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Anti-discrimination at the ICJ: Ukraine, Palestine and the Freedom to Advocate for Human Rights in Canada
No full textIn 2024, the ICJ released two judgments that dealt, at least in part, with the International Convention on the Elimination of all Forms of Racial Discrimination (“ICERD”). This is an opportune moment to (1) examine doctrinal developments in international law pertaining to racial discrimination arising from these two judgments; and (2) consider the possible practical implications of these developments. The question that is considered in this paper is whether the ICJ rulings can offer a legal counter-weight to the domestic political pressures that prevent Canada from being clear, credible and consistent in opposing all international human rights abuses
Labour Against the Law? Contesting the Restrictive Norms of Industrial Legality Through Unlawful Strikes
No full textNorth American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article’s focus is North America, the discussion of unlawful strikes may also be relevant in other countries that limit the freedom to strike
Studying Religious Symbols and Bias in Court Proceedings
No full textMOCK JURY STUDIES INVESTIGATING the impact of religious symbols on jurors have produced conflicting findings, raising questions about how religious bias should be studied in judicial settings. Our study adds to the literature in three ways. First, we develop a clear theoretical framework which identifies dispositional and situational triggers allowing researchers to more precisely define and measure religiously motivated bias. Second, we show that mock jury experiments with video-based treatments simulating audio-visual cues are more likely to produce reliable findings relative to text-based studies. Third, we present the first empirical evidence of how mock jurors react to courtroom oaths. Our analysis suggests jurors may be prone to trust witnesses who give religious oaths, and this could vary by degree of religiosity and religious group affiliation. These findings shed light on debates concerning whether witnesses should be permitted to swear religious oaths, wear religious garb, or testify about their religious beliefs
The Enduring Significance of Nuanced Ideological Voting in the Supreme Court of Canada
No full textTHE CHARTER REVOLUTION IN CANADA has ushered in a new era of politics on the Supreme Court of Canada that places the Court at the centre of controversial policy questions that are fundamental to a democratic society. Through its early Charter rulings, the Court advanced a host of rights and liberties claims resulting in the charge that it had become far more activist. This shift exemplifies a broader pattern occurring across high courts around the world in the late twentieth century that some scholars describe as the growing judicialization of politics. The Court’s increased role in reviewing government policy has led to greater scrutiny and broader discussion of what influences Canadian justices when they resolve disputes. It is our contention that courts function as both legal and political institutions and, as such, justices necessarily consider a variety of factors, consciously and instinctively, when handing down rulings. Obviously, justices adhere to precedents, statutory norms, and legal principles when handing down rulings, and in the more mundane cases, unanimity is relatively easy to achieve. Justices also pay attention to collegiality and other governmental institutions in their effort to hand down good law. Yet, one of the central discussions of the judicialization of politics in Canada is the degree to which the activism documented in the early Charter period aligns with ideological divisions in the Court, and if so, whether said activism aligns with ideological divisions across a much longer time frame of analysis
A Culture of Justification: Vavilov and the Future of Administrative Law by Paul Daly
No full textON DECEMBER 19TH, 2019, the Supreme Court of Canada (SCC) handed down one of the most influential cases of the decade in Canada (Minister of Citizenship and Immigration) v Vavilov. From an FBI raid to uncovering secret Russian spies, it is not often that Canadian administrative law deals with such an exhilarating situation. However, for the respondent, Alexander Vavilov, this was the situation that jolted him into the throes of administrative legal reform in Canada
China’s Reform on Gradual Delay of the Retirement Age
No full textAPPROXIMATELY A DECADE AGO, China began considering postponing the retirement age, and this concept has now been officially implemented. On 13 September 2024, the Standing Committee of the National People’s Congress passed the “Decision on the Implementation of Gradual Delay of the Retirement Age, 关于实施渐进式延迟法定退休年龄的决定,” (the “Decision on Retirement Age”). Concurrently, the State Council issued the “Measures to Gradually Delay of Statutory Retirement Age,” 关于渐进式延迟法定退休年龄 的办法, (the “Measures on Retirement Age”) providing detailed provisions. This marks the first instance of China raising its retirement age in several decades. Prior to this reform, the retirement age in China was 50 years for female workers, 55 years for female cadres, and 60 years for male individuals (without a distinction between male cadres and workers). This dispatch analyses the background of the reform, the specific provisions regarding retirement age, labour protections for retirees, and the pension benefits that currently lack implementation details. With a population of 1.4 billion, China is the world’s second-most populous developing nation. China’s exploration into the postponement of the retirement age may potentially serve as a reference for other countries
Louella Sturdy: Tribute 2025
No full textOn August 29, 2025, Dean Trevor Farrow announced:
It is with deep sadness that I share the news of the passing of Louella Sturdy.
Louella was a cherished and highly respected member of the Osgoode Hall Law School community, dedicating 43 years of service and serving as Registrar from 1957 until her retirement in 1991. She was a pioneer in student services, a steadfast advocate for students, and a true model of professionalism and dedication. Her remarkable contributions and the positive impact she had on countless students and colleagues will be remembered for years to come.
Her legacy lives on through the Louella Sturdy Leadership Award. Please join me in remembering this remarkable member of our Osgoode community.
Professor Emerita Mary Jane Mossman delivered this tribute to Louella\u27s life and legacy during her funeral service.https://digitalcommons.osgoode.yorku.ca/law_school_publications/1002/thumbnail.jp
International Book Essay - Militarism and Law in Africa: A Governing Paradox
No full textSAMUEL FURY CHILDS DALY. Soldier’s Paradise: Militarism in Africa after Empire. Durham, NC: Duke University Press, 202
Tilting the Playing Field Away from the Discharge of Debts: The Case of Consumer Proposals in Canada
No full textWe examine the increasing prevalence of consumer proposals as a debt relief option in Canada, highlighting the shift in insolvency regulation toward creditor interests and the implications of this for debtors. Canada has two federally regulated debt relief options. One is bankruptcy, which generally offers the discharge of most debts after nine months but requires that large assets, such as homes and cars, be sold for the benefit of creditors. The other is the consumer proposal, which protects large assets (e.g., homes and vehicles) but requires monthly payments for 60 months before any debt is forgiven. Consumer proposals have become significantly more common over time, rising from 23 percent of consumer insolvencies in 2009 to 79 percent in 2024. Using the Oaxaca–Blinder decomposition and data on the universe of insolvencies in 2011 and 2019, we show that changes in the average characteristics of the debtors—debts, assets, and income—do not account for this increase. Instead, unobservable factors are at the root of the increase. We hypothesize that it is the behaviour of those who benefit financially from the increase—the licensed insolvency trustees who administer the procedures and the large creditors—that is the most likely unobserved influence