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The Canadian Environmental Assessment Act (CEAA), as well as comparable laws such as the Ontario Environmental Assessment Act, is precisely the type of law one would expect to play a role in mitigating greenhouse gas (GHG) emissions from new projects. Unfortunately, in practice, CEAA is proving to be a failure in reducing or even stabilizing ever-increasing Canadian GHG emissions most notably from the oil and gas sector, particularly the tar sands. This article explores the reasons why CEAA has thus far disappointed advocates hoping to see the mitigation of GHG emissions from new projects. The author suggests that headway in reducing GHG emissions may nonetheless be made under CEAA by convincing courts that significance can only be defined in a manner consistent with the dictates of climate science. In particular, a focus on cumulative effects may help define significance in a more climate-friendly manner. The article also explores law reform options that would make CEAA a more effective tool in addressing climate change.
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Copyright has long been viewed as one of the government?s most difficult policy issues. It attracts passionate views from a wide range of stakeholders, including creators, consumers, businesses, and educators and it is the source of significant political pressure from the United States. The latest chapter in the Canadian copyright saga unfolded in June 2010 as Industry Minister Tony Clement and Canadian Heritage James Moore tabled Bill C-32, copyright reform legislation billed as providing both balance and a much-needed modernization of the law. The introduction marked the culmination of months of public discussion and internal government debate. This book represents an effort by some of Canada?s leading copyright experts to shift away from the sloganeering that has marked the debate to date by moving toward an informed analysis of Bill C-32 and the future development of Canadian copyright law. Edited by Professor Michael Geist, an internationally regarded authority on Internet and technology law, it responds to the need for non-partisan, informed analysis of Bill C-32. An exceptional group of Canadian scholars from coast-to-coast have come together to assess Canada?s plans for copyright reform and the digital agenda in this timely volume that features context for the reforms, analysis of its impact on technology, business, education, and creators, as well as a look ahead to future copyright and digital issues.
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The article discusses the English case law under the notion of best interest test as articulated that lead to the development of fitness to plead in New Zealand. It examines the idea of decisional capacity and its start to turn fitness jurisprudence more decisively towards a capacity-based notion of trial competence. Also mentioned is the developments of case law where the best interest standard is discussed and its future implications on law.
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