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The State as a Corporation or Family? Insights from a Comparative Study of Citizenship and Taxation in Canada and China
No full textThis chapter proposes a new approach to analysing the interlink between citizenship and taxation. It argues that different models are revealed by a comparative study of the technical design, policy outcomes and the broader legal culture of the income tax systems in Canada and China. Citizens behave more like shareholders in Canada and family members in China. The state as a corporation or family models help explain why the systems differ and what different roles citizens play in tax lawmaking in these countries
The Scope of the Possible: Canadian Courts, Emotion, and the Assertion of Crown Sovereignty
No full textThis thesis considers emotion and the role emotion plays in judicial reasoning in three Aboriginal title decisions. The aim of this analysis is to draw to the surface emotional undercurrents and commitments that, together with other currents, impact the direction of judicial reasoning in these cases. Using methodologies and approaches from the area of law and emotion, this thesis employs close readings of the three Aboriginal title decisions to draw out lacunae in the Supreme Court of Canada’s reasoning. These lacunae reflect fixed assumptions that the Court chooses not to interrogate, such as the Crown’s acquisition of radical title to all land in Canada, and other postures and commitments that impact the Court’s reasoning. The emotions analysis posits that these lacunae give us information about where resistance, aversion, fear, and other emotions arise to reinforce certain narratives and modes of thinking and to prevent engagement with challenging questions
Getting Out of Debt Poverty
No full textThis dissertation advances a novel government program that could remedy inadequate access to credit for unbanked and underbanked individuals – those it defines as the “very poor.” It sets out the socioeconomic circumstances that create singular barriers for the very poor. It analyses the credit needs of the very poor, the unique institutions they interact with to meet these needs, and the ways in which these institutions intertwine extreme poverty, credit, and marginalisation. The dissertation proceeds to examine the role of the state in the provision and regulation of credit, and in the entrenchment of extreme poverty. It provides a sustained historical analysis of the role of the postal service, a public institution, in the provision of banking and credit and discusses a number of analogous programs and proposals that normalise and contextualise its novel government program. The dissertation extends a framework drawn from antitrust law to argue that state intervention in the marketplace is best understood as falling along a spectrum, from the provision of a competing product or service to the monopolisation of an entire industry. This framework elucidates how we justify state intervention with respect to certain essential, “public” products and services. The dissertation closes with a detailed proposal for a government program that would provide credit to the very poor through loans repaid through additional, progressive taxation. Individuals whose income does not reach a certain level would not need to repay the loan, whereas those with a high income would effectively repay a multiple of the loan principal amount. Repayment would depend on income, but only for a limited period of time. The program may have unique potential to alleviate persistently lower social mobility for the very poor
Pt 2A Peter at Osgoode - His Brilliant Legacy: A Conference in Honour of Peter W. Hogg
No full textThis session includes:
Peter at Osgoode: Colleague, Teacher, and Mentor
This panel will cover Peter\u27s contributions to scholarship and legal learning via mentorship and writing.
Chair: Professor Mary Condon, former Dean, Osgoode Hall Law School
Speakers: Mr. Ravi Amarnath, Ontario Ministry of the Attorney General, Professor Sonia Lawrence, Osgoode Hall Law School, Ms. Cara Zwibel, Information and Privacy Commissioner of Ontario, Professor Richard Haigh, Osgoode Hall Osgoode Hal
Pt 3 Supreme Recollections - His Brilliant Legacy: A Conference in Honour of Peter W. Hogg
No full textHis Brilliant Legacy: A Conference in Honour of Peter W. Hogg was held on January 10, 2024 at Osgoode Professional Development and co-hosted by Osgoode Hall Law School and Blake, Cassels & Graydon LLP.
This session includes: Supreme Recollections: Peter Hogg and the Supreme Court of Canada
Four current justices of the Supreme Court of Canada share their professional reflections on Peter Hogg and their relationship with him as counsel, scholar, and colleague.
Chair: The Hon. Justice Lorne Sossin, Ontario Court of Appeal, former Dean, Osgoode Hall Law School
Panelists: The Hon. Justice Karakatsanis, Supreme Court of Canada, The Hon. Justice Martin, Supreme Court of Canada, The Hon. Justice Kasirer, Supreme Court of Canada , The Hon. Justice Jamal, Supreme Court of Canad
“Lifting the Private-Law Veil”: Employer Authority and the “Contractual-Coating” of Worker Subordination
Get PDFDespite the notion of subordination in work relations and the subjection of workers to the managerial prerogatives of employers have received significant consideration and discourse since the outset of labour law, critical examinations of the underlying foundations of such subordination and subjection in contemporary democracies founded on the rule of law remain scarce. This article wants to prompt a novel reflection on these issues, starting with a historical analysis of their origins and a renewed understanding of their legal background. It opens by discussing some outstanding issues concerning work subordination that are not adequately captured by the classic theory of the firm. It argues that the free nature of the individual negotiation of work arrangements at the dawn of industrialisation must be called into question from a legal perspective and highlights how disciplinary approaches to societies and work have materially shaped those arrangements. It then discusses the historical foundations of employer authority and worker subordination in what evolved into the modern contract of employment in various jurisdictions. It contends that, despite this authority and subordination being “coated” in contractual and private-law guises to make them acceptable for the public discourse, their origins are rooted in public law and action, sometimes with overtly authoritarian aims. It, then, argues that acknowledging the public origins of employer powers should prompt an intensified scrutiny of employer choices beyond what courts are ready to do for managerial conduct that falls short of meeting standards for harassment, constructive dismissal or resignation for cause. It concludes by outlining potential avenues for future research on how the “personal work approach” may offer insights into questioning worker subordination in contemporary democratic societies. This article is forthcoming in a special issue of the Comparative Labor Law & Policy Journal titled New Perspectives on Worker Subordination , edited by Valerio De Stefano, Sara Slinn, and Eric Tucker
Aboriginal Title, Private Property Interests, and Statutes of Limitation
Get PDFA major unresolved issue in Canadian law is the status of third-party interests that were allegedly created on Aboriginal title lands in non-treaty areas of Canada. The legal validity of these interests could depend on when and where they were granted by the Crown. Pre-Confederation Crown grants would have been subject to the Royal Proclamation of 1763 and to the limited authority delegated to colonial governments, but not to the division of powers in the Constitution Act, 1867, whereas post-Confederation grants would be subject to the latter. Grants after, but not before, April 17, 1982, would be subject to the constitutional protection conferred on Aboriginal title by section 35 of the Constitution Act, 1982. Where Crown grants were invalid because they conflicted with Aboriginal title, another unresolved issue is whether provincial statutes, in particular limitations statutes, can be relied on by recipients of these grants and their successors as defences against potential Aboriginal title claims by Indigenous peoples
