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Recognizing the Charter Value of Employee Freedom of Association at Common Law
No full textThis article systematically explores, for the first time in the published literature, how the development of the common law of employment could advance in light of the Charter values doctrine, focusing on freedom of association. It contends that courts must scrutinize the common law’s impairments of that freedom, and unless they are necessary to similarly important common law values, eliminate them where it is possible to do so within courts’ powers to incrementally change it. A number of such paths are open. If asked to do so, courts probably can and should provide Canadians with a common law of employment that better respects employee freedom of association. Nonetheless, any reconciliation between the common law and freedom of association is likely to remain incomplete for some time, or perhaps indefinitely. Policymakers, seeing the potential for a period of legal uncertainty and the likely persistence of residual but important impairments of freedom of association, should consider legislative reform
Global Corporations and Sustainability: An Introduction
No full textThis chapter provides the introduction to this edited collection that explores what drives global corporations to cause sustainability harms. It focuses on three areas of the law: corporate, international investment, and public international law. While these three areas are often treated separately, this chapter begins the discussion of how these three areas converge to create a legal infrastructure that can create poor business models. It draws from the example of Philip Morris, the tobacco giant, to illustrate this convergence. This chapter introduces each of the chapters written by the different contributors to this edited collection, noting that the contributors originate from silos of corporate, international investment, and public international law and that the chapters focus on the problem of corporate abuse of sustainability goals through their individual lens. However, the final chapter of the book brings together the three areas to demonstrate the convergence between them
Doing More, Doing Better? A Critique of the Criminalization of Coercive Control
No full textCanada recently stood on the verge of ushering in a new criminal offence related to coercive control in the context of intimate relationships. In this paper, we critically evaluate this development, drawing out lessons from past criminalization efforts (particularly their impact on Black women and communities). Our analysis raises significant questions about the potential of the proposed offence to deliver on the promises held out by politicians and frontline advocates. We argue that not only will these promises go largely unrealized, but the ongoing harms of criminalization will be intensified. Marginalized women and communities are the least likely to benefit, and the most likely to be harmed. While we argue against criminalizing coercive control, we maintain that it is essential that all legal system actors acquire a deep understanding of coercive control that attends to how multiple structures of oppression intersect to shape the tactics of coercive control, differentially distribute supports and resources, and limit the space for survivors to take action
Panel 6 - Tax Sovereignty Asserted and Practiced
No full textChair: David Duff (University of British Columbia)
Jonathan Farrar (Wilfrid Laurier University), Mapping Public Attitudes Toward Taxation: A Cross-National Study of Fiscal Citizenship
Lyne Latulippe (Université de Sherbrooke) and Nicolas Proulx, (Members of Parliament in Development and Adoption of International Tax Policy), Implementation of International Tax Policy by the Canadian Parliament – The case of the MLI
Jinyan Li (Osgoode Hall Law School) and Angelo Nikolakakis (EY), Shrinking Tax Sovereignty in Canada? Evidence from the Income Tax Act
Commentators: Sophie Chatel (MP); Shawn Porter (Deloitte
Money, Payment and Technology: The Legal Challenge
No full textHaving been distinguishable for centuries, money and payment mingled when pay- ment instruments and credit to a bank account became money. This happened in a process governed by the post-medieval law of negotiable instruments. Subsequently, payment of commercial bank money by cheque has evolved to payment by credit, debit and stored-value cards, as well as to e-money and credit transfers. Parallelly, with the emergence of Fintech, the paper banknote is now in the process of evolving into a digital coin. Technology has been a leading force in the evolution of money and payment mechanisms and the emergence of a unified branch of law governing them
Doing Away with Racial Profiling in Policing without Doing Away with the Rule of Law
No full textSince the turn of the millennium, Canadian appellate courts have been investing increasingly systematic efforts in demystifying and curtailing racial profiling in policing. These judicial efforts have so far been focused on the application of the legal criteria for arrest and detention as well as their regulation under section 9 of the Canadian Charter of Rights and Freedoms. In this article, I contend that this unidimensional approach is unsound and outline a corrective path forward. First, I argue that the prevailing judicial understanding of what racial profiling is and how it affects the lawfulness of arrests and detentions has the paradoxical effect of undercutting the rule of law, the advancement of which is the very purpose of section 9. It chiefly does so by requiring an overbroad range of arrests and detentions to be declared unlawful. Second, I contend that the current approach also fails to address racial profiling for the core wrong that it constitutes—namely, wrongful discrimination on the ground of race, which section 15 of the Charter expressly prohibits. I make the case that addressing the phenomenon under this complementary paradigm would make it possible for courts to censure and remedy arrests and detentions tainted by it even when, for rule-of-law-related reasons, they should not be declared unlawful. Thus, it would offer courts the ability to thread a more careful and complementary remedial needle. Finally, I raise the possibility of a third paradigm—that of judicial stays of proceedings for abuses of process—to help address cases that the other two paradigms are ill-suited to redress. Overall, I maintain that courts have at their disposal all the doctrinal tools they need to address racial profiling in policing with appropriate discernment. For the rule of law’s sake, they should make use of all of them instead of unjustifiably putting all their eggs in one procrustean basket