To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Both Canada and the European Union feature multiple overlapping legal systems, each with independent sovereignty claims and distinctive cultural traditions. Courts in both settings have therefore been forced to reckon with ‘constitutional pluralism’.
In Canada, the contested relationship between Indigenous and settler legal orders has been mediated largely through s35, which recognizes Aboriginal rights, and s25 which shields them from the Canadian Charter. The resulting jurisprudence has focused on protecting cultural difference by creating limited spaces of autonomy within the Canadian state but has largely neglected questions of sovereignty.
In Europe, the relationship between European Union and member-state law has been mediated through an emergent judicial dialog which allows each court to maintain its sovereignty claim by making its acceptance of the other’s authority conditional. The resulting jurisprudence focuses on sovereignty without dealing as closely with questions of difference.
The two contexts therefore represent divergent approaches to shared conceptual and practical problems. To my knowledge, however, no scholarship has seriously compared the two. The following article takes a modest step towards filling this lacuna, introducing European thinkers to Canadian constitutional pluralism and vice versa before reflecting on some of the ways further comparative research can add depth to existing comparative literature, deepen our understanding of constitutional pluralism as a theory and, in particular, raise important questions about constitutional pluralism’s relationship to liberalism.
This chapter details the vital role of Indigenous trade and investment in promoting sustainable development. Firstly, it discusses the prerequisite for Indigenous trade, emphasizing a nation-building approach centred on the significance of robust tribal infrastructure. The chapter then addresses the barriers hindering Indigenous inter-tribal trade, including state, or provincial interference in tribal jurisdiction, poor tribal governance, Canada’s failure to honour its Jay Treaty obligations, the lack of Indigenous foreign trade zones, the exclusion of Indigenous traditional knowledge (TK) from intellectual property (IP) regimes, and historical challenges in trade financing. Additionally, the chapter explores Indigenous trade and commerce engagements with non-Indigenous enterprises, both with and without federal permission, highlighting the implications, challenges, and opportunities involved. By examining these aspects, the chapter advocates for empowering Indigenous nations through trade and investment, fostering economic opportunities while preserving cultural heritage, and working towards sustainable development by creating a strong economic baseline.
This chapter presents a case study of Canada, examining the intricate relationship between Indigenous peoples and the developments related to British, then Canadian, governance. It begins by exploring the historical and legal context within which Indigenous peoples exist in Canada, tracing the impact of colonization and the recognition of Indigenous rights. The chapter then investigates the potential for affirming these rights through treaties and trade agreements, highlighting the role of treaties in recognizing and protecting Indigenous rights and the opportunities and challenges presented by trade agreements for Indigenous economic development and self-determination. It further analyses the Canadian government’s efforts to domestically enforce the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the intersection of Canadian treaties with trade agreements. This chapter emphasizes the importance of ongoing dialogue, collaboration, and the implementation of measures aligned with UNDRIP principles to foster the recognition, empowerment, and well-being of Indigenous peoples within the Canadian context.
This commentary responds to the study by Kelly Garton et al., “Monitoring the impacts of international trade and investment agreements on food environments: a Canadian case study,” published in Public Health Nutrition, which applies the INFORMAS trade and investment monitoring framework to the Canadian food system.
Chapter 5 explores the complex relationship between Indigenous traditional knowledge (TK) and intellectual property (IP) concerning genetic resources. It begins by examining the challenges of distinguishing TK from IP and presents the Munzer Model as a potential compromise for addressing TK within the IP framework. The chapter then delves into national efforts to protect and recognize TK, focusing on US and Canadian cases, including the Cowichan Sweater example from the 2010 Vancouver Olympic Winter Games. Furthermore, it details the evolving landscape of TK in international trade agreements, highlighting its increasing recognition and integration as a ‘new norm’. By analysing these historic and current developments in TK recognition, this chapter emphasizes the need for a balanced approach that respects the unique nature of TK while navigating the complexities of IP frameworks. It underscores the importance of preserving and utilizing TK and genetic resources for the benefit of Indigenous communities and for advancing sustainable development.
To monitor the influence of international trade and investment agreements on the food environment and population nutrition in Canada.
Design:
Implementation of a revised version of the INFORMAS trade and investment monitoring protocol to guide descriptive analysis of quantitative trade and investment data over the period 1994 to 2020 as well as qualitative review of policy documents related to nutrition regulations and trade concerns.
Setting:
Canada, which has 15 trade and investment agreements in force with 51 countries as of 2024.
Results:
Extensive tariff reductions occurred in 1995 with the introduction of the World Trade Organization, with minimal tariff reductions since that time. Tariff rates were generally highest on ultra-processed focus foods, though many countries gained tariff-free access over the study period. There were large surges in imports of dairy, meats, sugars, and soft drinks after joining the WTO, while exports of grains, dairy, sugars, processed meats, ready-meals, and sauces saw substantial growth. FDI into Canada’s food manufacturing sector increased consistently, reaching $32.6 billion in 2020-2022. Canada has raised several specific trade concerns at the WTO over other countries’ nutrition labelling policies and some of the challenged policies have subsequently been abandoned, modified, or delayed.
Conclusions:
Increased trade and investment openness in Canada appears linked to changes in food imports, exports, and foreign investment that may impact the nutritional quality of food environments. Monitoring how trade agreements shape national food supplies is critical to developing trade policies that improve nutrition in alignment with public health goals at home and abroad.
Australia and Canada have parallel submission processes allowing companies to submit dossiers to the respective health technology assessment (HTA) body before marketing authorization is issued, aiming to provide more timely access to drugs. This study investigated the associations of submission strategies with new active substance (NAS) rollout times and HTA recommendations.
Methods
This retrospective observational study analyzed HTA appraisals by the Pharmaceutical Benefits Advisory Committee (PBAC) and Canada’s Drug Agency (CDA-AMC) for NASs that received their first HTA recommendation between 2019 and 2023. Regulatory and HTA dates were sourced from public records. We implemented logistic regression to examine associations of HTA recommendation (optimal vs non-optimal). Linear regression was used to test associations of rollout time. Models were adjusted for submission sequence, country, therapeutic area, expedited review, conditional review, top R&D spenders, and year of HTA recommendation.
Results
229 HTA appraisals (126/229 parallel) were included. Parallel submissions were associated with a 14.0-month shorter rollout time compared to sequential submissions (p < 0.001). Rollout times in Canada were 6.0 months longer than those in Australia. Parallel submissions were associated with higher odds of receiving an optimal recommendation compared to sequential submissions (OR: 2.2; 95 percent CI: 1.2–4.2; p = 0.013). The odds of obtaining an optimal first HTA recommendation were higher in Canada than in Australia.
Conclusions
NASs following parallel submission showed faster rollout times than those following traditional sequential submission. Moreover, parallel submissions were associated with higher odds of receiving an optimal recommendation. These findings highlight the value of aligning regulatory and HTA processes.
In an era of globalization, increasingly interconnected labor markets have intensified competition for skilled talent, particularly among countries in the Global North such as Canada. While Canada’s immigration policy prioritizes education and professional experience, these same credentials are often devalued upon arrival, as systemic barriers limit access to commensurate employment. This study examines the employment experiences of skilled, racialized immigrants in British Columbia, exploring how institutional narratives of meritocracy conceal exclusion, credential systems reinforce epistemic hierarchies, and settlement services pathologize migrant experiences. Using a qualitative design with four focus group discussions (n = 18), the study integrates critical migration theory, intersectionality, and decolonial social work to analyze the structural marginalization of skilled, racialized immigrants. Findings reveal a central paradox: the very system that celebrates global talent simultaneously erodes its value through credential gatekeeping, discriminatory hiring practices, and labor market practices that privilege local over global expertise. By situating these barriers within broader colonial and epistemic hierarchies, the study argues that integration must be understood not as individual adaptation but as institutional transformation. It contributes to critical debates on skilled migration, equity, and the reproduction of colonial logics within Canada’s labor market.
This study aimed (1) to characterise the use and prevalence of nutrition and health claims (NHC) and (2) to examine the association between NHC and the potential presence of Health Canada’s front-of-pack (FOP) nutrition symbol indicating high saturated fats, sugars and/or Na on a sample of Canadian prepackaged food products.
Design:
A cross-sectional analysis was conducted on five categories of prepackaged food products. Label components were classified using the International Network for Food and Obesity/non-communicable diseases Research, Monitoring and Action Support (INFORMAS) labelling taxonomy. Products’ nutritional profile was evaluated using Health Canada’s FOP symbol nutrient thresholds for saturated fats, sugars and Na.
Setting:
Data were obtained from the Food Quality Observatory database, collected between 2018 and 2022 from food retailers in Québec City and the Greater Montreal Area or online.
Participants:
A total of 2937 food products were evaluated from five food categories: breakfast cereals (n 392), cookies and granola bars (n 983), flavoured milks and plant-based alternative beverages (n 202), salty snacks and crackers (n 1063) and yogurts and plant-based yogurt alternatives (n 297).
Results:
Overall, 74·2 % of food products had an NHC and 28·9 % had an NHC and would require to display the FOP symbol. Food products that would require the FOP symbol were less likely to carry an NHC.
Conclusions:
The results demonstrate substantial use of marketing techniques highlighting positive product attributes. Given the potential for inconsistent messaging on food products carrying NHC and the FOP symbol, these results highlight an opportunity to improve Canadian labelling regulations by restricting the use of NHC on products high in saturated fats, sugars and/or Na.
Some of the most decisive battles over the responsibilities of transnational corporations (TNCs) have been fought in domestic courtrooms – often far from where the alleged abuses occurred. The United States has hosted a substantial proportion of such cases against TNCs, supported by a legal framework that historically provided several plaintiff-friendly avenues. However, the landscape has become more challenging following the Supreme Court’s decisions in Kiobel v. Royal Dutch Petroleum Co. and Daimler AG v. Bauman. In Canada, the absence of an ATS-equivalent and the application of the doctrine of forum non conveniens have limited opportunities for litigation. However, recent decisions suggest more cases may flow to Canada in the future. In the United Kingdom, developments in the law relating to parent company liability have been particularly significant. In Across continental Europe, barriers such as limited access to class actions, prosecutorial discretion, and weak disclosure obligations continue to constrain transnational human rights litigation.
This chapter examines the US and Canadian government’s programs that allow for the sanctioning of countries as State Sponsors of Terrorism. The chapter also provides views into why countering countries engaged in state sponsorship of terrorism efforts are so difficult to counter.
This chapter argues that, albeit with variations, each of the three countries – that is, the US, Mexico and Canada – that belong to the USMCA can point to some concrete positive economic and welfare developments that have been realised because of NAFTA. The relative success of NAFTA / the USMCA has largely happened because of the belief that the three contracting parties have in the institution created to enhance the implementation of obligations under the agreement. Indeed, in 1994, NAFTA placed emphasis on the creation of ‘effective procedures for the implementation and application’ of member states’ obligations. In contrast to dispute settlement under the AfCFTA, ASEAN and MERCOSUR, a premium was placed on an effective dispute settlement mechanism. This explains why the USMCA’s chapter 10 is viewed as the ‘crown jewel’ of the RTA. The same can be said of Chapter 14 on ISDS which even has authority to review decisions by, for instance, a state court in the US. Further, we have also argued that free trade agreements between a hegemon and countries at a lower level of economic and political development may likely lead to the loss of ability by the party at the lower stages of development to adopt trade measures for the protection of its own industries.
Human rights systems in Canada face difficulties: growing caseloads, slow case processing, and a lack of access to hearings. Some Canadian jurisdictions have responded to these challenges by changing from a commission system to a direct access system. This change is made to maximize efficiency, to more quickly process complaints, and to render faster justice to all. Using British Columbia, Canada, as a test case, we assess which of these two systems is most efficient at processing complaints by examining annual reports from 1996 to 2022. We analyze which system closed complaints faster and which system screened out and or settled more cases over time. We also determined which system processed more cases in full hearings. We conclude that the commission system was more efficient, it closed more cases and was faster than the direct access system. It also provided a greater chance to have complaints adjudicated in formal hearings.
We aimed to describe the evolution of gonorrhea infection and its antimicrobial resistance patterns in the Prairie provinces compared to Canada between 1980 and 2022. Data was collected from publicly available sexually transmitted infection reports in Canada, Alberta, Saskatchewan, and Manitoba. We extracted the number and rates of gonorrhea cases; percentage of cases by sex, age, ethnicity, sexual orientation; and data on cases diagnosed by culture and antimicrobial resistance. Descriptive statistics and age–period–cohort effect analysis were used. Gonorrhea cases in Canada rose from 32.4 per 100 000 in 1992 to 92.3 in 2022. In 2020, 36.9% of gonorrhea cases in Canada were females, compared to 42.8% in Alberta, 55.3% in Saskatchewan and 56% in Manitoba. People aged ≥30 years represented 22.5% of cases in 1980, and 54.1% in 2022. By 2022, the proportion of Canadian cases detected by culture declined to less than 10%, and azithromycin resistance of N. gonorrhoeae isolates was 8.1%. Alberta, Manitoba, and Saskatchewan reported higher rates of gonorrhea compared to Canada, with a higher proportion of female cases in Manitoba and Saskatchewan. Rising antimicrobial resistance rates and decreased culture testing present significant concerns for gonorrhea control and surveillance.
On the basis of a detailed, in-depth study of the operations and strategic decision-making of Centraide, a charitable organization in Greater Montreal, this paper suggests that dependency on the environment can be a stimulus to organizational adaptation. Two major changes over a 10-year period are studied to show that strategic management in high dependency situations requires a continual attention to the organization’s relationships and interactions with the forces in its environment, and a continuous management of the process by which change takes place. The basic position advanced is that: strategy in philanthropic organizations is more effective in ensuring survival and growth when the search for autonomy is seen as irrelevant and when dependence is seen as an unavoidable fact that should shape behavior. A set of propositions helps conceptualize the findings and is offered as a guide for further research.
For social enterprises (SEs), non-earned income remains an attractive and important form of financing. Yet, many of these funds are donated without serious and collective deliberation about the overall impact of these transfers on the composition of the sector. Various authors suggest that the recent professionalization of the broader third sector and the use of accounting frameworks that favour short-term measurable results—a trend which SEs exemplify—are having an impact on who and what gets funded. We test this hypothesis by investigating whether the distribution of non-earned income to SEs located in three different Canadian provinces can be explained by donor preferences for the following: (i) culture and arts-related social goods; (ii) SEs that are located in wealthier neighbourhoods; and (iii) SEs that are ‘visible’ beyond their locality. The paper briefly discusses the generalizability of the results and concludes with policy recommendations that emphasize the limits of SEs in achieving a core goal of welfare provision.
The nature and benefits of different kinds of affordable rental housing providers, and particularly for-profit housing developers, have been contested by practitioners and scholars. We contribute to this debate by exploring whether the missions, the resources harnessed to build housing, the human resources, and the involvement of residents in decision-making differ based on organizational form. Using case study design, we examine two third sector organizations (a zero equity cooperative and a community-based non-profit) and a for-profit located in Canada. The two third sector organizations had less knowledge of housing construction and harnessed in-kind contributions compared to the for-profit. These organizations, and again in contrast with the for-profit, also pursued social missions, including supporting other organizations and sharing their experiences related to housing construction. The zero equity cooperative featured greater resident involvement in the development and the management of the housing compared to both the community-based non-profit and the for-profit.
Faith-based development organizations (FBOs) have been argued to deliver more cost-efficient development projects than their secular counterparts through exclusive access to faith networks, which provide predictable decentralized funding, the recruitment of volunteers, low employee salaries, and less overhead and indirect costs. To date, however, comparative analyses of religious and secular organizations have relied on a case-by-case approach, limiting the generalizability of findings. This study addresses this methodological gap by analyzing Registered Charity Information Return filings and organizational websites of 844 Canadian development NGOs to determine the proportion of FBOs and their organizational distinctiveness. The results show that FBOs comprise 40% of the Canadian NGO sector in terms of the number of organizations and their expenditures in developing countries, and are significantly less reliant on federal funding (p < .1), pay employees lower salaries (p < .01), but do not exhibit a significant difference in their expenditures on overhead and indirect costs. Thus, Canadian FBOs participation in faith networks shapes their organizational modus operandi but does not result in a low overhead alternative to secular NGOs.
This article reviews recent non-statutory attempts at charity fundraising regulation in the UK and Ireland. It explores the definition of success for each regime and examines whether broader policy lessons for fundraising regulation may be learnt from these implementation experiences to date. To this end, the article compares the UK framework for fundraising regulation (via the Fundraising Standards Board) with recent Irish proposals for non-statutory regulation. It also identifies the key challenges facing each regime. The article draws upon current Canadian, Dutch and American regulatory experiences and benchmarks these alternative non-statutory efforts against the Anglo-Irish models by way of comparative analysis. The article tackles the broader question of how we measure success in regulatory terms and argues for better identification of the constituency to be regulated, thereby enabling prioritisation of the salient performance indicators that should be included in any non-statutory framework.
This article examines Canadian political science and responses to diversity both in terms of who is included in the profession and their reported experiences. Utilizing extant national surveys, including from the Canadian Political Science Association, the findings show that in comparison to the 1970s, the profession today is clearly more “diverse” both in terms of its demographics, as well as what is researched and taught. This in turn relates to changing perspectives affecting policy, practice and research both in Canada and internationally. However, as will also be shown, there are evident and persistent structural inequities in the Canadian academy and the discipline of political science that have deep roots in Canada. Of particular importance in explaining these patterns is Canada’s foundation and legacy as a settler-colony, a feature thrown into sharp relief in light of current efforts at “reconciliation” between Aboriginal and non-Aboriginal Canadians. It is therefore argued that the state of diversity in Canadian political science needs to be understood in relation to both evolving ideas as well as the historical formation of the Canadian state and social power.