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Dispatches: Canadian International Law Students Conference 2018

CILSC logo

By Isabel Dávila, JD candidate, Osgoode Hall Law School (York University)

Photos by Sarah Cormack

On March 9, CLAIHR student chapters at Osgoode Hall Law School and the University of Toronto Faculty of Law co-hosted the annual Canadian International Law Students Conference (CILSC). CILSC provides a forum for law students, academics, practitioners, and other leaders in international law to exchange ideas in an open, engaging environment. As always, the event was a major success, generating fruitful discussion and insights on international human rights law. Here, we provide an overview of the main events, with a special acknowledgment and warm CLAIHR congratulations to:

Brenda Chang, Calum Agnew, Yinka Oyelowo, Christie McLeod, and everyone else who contributed to putting on such a great event!

By |March 23rd, 2018|Blog|

CORE Mandate: Canada’s Responsible Enterprise Ombudsperson

Pictured: Khaleda, a survivor of the Rana Plaza collapse, in her new job as dressmaker

Pictured: Khaleda, a survivor of the Rana Plaza collapse, in her new job as dressmaker. [Wikicommons]

By Madeline Torrie, JD candidate, University of Toronto Faculty of Law

On April 24, 2013, Rana Plaza, an eight-storey garment factory in Bangladesh, collapsed, killing an astonishing 1,138 people. Aid workers searching through the wreckage found labels for Canadian brand names, including Joe Fresh apparel linked to the Canadian company Loblaw’s. Five years on, the collapse ranks as the deadliest garment factory accident ever, and one of the deadliest industrial accidents of the 21st century.

Since Rana Plaza, companies have scrambled to improve the transparency of supply chains with mixed results. For example, Canadian Tire still refuses to publish information on its supply chain. While there has been intense public pressure for greater transparency from Canadian companies, activist groups such as Amnesty International have demanded a government response.

By |March 14th, 2018|Blog|

The ICC’s Africa Problem:
What to make of Burundi’s exit

International Criminal Court building (2016) in The Hague

By William Onyeaju, JD candidate, Osgoode Hall Law School

On October 27, 2017, the Republic of Burundi became the first country to leave the International Criminal Court (ICC). As one Burundian activist lamented, “The decision to withdraw Burundi from the Rome Statute comes at a time when the machine continues to kill with impunity in Burundi. Today, Burundian justice, as it is so called, has lost contact with life. It has become a mere tool of repression of any dissenting voice.” In contrast, a Burundian government spokesman called the withdrawal “a great victory for Burundi because it has defended its sovereignty and national pride.”

By |January 26th, 2018|Blog|

Legal Literacy in the Digital Age

Sample search for legal information.

Pictured: the future of legal access?

By Katherine Golobic, JD candidate, University of Toronto

Cody (not her real name) is a PhD student renting a basement apartment in Toronto. She struggles to balance her academic workload with two jobs and endless personal obligations. One evening in early December, her landlord came over to complete some repairs. During the visit, Cody introduced the landlord to her fiancée, Ellen. Cody could immediately tell that the landlord was not comfortable with their relationship, and he left soon after the introduction.

By |January 19th, 2018|Blog|

Access to Abortion:
An International Human Rights Perspective on Canadian Law

Logo for the Committee on the Elimination of Discrimination against Women (CEDAW)

Logo, UN Committee on the Elimination of Discrimination against Women (CEDAW)

By Isabel Dávila, J.D. candidate, Osgoode Hall Law School

Canadian abortion policy historically derives both from case law and international instruments. In 1969, Parliament partially legalised abortion under s. 251 of the Criminal Code, which permitted abortion as long as a Therapeutic Abortion Committee decided the abortion was necessary for the woman’s health. In 1981, Canada ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which sets out a woman’s right to reproductive choice, although it does not specifically refer to a right to abortion.

The ratification of CEDAW was followed shortly by the 1982 adoption of the Canadian Charter of Rights and Freedoms. The Charter, combined with CEDAW and other new legal developments, opened up the possibility of a Supreme Court challenge to Canadian abortion laws. This challenge was eventually launched by famed Montreal physician Henry Morgentaler in the late 1980’s.

By |January 10th, 2018|Blog|

Investor-State Dispute Settlement: Human Rights vs. Corporate Profits

CETA Protest in Brussels 2016

By Cassandra Knapman, J.D. candidate, University of Western Ontario

In late 2016, long-running negotiations on the EU-Canada Comprehensive Economic and Trade Agreement (CETA) came to a shuddering halt when a small French-speaking region inside Belgium refused to add its signature to the deal. Wallonia, which for complex political reasons needed to sign off on CETA in order for Belgium – the lone holdout – to join, had objected to the inclusion of an Investor-State Dispute Settlement (ISDS) mechanism. Such mechanisms permit companies to sue states for alleged discrimination against foreign investors, although in practice they have long been criticised for undermining domestic regulations.

Wallonia’s reluctance about the mechanism reflected, in part, the criticism that these mechanisms cause states to trade human rights protections for investor money, a concern that has been echoed by UN Special Rapporteurs and scholars.[2] After a flurry of negotiations, Wallonia extracted an agreement to exclude the relevant ISDS sections from the provisional application, pending an opinion from the European Court of Justice as to their compatibility with existing European treaties.[3]

By |January 3rd, 2018|Blog|

The Omar Khadr Controversy:
Child Soldiers in Canadian and International Law

Omar Khadr being interrogated by CSIS 2

By Madeline Torrie, J.D. candidate, University of Toronto Faculty of Law

One of the biggest controversies of 2017 was the Trudeau government’s decision to pay $10.5 million in compensation to Omar Khadr, a Canadian citizen and former child-detainee at Guantanamo Bay. Khadr had sued the Canadian government for violation of his s.7 Charter rights while in U.S custody, where he had been interrogated by Canadian officials. Supporters of the payment highlighted Khadr’s age ­­­— he was 15 years old at the time of the alleged grenade attack which killed U.S. soldier Christopher Speer — and role as a child soldier. Opponents of the payout – including the vast majority of the Canadian public – argued that, at best, the government should have waited for the courts to decide on the lawsuit. According to Shelly Whitman of the Roméo Dallaire Child Soldiers Initiative, this may have related to the idea of Khadr as “child terrorist”: the public believes there is less responsibility owed to children who were “recruited for terrorism”, compared with those abducted as child soldiers.

By |December 15th, 2017|Blog|

Genetic Non-Discrimination:
Civil Rights in the 21st Century

Cadena de ADN

By Gregory Ringkamp, J.D. candidate, University of Toronto Faculty of Law

As genetic information becomes increasingly easy to access, new questions have arisen as to how society should permit the information to be used. When the United States adopted the Genetic Information Nondiscrimination Act in 2008, Senator Ted Kennedy couched it in terms of human rights, referring to it as the “the first civil rights bill of the new century of life sciences.”[1] The Genetic Non-Discrimination Act, which became law in May 2017, is set to bring similar protections against genetic discrimination to Canada.

By |November 22nd, 2017|Blog|

Araya v Nevsun Resources Ltd: An Overview

By: Jacqueline Ting

Canadian multinational corporations may have to be more diligent when it comes to suspicious dealings between their subsidiaries and foreign officials, governments, and other companies abroad. In Araya v Nevsun Resources Ltd,[1] a groundbreaking decision released October 2016, Mr. Justice Abrioux of the British Columbia Supreme Court held that victims of human rights abuses committed by corporations abroad may be able to sue for a tort based on customary international law (“CIL”). Justice Abrioux dismissed the application of Nevsun Resources (“Nevsun”), a British Columbia-based company, to strike the claims of the three Eritrean nationals. The plaintiffs allege that they were subject to forced labour and torture at the Bisha mine in Eritrea, which Nevsun partially owns. While the case is currently on appeal, in the meantime, this decision could usher in a new age of transnational civil litigation.

By |April 6th, 2017|Blog|

Regulating Business and Human Rights Across Borders

By Jinny Kim

With the spread of globalization and the rise of multinational business, the adverse impact of corporate actors on human rights has been the subject of increasing attention. For Canadians, the deaths of over 1,100 Bangladeshi workers making Joe Fresh garments in a horrific factory collapse in 2013 brought these concerns front and centre.[1] In Ontario, a case concerning the murder and rape of Mayan villagers in Guatemala by security forces allegedly under the control of Canadian parent company HudBay Minerals Inc. has been ongoing since 2010.[2] As more corporations expand their operations internationally, there is a growing need to supervise their actions, and actions which may be attributed to them, so as to prevent human rights abuses and enable victims to seek redress.

By |March 21st, 2017|Blog|