The main issue that this thesis deals with is the interaction between the Supreme Court of Canada’s recent decision in ESA vs. SOCAN and the new making available right introduced in Canada’s Copyright Modernization Act. The thesis analyzes the approach of the Supreme Court of Canada in ESA vs. SOCAN and examines the legislative history of the making available right on both global and domestic levels. A conclusion drawn by this thesis is that, the scope of the communication right in Canada’s Copyright Act should be expanded after the introduction of the making available right in order to cover a variety of digital transmissions including downloading, P2P file sharing and other interactive transmissions.

This thesis offers a reading of the legal philosophy of the mid-twentieth century legal scholar, Lon L. Fuller. By illuminating how Fuller’s vision of law gravitates constantly to the relationship between the form of law and the status of the legal subject as an agent, this reading provides a basis for revisiting the issues in dispute in his famous exchanges with the legal positivist philosopher, H.L.A. Hart. The thesis as a whole seeks to meet two main objectives. First, I seek to demonstrate how Fuller’s persistent concern for the way that the form of law instantiates respect for the legal subject lends his legal philosophy a coherence that has been insufficiently appreciated to this point. Second, I seek to elaborate the claim that once we appreciate the centrality of the relationship between legal form and agency to Fuller’s thought, we come to understand why he insisted that law can and should be distinguished from other modes of ordering, and why it must also be regarded as distinctively moral.

Established within the context of a severe shortage of organs and tissues for transplantation, this thesis explores whether presumed consent for cadaveric organ donation is a legitimate policy choice for Ontario. The medical, legal and social reasons underlying organ scarcity and increased demand for transplantation are examined, and the shortcomings of Ontario’s current express consent system are analyzed. The various criticisms of presumed consent are also explored, including concerns with respect to its effectiveness, level of public support and implications for personal autonomy. Although the Citizens Panel on Increasing Organ Donations recommended against enacting presumed consent legislation, it is argued that the Panel was too dismissive of this concept given a perceived lack of public support. It is concluded that presumed consent can meet the concerns of critics, and that as part of a broader strategy could significantly increase the number of cadaveric organ and tissue donors in the province.

This thesis examines the development of the right of indigenous peoples to natural resources on their lands and territories in international law. It examines international treaties, the jurisprudence of international courts and other international bodies, as well as the practice of international actors. A special focus is on the UN General Assembly Declaration on the Rights of Indigenous Peoples. The thesis describes the drafting process and the discussions that took place around the issue of land rights and natural resources, and uses this to draw conclusions on the development of a new international customary law of an indigenous right to free, prior and informed consent with regard to natural resources.

In the context of transition, where the Chinese enterprises are seeking good models for the corporate governance, one Anglo-American corporate governance model, the agency model, seems to shed some light on enterprises that used to be privately-owned and have transformed into public corporations. Although the agency model might be a solution to the public corporations, it never the less fails to match the Chinese context in many respects. In light of the nature of the agency model and potential mismatches with the Chinese context, this thesis examines theoretical reasons that could account for the discrepancies between the two. It is argued that, despite the foreign nature of this model and the need for amendment, the Chinese public corporations are still be able to establish good corporate governance structure via it.

This Thesis provides an analysis of Apology Legislation in Canada, more specifically focusing on its influence on Canadian Courts & Contracts of Insurance. Apology legislation, as an amendment to the Evidence Act of a province or a stand-alone piece of legislation, was created to restrict the admissibility of acts or words of remorse or benevolence given by one person to another. Apology Legislation in Canada is said to be a positive measure on the road to making the justice system more accessible, affordable and effective. This piece will explore the framework of Apology Legislation in several common law jurisdictions, leading to an examination of the socio-economic and legal benefits it is purported to confer. This Thesis will also consider legal and policy changes that could help to alleviate the burden on the judicial system while contributing to the creation of a safer and more sustainable health care system in Canada.

Climate change debates have typically centred around the environmental and economic effects of rising greenhouse gas emissions. The focus, however, has recently begun to shift towards acknowledging the human impacts of global climate change, especially in vulnerable regions and communities. This thesis considers whether human rights law can compensate for the inability of traditional, state-centred, environmental law and international law to address the human impacts of climate change. By using the situation of the Canadian Inuit as a case study, this thesis focuses on 'greening' existing human rights to address the environmental damage in the Canadian Arctic as a result of climate change. This study concludes that, although international human rights regimes provide potential forums for groups such as the Canadian Inuit, substantive environmental human rights are necessary in international law in order to best address the complex intersection of environmental degradation, such as climate change, and human rights.

This paper argues that credit ratings have contributed to the current financial crisis. In United States, the previous “reputational model” as well as the current proposals aimed at reducing reliance on rating agencies, enhancing competition and increasing transparency is not sufficient to improve the integrity of rating agencies. This paper suggests that imposing stricter liability on rating agencies is necessary. The proposal to eliminate the exemption of NRSROs under Section 11 of the Securities Act is necessary but not sufficient for holding rating agencies accountable. The first amendment defense always shields rating agencies from legal liability, while the absence of a common standard make it hard to impose liability for negligent ratings. Finally, this paper suggests that the courts should not award the rating agencies First Amendment protection and consider the distinguished characteristics of rating agencies, when examining the professional liability of the agencies.

The law assigns to parents primary responsibility for their children and invests them with significant powers and discretion to discharge their duties. The considerable deference the law affords parents can appear to undermine important social and political values like equality, tolerance and social stability. The aim of this thesis is provide a rational account of why parents are invested with legal responsibility and authority over their children, and why the law limits state scrutiny of parental choice. To do so, I develop Hegel’s legal and political philosophy in order to show the family to be a necessary part of a system of institutions that constitute human freedom. As such, Hegel’s thought provides grounds to affirm the family, and broad scope of parental authority, even though the family constrains efforts to achieve equality of opportunity and can propagate intolerant and idiosyncratic values to subsequent generations.

This paper addresses the question of whether the patentability of signals is compatible with the law in Canada and attempts to develop a test for use in determining when a signal should be considered patentable subject matter. The hard-line position of the Canadian Intellectual Property Office, that signals are not patentable, is shown not to be supported in law. Canada’s domestic law is, in fact, compatible with the patentability of signals. Lessons are drawn from Europe, where signals are patentable and the United States, where they are not. Various international treaties are also examined for possible obligations concerning signals. Finally, an attempt is made to formulate a workable test for the patentability of signals that is compatible with Canadian legislation and case law.