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Balancing the Right to Strike and Other Public Interests: The Importance of the Status of the Right to Strike
No full textThe regulation of strike action involves the balancing of competing public interests – the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO’s supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to strike
OHLJ Podcast, Episode 2: Professor John D. McCamus on His Career and Legal Academia
No full textOsgoode Hall Law Journal Production Director Johnathon Cruickshank discusses with Prof. John D. McCamus his career as a private law academic and his contributions to law reform through privacy legislation, the Canadian Civil Liberties Association, and legal aid
Panel 1 - Tax Sovereignty Between Law and Power
No full textChair: Heather Evans (Canadian Tax Foundation)
Kim Brooks (Dalhousie University) and Opeyemi Bello (University of Manitoba), Amidst Global Hostilities and Retaliatory Tariffs and Taxation: Analyzing How International Tax Policy Can Foster Global Peace
Craig Elliffe (University of Auckland), Taxing Foreigners Discriminatorily: Lessons from the Reserved Anglosphere
Reuven Avi-Yonah (University of Michigan) and Blazej Kuzniacki (Lazarski University), Rule of Law v. Rule of Power: US Tax Defense Measures in Light of the International Law of Countermeasures
Commentators: Shawn Porter (Deloitte); Remi Gagnon (Finance, Canada
Arbitrary Detention Powers and Section 1 of the Charter: Two Critical Blind Spots in Luamba
No full textIn the 2022 case of Luamba c Procureur général du Québec, the Superior Court of Quebec held that a police power to conduct roving random stop of motorists for the purpose of checking for traffic offences infringed ss 9 and 15 of the Canadian Charter in ways that were not saved under s 1. This decision was upheld by the Court of Appeal (“QCCA”) and the Supreme Court (“SCC”) has now granted leave to appeal to the AG Quebec.
In this comment, I seek expose two blind spots in the s 1 analysis carried out by lower courts: (1) They omit to consider the question of whether a section 9 infringement resulting from a power conferring untrammelled—and, thus, arbitrary—discretion to detain any vehicle is prescribed by law under section 1. I argue that it is not. (2) When carrying out its analysis under the minimal impairment branch of the section 1 analysis, the QCCA does not discuss the possibility of randomization algorithms that would continue to allow for random checks while not being problematically arbitrary or discriminatory. Instead, the decision points to other allegedly less impairing alternatives that, when scrutinized, are not so. So, consideration of the logical possibility of randomization algorithms as less impairing alternatives—in the sense of alternatives that are not problematically arbitrary or discriminatory—seems imperative, if less impairing alternatives allowing to pursue the pressing and substantial purposes of the legislation in question indeed exist
Comment - When Three for Tango is Too Much: An Employee’s Constitutional Right to Privacy, an Employer, and a Representative Union
No full textIN THIS SHORT COMMENT, I would like to inquire about the boundaries of the representative union’s mandate regarding protecting the employee’s right to privacy. I will briefly present Emanuele Dagnino and Matthew Bodie’s articles and then explore the ability of the representative union to deal with the employee’s constitutional right to privacy (Bodie, 2025; Dagnino, 2025).1 This comment will focus on the Israeli legal representation model, which may provoke intriguing questions concerning other jurisdictions. So, let us begin our dance
The Evolution and Future of Money in Canada: Implications for the Digital Age, Legal and Regulatory Perspective
No full textThe concept of money in Canada has evolved to adapt to global technological and institutional changes. In this broad context this book explores the impact of emerging digital technologies on how society and government regulators think about money.
The Evolution and Future of Money in Canada provides readers a better understanding of the evolving monetary regime in Canada from its early inception to the current emerging digital age.
Distinguished legal professor and lawyer Benjamin Geva builds on his expertise in the financial sector to provide a timely study of the Canadian economy. He looks at digital assets such as value-referenced crypto-assets as a potential source of private money, the impact of digital assets on payment systems, and the role of government and central banks in shaping monetary regulations in response to the emergence of digital assets. The Evolution and Future of Money in Canada endeavours to examine Canada’s history and extrapolate insights into our collective future. The book is designed to inform policy development and analysis related to the ongoing financial sector legislative review focused on the digitalization of money.
Geva builds on voluminous literature – from Canada and elsewhere – and yet fills a gap in existing research by integrating a legal perspective into a broad policy analysis addressing institutional and technological evolution. Ultimately, this book aims to play an essential role in guiding our future financial policies and legal principles, doctrines, and rules.https://digitalcommons.osgoode.yorku.ca/faculty_books/1452/thumbnail.jp
Developing Human-Centric Informational Security
No full textDisinformation and information manipulation are widely seen as an urgent threat to democracy, but less often as a cybersecurity threat. Historically, disinformation has rarely been included in lists of recognized threats in cybersecurity manuals and appendices of global standards organizations and only recently has disinformation been approached as a cybersecurity threat, with only a handful of works offering a more focused and systematic discussion on this point. This chapter aims to help fill this void by arguing not only that disinformation and information manipulation is a cybersecurity threat, but that the present predominant cybersecurity paradigm is largely inadequate to address it. Instead, a human-centric approach to cybersecurity, one that centres humans as the objects of security—“security of the self”—should be adopted to address disinformation and information manipulation. However, human-centric approaches are themselves relatively new and underdeveloped, and there is little consensus in the field about what is required. This chapter argues that human-centric cybersecurity need not be monolithic, and different conceptualizations can be employed for different threats and contexts. To that end, a framework for human-centric cybersecurity is set out that addresses disinformation threats centred on user protection and safety, integrates psychological and behavioural factors—the human costs of information manipulation— and is broad enough to encompass robust structural law and policy reforms. Lastly, this chapter offers recommendations for operationalizing human-centric informational security, including that rights-based conceptualizations of human-centric cybersecurity should be avoided when operationalizing as policy to reduce gridlock and inaction due to competing rights claims. Instead, a duty of care or consumer protection frameworks are more likely to see success
“The Biggest Problem With You…”: Racial Profiling and Canada’s Program of Extra-Territorial Migrant Interdiction
No full textIn 2019, two Roma-Hungarian travellers were prevented from boarding their flight to Canada. Even though their documents were in order and their travel was legitimate, they were singled out for examination and extra scrutiny. This article—relying on new evidence produced in a series of legal proceedings—shows how Canada has implemented a de facto system of racial profiling in airports overseas. This program was not built overnight, but produced by a series of historical accretions, all organized around the idea that potential refugees can be detected by their race. This article shows how Canada, to deter asylum seekers, has conscripted private actors to screen out some migrants. In this study, we explain how this racial profiling regime operates and test its legality against international legal instruments. We argue that this law offends basic Canadian legal commitments and that the practice ought to end