Using Burris et al.’s model of law as a social determinant of health, this thesis postulates that the law and its application contribute to abortion-related morbidity and mortality among those women who qualify for a legal and safe abortion according to the justifications stipulated in the Criminal Code. This thesis proposes a circular model in order to show how the application of the law, through courts rulings, contributes to unsafe abortion. On the one hand, Argentine law acts as a pathway along which inequity in socioeconomic status exposes certain women to pathogenic practices, such as self-induced abortions. On the other hand, the law acts as a shaper of socioeconomic status as it perpetuates gender stereotypes, constructing a normative world where sex-role stereotypes are naturalized, and having an impact in women’s lack of access to legal and safe abortions.

With the rise of the welfare state, democratic, common law governments undertook a new proactive role as social welfare manager; allocating limited health, education, and social services benefits among competing public priorities. In spite of the important impact of this role on the lives of citizens, the various political, managerial, and legal mechanisms designed to hold executive social policy-makers accountable to the legislature have largely broken down. In this dissertation, I argue that our constitutional democracy permits courts to fill this accountability gap by acting as an accountability mechanism of last resort. I propose a new doctrine of administrative review for social policy and programs in which deference is based on evidence of accountability achieved within the policy-making process. Administrative review for accountability would allow courts to evaluate the legitimacy of the process by which social policy is created rather than interfering in the substance of social policy. My dissertation seeks to develop this administrative review doctrine within existing constitutional constraints including the separation of powers.