Jason MacLean | University of Saskatchewan (original) (raw)
Papers by Jason MacLean
McGill Law Journal, 2005
The undergraduate law curriculum adopted at McGill University in 1998 - the transsystemic program... more The undergraduate law curriculum adopted at McGill University in 1998 - the transsystemic programme - was born of the unique political, social, and intellectual histories of its Faculty of Law. This essay reviews these contexts and characterizes the programme as an ongoing conversation about law, language, and knowledge that has animated the teaching programme since the faculty's founding, 150 years ago. The essay begins by juxtaposing the phrases "No Vehicles in Park" and "No Toilets in Park" to suggest that law and legal education are hermeneutic endeavours embedded in social experience. At McGill, this interpretive practice may be described as "constitutive polyjurality" - a term the authors coin to capture the theoretical ground of transsystemic leaching, an epistemological and pedagogical practice at once pluralist, polycentric, non-positivist, and interactive. Using the first-year introductory course Foundations of Canadian Law as an illustrat...
University of New Brunswick Law Journal, 2019
Therefore, whilst the unity and consolidation connected with Legislative Unity was obtained on th... more Therefore, whilst the unity and consolidation connected with Legislative Unity was obtained on the one hand, due care and attention to the local matters interesting to each Province were provided for by the preservation of local parliaments, and those powers were so arranged as to prevent any conflict or struggle which might lead to any difficulty between the several sections. 1 The Attorney General submits that the Court should not be swayed by arguments about the importance of climate change in today's world … Maintaining the jurisdictional balance of the division of powers is always more important. 2 No country would find 173 billion barrels of oil in the ground and just leave them. 3
But what are concepts save formulations and creations of thought, which, instead of giving us the... more But what are concepts save formulations and creations of thought, which, instead of giving us the true forms of objects, show us rather the forms of thought itself? — Ernst Cassirer, Language and Myth 2 During the past decade, the examination of globalization, broadly conceived, has assumed a central position in the agenda of social sci-ence research and political commentary. As a keyword, a designator of a pivotal concept in contemporary discourse, globalization is however a relatively recent innovation. “Globalization, ” as one account has it, “is the buzzword of the late twentieth century ” and is set to become “the biggest political issue of the next century.”3 In the preface to The Cultures of Globalization, Fredric Jameson writes “Globalization—even the term itself has been hotly contested—... is the modern or postmod-ern version of the proverbial elephant, described by its blind observers in so many diverse ways. Yet one can still posit the existence of the ele-phant in the a...
But what are concepts save formulations and creations of thought, which, instead of giving us the... more But what are concepts save formulations and creations of thought, which, instead of giving us the true forms of objects, show us rather the forms of thought itself? — Ernst Cassirer, Language and Myth 2 During the past decade, the examination of globalization, broadly conceived, has assumed a central position in the agenda of social sci-ence research and political commentary. As a keyword, a designator of a pivotal concept in contemporary discourse, globalization is however a relatively recent innovation. “Globalization, ” as one account has it, “is the buzzword of the late twentieth century ” and is set to become “the biggest political issue of the next century.”3 In the preface to The Cultures of Globalization, Fredric Jameson writes “Globalization—even the term itself has been hotly contested—... is the modern or postmod-ern version of the proverbial elephant, described by its blind observers in so many diverse ways. Yet one can still posit the existence of the ele-phant in the a...
But what are concepts save formulations and creations of thought, which, instead of giving us the... more But what are concepts save formulations and creations of thought, which, instead of giving us the true forms of objects, show us rather the forms of thought itself? — Ernst Cassirer, Language and Myth 2 During the past decade, the examination of globalization, broadly conceived, has assumed a central position in the agenda of social sci-ence research and political commentary. As a keyword, a designator of a pivotal concept in contemporary discourse, globalization is however a relatively recent innovation. “Globalization, ” as one account has it, “is the buzzword of the late twentieth century ” and is set to become “the biggest political issue of the next century.”3 In the preface to The Cultures of Globalization, Fredric Jameson writes “Globalization—even the term itself has been hotly contested—... is the modern or postmod-ern version of the proverbial elephant, described by its blind observers in so many diverse ways. Yet one can still posit the existence of the ele-phant in the a...
Changing Actors in International Law
Changing Actors in International Law
Consideration, long considered an essential element of contract formation, is not a thing. It is ... more Consideration, long considered an essential element of contract formation, is not a thing. It is so nebulous, so shape-shifting, and ultimately so arbitrarily defined and deployed by courts that it cannot be said to be a meaningful or predictable element of contract law doctrine. The doctrine of consideration is fascinating for a number of reasons but perhaps none more so than the fact that it is a zombie theory – it should have died long ago, and yet it keeps shambling along. So it was with considerable excitement that I and other “common sense” professors of contract law awaited the Ontario Court of Appeal’s decision in Richcraft Homes Ltd. v Urbandale Corporation. In Richcraft, the Ontario Court of Appeal peered fearlessly into consideration’s empty, lifeless eyes, but just as it was poised to finally vanquish consideration forever, the court blinked, allowing consideration to live another day. Regrettable as this is, it gets worse. For not only did the court miss an important op...
Consideration, long considered an essential element of contract formation, is not a thing. It is ... more Consideration, long considered an essential element of contract formation, is not a thing. It is so nebulous, so shape-shifting, and ultimately so arbitrarily defined and deployed by courts that it cannot be said to be a meaningful or predictable element of contract law doctrine. The doctrine of consideration is fascinating for a number of reasons but perhaps none more so than the fact that it is a zombie theory – it should have died long ago, and yet it keeps shambling along. So it was with considerable excitement that I and other “common sense” professors of contract law awaited the Ontario Court of Appeal’s decision in Richcraft Homes Ltd. v Urbandale Corporation. In Richcraft, the Ontario Court of Appeal peered fearlessly into consideration’s empty, lifeless eyes, but just as it was poised to finally vanquish consideration forever, the court blinked, allowing consideration to live another day. Regrettable as this is, it gets worse. For not only did the court miss an important op...
An absence of conclusive scientific evidence that serious and irreversible environmental harm wil... more An absence of conclusive scientific evidence that serious and irreversible environmental harm will occur within their sphere of influence must not deter corporations from taking cost-effective precautionary measures. Furthermore, corporations bear the burden of proof of socially acceptable safety when they advocate potentially harmful projects.
An absence of conclusive scientific evidence that serious and irreversible environmental harm wil... more An absence of conclusive scientific evidence that serious and irreversible environmental harm will occur within their sphere of influence must not deter corporations from taking cost-effective precautionary measures. Furthermore, corporations bear the burden of proof of socially acceptable safety when they advocate potentially harmful projects.
As a first-year law student at McGill University some years ago I interviewed for a summer positi... more As a first-year law student at McGill University some years ago I interviewed for a summer position with the Department of Justice in order to get some initial experience in the practice of criminal law. I approached the interview hoping that my experience in helping establish Innocence McGill, a law student clinic devoted to investigating wrongful conviction claims in the province of Quebec, would recommend me to the job. Surely, I thought, my work with Innocence McGill would demonstrate my interest in criminal law and the criminal justice system.
As a first-year law student at McGill University some years ago I interviewed for a summer positi... more As a first-year law student at McGill University some years ago I interviewed for a summer position with the Department of Justice in order to get some initial experience in the practice of criminal law. I approached the interview hoping that my experience in helping establish Innocence McGill, a law student clinic devoted to investigating wrongful conviction claims in the province of Quebec, would recommend me to the job. Surely, I thought, my work with Innocence McGill would demonstrate my interest in criminal law and the criminal justice system.
The Dalhousie Law Journal, 2016
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ec... more Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardy proposes an alternative model of environmental law premised on the logic of ecosystems and free markets. Pardy’s Ecolawgic suffers, however, from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy capable of disciplining the practice of environmental governance. The result—“autonomy in the Anthropocene”—gestures toward a pluralist and polycentric model of environmental regulation capable of enhancing our freedom to fashion a collective future in an existentially threatening epoch of our own making. Peut-i...
The Dalhousie Law Journal, 2016
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ec... more Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardy proposes an alternative model of environmental law premised on the logic of ecosystems and free markets. Pardy’s Ecolawgic suffers, however, from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy capable of disciplining the practice of environmental governance. The result—“autonomy in the Anthropocene”—gestures toward a pluralist and polycentric model of environmental regulation capable of enhancing our freedom to fashion a collective future in an existentially threatening epoch of our own making. Peut-i...
Law & Society: Private Law - Contracts eJournal, 2016
This article examines the conceptual and practical problems posed by so-called boilerplate contra... more This article examines the conceptual and practical problems posed by so-called boilerplate contracts (or standard form contracts, contracts of adhesion) through the lens of the Supreme Court of Canada’s recent jurisprudence on contract law. Specifically, can non-negotiable and one-sided boilerplate “contracts” satisfy, not only the standard requirements of contract formation, but also the court’s recognition of an organizing obligation of good faith and its inherently fact-sensitive approach to contractual interpretation? Through an analysis of two recent applications of the court’s new contract law jurisprudence, this article concludes that non-negotiable boilerplate contracts – which are more accurately termed “products” – cannot and should not be shoehorned into the existing categories of contract law. Consequently, contract law is dead yet again. Law reform is necessary.
Law & Society: Private Law - Contracts eJournal, 2016
This article examines the conceptual and practical problems posed by so-called boilerplate contra... more This article examines the conceptual and practical problems posed by so-called boilerplate contracts (or standard form contracts, contracts of adhesion) through the lens of the Supreme Court of Canada’s recent jurisprudence on contract law. Specifically, can non-negotiable and one-sided boilerplate “contracts” satisfy, not only the standard requirements of contract formation, but also the court’s recognition of an organizing obligation of good faith and its inherently fact-sensitive approach to contractual interpretation? Through an analysis of two recent applications of the court’s new contract law jurisprudence, this article concludes that non-negotiable boilerplate contracts – which are more accurately termed “products” – cannot and should not be shoehorned into the existing categories of contract law. Consequently, contract law is dead yet again. Law reform is necessary.
PSN: Regime Type & Development (Topic), 2017
This article places Great Lakes environmental governance in the larger legal context of the purpo... more This article places Great Lakes environmental governance in the larger legal context of the purported “myth” of transboundary environmental harm prevention. After setting out this comparative framework, the article discusses the role of public participation in environmental governance – including environmental impact assessment – under the now-traditional notice-and-comment model, and critically examines the limits of the public’s involvement and influence in environmental governance. The article proceeds to describe an alternative, stakeholder-centered approach to facilitating meaningful public participation in environmental governance capable of potentially unmaking the myth of transboundary environmental harm prevention. In particular, the article describes an emergent community-based research and policymaking methodology – Photovoice – that is ideally suited to enhancing public participation in Great Lakes environmental governance. The article concludes with suggestions for furt...
PSN: Regime Type & Development (Topic), 2017
This article places Great Lakes environmental governance in the larger legal context of the purpo... more This article places Great Lakes environmental governance in the larger legal context of the purported “myth” of transboundary environmental harm prevention. After setting out this comparative framework, the article discusses the role of public participation in environmental governance – including environmental impact assessment – under the now-traditional notice-and-comment model, and critically examines the limits of the public’s involvement and influence in environmental governance. The article proceeds to describe an alternative, stakeholder-centered approach to facilitating meaningful public participation in environmental governance capable of potentially unmaking the myth of transboundary environmental harm prevention. In particular, the article describes an emergent community-based research and policymaking methodology – Photovoice – that is ideally suited to enhancing public participation in Great Lakes environmental governance. The article concludes with suggestions for furt...
In R. v. Laflamme, the Quebec Court of Appeal ruled that the police’s repeated and escalating use... more In R. v. Laflamme, the Quebec Court of Appeal ruled that the police’s repeated and escalating use of simulations of violence and violent threats during a “Monsieur Big” operation was coercive and amounted to an abuse of process. The court threw out the suspect’s confession and stayed the proceedings, marking the first time that a court has excluded a Mr. Big confession as an abuse of process. The purpose of this comment is to assess the impact and importance of that decision.
McGill Law Journal, 2005
The undergraduate law curriculum adopted at McGill University in 1998 - the transsystemic program... more The undergraduate law curriculum adopted at McGill University in 1998 - the transsystemic programme - was born of the unique political, social, and intellectual histories of its Faculty of Law. This essay reviews these contexts and characterizes the programme as an ongoing conversation about law, language, and knowledge that has animated the teaching programme since the faculty's founding, 150 years ago. The essay begins by juxtaposing the phrases "No Vehicles in Park" and "No Toilets in Park" to suggest that law and legal education are hermeneutic endeavours embedded in social experience. At McGill, this interpretive practice may be described as "constitutive polyjurality" - a term the authors coin to capture the theoretical ground of transsystemic leaching, an epistemological and pedagogical practice at once pluralist, polycentric, non-positivist, and interactive. Using the first-year introductory course Foundations of Canadian Law as an illustrat...
University of New Brunswick Law Journal, 2019
Therefore, whilst the unity and consolidation connected with Legislative Unity was obtained on th... more Therefore, whilst the unity and consolidation connected with Legislative Unity was obtained on the one hand, due care and attention to the local matters interesting to each Province were provided for by the preservation of local parliaments, and those powers were so arranged as to prevent any conflict or struggle which might lead to any difficulty between the several sections. 1 The Attorney General submits that the Court should not be swayed by arguments about the importance of climate change in today's world … Maintaining the jurisdictional balance of the division of powers is always more important. 2 No country would find 173 billion barrels of oil in the ground and just leave them. 3
But what are concepts save formulations and creations of thought, which, instead of giving us the... more But what are concepts save formulations and creations of thought, which, instead of giving us the true forms of objects, show us rather the forms of thought itself? — Ernst Cassirer, Language and Myth 2 During the past decade, the examination of globalization, broadly conceived, has assumed a central position in the agenda of social sci-ence research and political commentary. As a keyword, a designator of a pivotal concept in contemporary discourse, globalization is however a relatively recent innovation. “Globalization, ” as one account has it, “is the buzzword of the late twentieth century ” and is set to become “the biggest political issue of the next century.”3 In the preface to The Cultures of Globalization, Fredric Jameson writes “Globalization—even the term itself has been hotly contested—... is the modern or postmod-ern version of the proverbial elephant, described by its blind observers in so many diverse ways. Yet one can still posit the existence of the ele-phant in the a...
But what are concepts save formulations and creations of thought, which, instead of giving us the... more But what are concepts save formulations and creations of thought, which, instead of giving us the true forms of objects, show us rather the forms of thought itself? — Ernst Cassirer, Language and Myth 2 During the past decade, the examination of globalization, broadly conceived, has assumed a central position in the agenda of social sci-ence research and political commentary. As a keyword, a designator of a pivotal concept in contemporary discourse, globalization is however a relatively recent innovation. “Globalization, ” as one account has it, “is the buzzword of the late twentieth century ” and is set to become “the biggest political issue of the next century.”3 In the preface to The Cultures of Globalization, Fredric Jameson writes “Globalization—even the term itself has been hotly contested—... is the modern or postmod-ern version of the proverbial elephant, described by its blind observers in so many diverse ways. Yet one can still posit the existence of the ele-phant in the a...
But what are concepts save formulations and creations of thought, which, instead of giving us the... more But what are concepts save formulations and creations of thought, which, instead of giving us the true forms of objects, show us rather the forms of thought itself? — Ernst Cassirer, Language and Myth 2 During the past decade, the examination of globalization, broadly conceived, has assumed a central position in the agenda of social sci-ence research and political commentary. As a keyword, a designator of a pivotal concept in contemporary discourse, globalization is however a relatively recent innovation. “Globalization, ” as one account has it, “is the buzzword of the late twentieth century ” and is set to become “the biggest political issue of the next century.”3 In the preface to The Cultures of Globalization, Fredric Jameson writes “Globalization—even the term itself has been hotly contested—... is the modern or postmod-ern version of the proverbial elephant, described by its blind observers in so many diverse ways. Yet one can still posit the existence of the ele-phant in the a...
Changing Actors in International Law
Changing Actors in International Law
Consideration, long considered an essential element of contract formation, is not a thing. It is ... more Consideration, long considered an essential element of contract formation, is not a thing. It is so nebulous, so shape-shifting, and ultimately so arbitrarily defined and deployed by courts that it cannot be said to be a meaningful or predictable element of contract law doctrine. The doctrine of consideration is fascinating for a number of reasons but perhaps none more so than the fact that it is a zombie theory – it should have died long ago, and yet it keeps shambling along. So it was with considerable excitement that I and other “common sense” professors of contract law awaited the Ontario Court of Appeal’s decision in Richcraft Homes Ltd. v Urbandale Corporation. In Richcraft, the Ontario Court of Appeal peered fearlessly into consideration’s empty, lifeless eyes, but just as it was poised to finally vanquish consideration forever, the court blinked, allowing consideration to live another day. Regrettable as this is, it gets worse. For not only did the court miss an important op...
Consideration, long considered an essential element of contract formation, is not a thing. It is ... more Consideration, long considered an essential element of contract formation, is not a thing. It is so nebulous, so shape-shifting, and ultimately so arbitrarily defined and deployed by courts that it cannot be said to be a meaningful or predictable element of contract law doctrine. The doctrine of consideration is fascinating for a number of reasons but perhaps none more so than the fact that it is a zombie theory – it should have died long ago, and yet it keeps shambling along. So it was with considerable excitement that I and other “common sense” professors of contract law awaited the Ontario Court of Appeal’s decision in Richcraft Homes Ltd. v Urbandale Corporation. In Richcraft, the Ontario Court of Appeal peered fearlessly into consideration’s empty, lifeless eyes, but just as it was poised to finally vanquish consideration forever, the court blinked, allowing consideration to live another day. Regrettable as this is, it gets worse. For not only did the court miss an important op...
An absence of conclusive scientific evidence that serious and irreversible environmental harm wil... more An absence of conclusive scientific evidence that serious and irreversible environmental harm will occur within their sphere of influence must not deter corporations from taking cost-effective precautionary measures. Furthermore, corporations bear the burden of proof of socially acceptable safety when they advocate potentially harmful projects.
An absence of conclusive scientific evidence that serious and irreversible environmental harm wil... more An absence of conclusive scientific evidence that serious and irreversible environmental harm will occur within their sphere of influence must not deter corporations from taking cost-effective precautionary measures. Furthermore, corporations bear the burden of proof of socially acceptable safety when they advocate potentially harmful projects.
As a first-year law student at McGill University some years ago I interviewed for a summer positi... more As a first-year law student at McGill University some years ago I interviewed for a summer position with the Department of Justice in order to get some initial experience in the practice of criminal law. I approached the interview hoping that my experience in helping establish Innocence McGill, a law student clinic devoted to investigating wrongful conviction claims in the province of Quebec, would recommend me to the job. Surely, I thought, my work with Innocence McGill would demonstrate my interest in criminal law and the criminal justice system.
As a first-year law student at McGill University some years ago I interviewed for a summer positi... more As a first-year law student at McGill University some years ago I interviewed for a summer position with the Department of Justice in order to get some initial experience in the practice of criminal law. I approached the interview hoping that my experience in helping establish Innocence McGill, a law student clinic devoted to investigating wrongful conviction claims in the province of Quebec, would recommend me to the job. Surely, I thought, my work with Innocence McGill would demonstrate my interest in criminal law and the criminal justice system.
The Dalhousie Law Journal, 2016
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ec... more Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardy proposes an alternative model of environmental law premised on the logic of ecosystems and free markets. Pardy’s Ecolawgic suffers, however, from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy capable of disciplining the practice of environmental governance. The result—“autonomy in the Anthropocene”—gestures toward a pluralist and polycentric model of environmental regulation capable of enhancing our freedom to fashion a collective future in an existentially threatening epoch of our own making. Peut-i...
The Dalhousie Law Journal, 2016
Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ec... more Can there be autonomy in the Anthropocene? Libertarian environmental law scholar Bruce Pardy’s Ecolawgic: The Logic of Ecosystems and the Rule of Law argues that contemporary environmental law violates the right to autonomy and runs afoul of the rule of law. Pardy proposes an alternative model of environmental law premised on the logic of ecosystems and free markets. Pardy’s Ecolawgic suffers, however, from the very same conceptual infirmities that substantially undermine the real-world application of the free market paradigm on which Ecolawgic is largely based. Notwithstanding this critical flaw, Ecolawgic may be read as an aspirational model of environmental law and policy capable of disciplining the practice of environmental governance. The result—“autonomy in the Anthropocene”—gestures toward a pluralist and polycentric model of environmental regulation capable of enhancing our freedom to fashion a collective future in an existentially threatening epoch of our own making. Peut-i...
Law & Society: Private Law - Contracts eJournal, 2016
This article examines the conceptual and practical problems posed by so-called boilerplate contra... more This article examines the conceptual and practical problems posed by so-called boilerplate contracts (or standard form contracts, contracts of adhesion) through the lens of the Supreme Court of Canada’s recent jurisprudence on contract law. Specifically, can non-negotiable and one-sided boilerplate “contracts” satisfy, not only the standard requirements of contract formation, but also the court’s recognition of an organizing obligation of good faith and its inherently fact-sensitive approach to contractual interpretation? Through an analysis of two recent applications of the court’s new contract law jurisprudence, this article concludes that non-negotiable boilerplate contracts – which are more accurately termed “products” – cannot and should not be shoehorned into the existing categories of contract law. Consequently, contract law is dead yet again. Law reform is necessary.
Law & Society: Private Law - Contracts eJournal, 2016
This article examines the conceptual and practical problems posed by so-called boilerplate contra... more This article examines the conceptual and practical problems posed by so-called boilerplate contracts (or standard form contracts, contracts of adhesion) through the lens of the Supreme Court of Canada’s recent jurisprudence on contract law. Specifically, can non-negotiable and one-sided boilerplate “contracts” satisfy, not only the standard requirements of contract formation, but also the court’s recognition of an organizing obligation of good faith and its inherently fact-sensitive approach to contractual interpretation? Through an analysis of two recent applications of the court’s new contract law jurisprudence, this article concludes that non-negotiable boilerplate contracts – which are more accurately termed “products” – cannot and should not be shoehorned into the existing categories of contract law. Consequently, contract law is dead yet again. Law reform is necessary.
PSN: Regime Type & Development (Topic), 2017
This article places Great Lakes environmental governance in the larger legal context of the purpo... more This article places Great Lakes environmental governance in the larger legal context of the purported “myth” of transboundary environmental harm prevention. After setting out this comparative framework, the article discusses the role of public participation in environmental governance – including environmental impact assessment – under the now-traditional notice-and-comment model, and critically examines the limits of the public’s involvement and influence in environmental governance. The article proceeds to describe an alternative, stakeholder-centered approach to facilitating meaningful public participation in environmental governance capable of potentially unmaking the myth of transboundary environmental harm prevention. In particular, the article describes an emergent community-based research and policymaking methodology – Photovoice – that is ideally suited to enhancing public participation in Great Lakes environmental governance. The article concludes with suggestions for furt...
PSN: Regime Type & Development (Topic), 2017
This article places Great Lakes environmental governance in the larger legal context of the purpo... more This article places Great Lakes environmental governance in the larger legal context of the purported “myth” of transboundary environmental harm prevention. After setting out this comparative framework, the article discusses the role of public participation in environmental governance – including environmental impact assessment – under the now-traditional notice-and-comment model, and critically examines the limits of the public’s involvement and influence in environmental governance. The article proceeds to describe an alternative, stakeholder-centered approach to facilitating meaningful public participation in environmental governance capable of potentially unmaking the myth of transboundary environmental harm prevention. In particular, the article describes an emergent community-based research and policymaking methodology – Photovoice – that is ideally suited to enhancing public participation in Great Lakes environmental governance. The article concludes with suggestions for furt...
In R. v. Laflamme, the Quebec Court of Appeal ruled that the police’s repeated and escalating use... more In R. v. Laflamme, the Quebec Court of Appeal ruled that the police’s repeated and escalating use of simulations of violence and violent threats during a “Monsieur Big” operation was coercive and amounted to an abuse of process. The court threw out the suspect’s confession and stayed the proceedings, marking the first time that a court has excluded a Mr. Big confession as an abuse of process. The purpose of this comment is to assess the impact and importance of that decision.