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Canadian Yearbook of Human Rights

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Canadian Yearbook of Human Rights EDITORS Editor-in-Chief John Packer Executive Editor Kirsten J. Fisher Associate Editor João Velloso STUDENTS EDITORIAL TEAM, MCMASTER UNIVERSITY Team Manager Ryan Markesic Team Members Lena Hemed Tiffani Williams Leah Glintz Jasleen Sodni Humza Khan Klaudia Chmiel Leanne Winkels Nancy Teng Rochelle Allen Alexandra Turk Paul Bruno Sophia Topper RÉDACTEURS Rédacteur en chef John Packer Directrice de la rédaction Kirsten J. Fisher Rédacteur adjoint João Velloso ÉQUIPE ÉTUDIANTE DE LA RÉDACTION, UNIVERSITÉ MCMASTER Chef d’équipe Ryan Markesic Membres de l’équipe Lena Hemed Tiffani Williams Leah Glintz Jasleen Sodni Humza Khan Klaudia Chmiel Leanne Winkels Nancy Teng Rochelle Allen Alexandra Turk Paul Bruno Sophia Topper CONTRIBUTORS Patrick F. Baud is an LLB student at McGill University and a Policy Advisor to the Financial Accountability Officer, Legislative Assembly of Ontario. Stephanie Carvin is an Assistant Professor at the Norman Paterson School of International Affairs at Carleton University. Carmen K. Cheung is a Professor at the University of Toronto, Munk School of Global Affairs. Larry Chartrand is a Professor in the Faculty of Law at the University of Ottawa. Yvonne Donders is Professor of International Human Rights and Cultural Diversity, and Director, Amsterdam Center for International Law, University of Amsterdam. Kirsten J. Fisher is a member of the Human Rights Research and Education Centre at the University of Ottawa. Craig Forcese is a Professor in the Common Law Section of the Faculty of Law at the University of Ottawa. Etienne Roy Grégoire is a dictatorial candidate at the School of Political Studies at the University of Ottawa. Vanessa Gruben is an Associate Professor of Law at the University of Ottawa. Graham Hudson is an Associate Professor in the Department of Criminology at Ryerson University. Rebecca Johnson is a Professor in the Faculty of Law at the University of Victoria. Omid B. Milani is an artist and a doctoral candidate in the Faulty of Law, University of Ottawa. Jennifer Moore, LLM is an Ottawa-based consultant and crisis management mediator. Michael Nesbit is a Professor of Law at the University of Calgary. Darren O’Toole is an Associate Professor of Law at the University of Ottawa. John Packer is the Director of the Human Rights Research and Education Centre and Associate Professor of Law at the University of Ottawa. David Petrasek is an Associate Professor in the Graduate School of Public and International Affairs at the University of Ottawa. Kent Roach is a Professor of Law and Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law. Allan J. Ryan is New Sun Chair in Aboriginal Art and Culture at Carleton University. Bryan Thomas is a Research Associate at the Centre for Health Law, Policy and Ethics in the Faculty of Law at the University of Ottawa. The conception, organisation and publication of the Canadian Yearbook of Human Rights is the result of sustained financial support from the Ottawa-based NGO Human Rights Internet (www.hri.ca) and a significant donation from Professor John Packer and Dr Corinne Packer. CONTRIBUTEURS Patrick F. Baud est étudiant au baccalauréat en droit de l’Université McGill et conseiller en poli- tiques pour le directeur de la responsabilité financière, Assemblée législative de l’Ontario. Stephanie Carvin est professeure adjointe à la Norman Paterson School of International Affairs de l’Université Carleton. Carmen K. Cheung est professeure à l’école Munk School of Global Affairs de l’Université de Toronto. Larry Chartrand est professeur à la Faculté de droit de l’Université d’Ottawa. Yvonne Donders est professeure en droits internationaux de la personne et en diversité culturelle et directrice du Amsterdam Center for International Law, Université d’Amsterdam. Kirsten J. Fisher est membre du Centre de recherche et d’enseignement sur les droits de la personne de l’Université d’Ottawa. Craig Forcese est professeur à la Section de common law de la Faculté de droit de l’Université d’Ottawa. Étienne Roy Grégoire est doctorant à l’École d’études politiques de l’Université d’Ottawa. Vanessa Gruben est professeure agrégée de droit à l’Université d’Ottawa. Graham Hudson est professeur agrégé au département de criminologie de l’Université Ryerson. Rebecca Johnson est professeure à la Faculté de droit de l’Université de Victoria. Omid B. Milani est artiste et candidat au doctorat à la Faculté de droit de l’Université d’Ottawa. Jennifer Moore, titulaire d’une maîtrise en droit, est consultante et médiatrice en gestion de crise à Ottawa Michael Nesbit est professeur de droit à l’Université de Calgary. Darren O’Toole est professeur agrégé de droit à l’Université d’Ottawa. John Packer est directeur du Centre de recherche et d’enseignement sur les droits de la personne et professeur agrégé en droit de l’Université d’Ottawa. David Petrasek est professeur adjoint à l’École supérieure d’affaires publiques et internationales de l’Université d’Ottawa. Kent Roach est professeur de droit et titulaire de la chaire Prichard-Wilson en droit et en politique publique à la Faculté de droit de l’Université de Toronto. Allan J. Ryan est titulaire de la chaire New Sun en art et culture autochtones à l’Université Carleton. Bryan Thomas est associé de recherche au Centre de droit, politique et éthique de la santé à la Faculté de droit de l’Université d’Ottawa. La conception, l’organisation et la publication de l’Annuaire canadien des droits de la personne est le résultat d’un soutien financier continu de l’organisation non gouvernementale Human Rights Internet à Ottawa (www.hri.ca) et d’un don important du professeur John Packer et de Mme Corinne Packer, Ph.D. TABLE OF CONTENTS / TABLE DES MATIÈRES Kirsten J. Fisher and John Packer Editors’ Introduction / Présentation des Rédacteurs 1/3 GENERAL SECTION / SECTION GÉNÉRALE : David Petrasek Human Rights in Conservative Party Foreign Policy, 7 2006-2015 Etienne Roy Grégoire Les Rapports annuels sur les impacts de l’ALE 19 Canada-Colombie sur les droits humains au regard des enjeux entourant l’investissement extractif en Colombie : limites méthodologiques, crédibilité et pertinence Rebecca Johnson Taking the Call: An Introduction to the 29 Truth & Reconciliation Commission and its 94 Calls to Action Jennifer Moore Canadian Domestic Prosecution of International 39 Crime SPECIAL SECTION: CANADA’S NATIONAL SECURITY AND HUMAN RIGHTS Craig Forcese and Kent Roach Righting Security: A Contextual and Critical 61 Analysis and Response to Canada’s 2016 National Security Paper Michael Nesbit CSIS’s New Distributive Powers, Grey Holes, and 87 the Rule of Law in Canada Carmen K. Cheung Keeping Enemies Close: On Locating, Containing 95 and Expelling Risk Graham Hudson Secret Hearings and the Right to a Fair Trial: 2015 101 and Beyond Patrick F. Baud The Reform of National Security Accountability in 107 Canada Stephanie Carvin Securing Canada: The 2016-2017 Threat 115 Environment and National Security SPECIAL SECTION: ARTS AND HUMAN RIGHTS Symposium on the Arts and Human Rights held by the Human Rights Research and Education Centre, University of Ottawa, Canada, 26-27 June 2015 Larry Chartrand and John Packer Food for Thought / Éléments de Réflexion 125/127 Omid B. Milani Note on the Proceedings / Compte Rendu 129/133 Yvonne Donders The Colours of Human Rights: Artistic and 137 Creative Expressions (Keynote Address) Allan J. Ryan Remarks in Response to Keynote Address by 143 Professor Dr. Yvonne Donders Omid B. Milani Art and Human Rights: An Aesthetic Critique of 147 Academic Discourse on Human Rights SPECIAL SECTION: INDIGENOUS PEOPLES AND CHILDREN’S RIGHTS TO HEALTH IN CANADA John Packer Introductory Note / Note Liminaire 157/159 Justice G.B. Edward of the Ontario Judgment in the Case of “J.J.” 161 Court of Justice Justice G.B. Edward of the Ontario Order adding paragraphs 83a and 83b 177 Court of Justice Vanessa Gruben The Family Law Perspective 181 Darren O’Toole On the Concept, Content and Relevance of 183 Capacity Bryan Thomas Aboriginal Rights and Parental Refusal of 187 Lifesaving Treatment Larry Chartrand Deciding Medical Treatment for a First Nation’s 191 Child: Is it Six Nations or Ontario Authority that should Govern? EDITORS’ INTRODUCTION Kirsten J. Fisher and John Packer What is the state of human rights in Canada? Is while elsewhere in the world human rights may be Canada’s commitment to human rights and losing their strength in the minds of some who want sustainable peace and development as strong as to tighten borders and narrow moral concern to the it once was and as strong as Canada’s reputation, rights of co-citizens (and, in some cases, only for some promoted by the country itself, projects? How can co-citizens). This is the right time, then, to launch this human rights be fully enjoyed at home and abroad? periodical, and with it to promote the need for human Can Canada maintain its pride and identity as norm rights protection while at the same time aiding those entrepreneur in this field? This initial issue of the who are working towards this aim. Canadian Yearbook of Human Rights explores issues and events that transpired in or emerged from Our vision for this new publication is of an authori- 2015 that address these questions from a variety of tative, bilingual reference at the intersection of human perspectives and approaches. As the world seems to rights and Canada. We hope it will stand apart as be changing course in the promotion of human rights a tool for those interested in key developments in as we enter the bottom half of the second decade human rights in Canada, global human rights of the 21st century, these questions are perhaps developments relevant to Canada, and Canada’s more important than they might otherwise be.
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