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Impact Assessment in the Ring of Fire: Contested Authorities, Competing Visions and a Clash of Legal Orders
Get PDFIn 2007, a significant mineral deposit dubbed the “Ring of Fire” was discovered in the boreal peatlands in Treaty No.9 territory in the far north of Ontario. The original project proposal submitted to the Canadian Environmental Assessment Agency was for a chromite mine and an associated infrastructure corridor to connect the remote location to the provincial high-way system. As years went by without progress on the regulatory approvals, the proponent sold its claims at a loss. In the period that followed, Ontario negotiated with the Matawa First Nations (the nine most proximate First Nations) who were, as a united block, claiming to hold inherent jurisdiction and governing authority over their homelands in the Ring of Fire region, an area exclusively occupied by Indigenous peoples. Those negotiations soon broke down and Ontario pivoted to bilateral negotiations with individual “mining-ready” First Nations. Deal-making from that approach has produced two First Nations willing to act as proponents for all-season roads along the same corridor as the mining road originally proposed. Three road segments became subject to both provincial and federal environmental/impact assessments. The Impact Assessment Agency of Canada also initiated a Regional Assessment for the Ring of Fire region, which was intended to examine the cumulative impacts of all the expected changes in the region brought about by opening up the far north. Each of these assessments is now mired in controversy about who holds jurisdiction, who can provide or withhold their consent to major projects in the region, and whose law applies when environmental/impact assessments are conducted. This case study illustrates how difficult it can be to apply a term such as “Indigenous-led impact assessment” in a context of overlapping territories, competing authorities, and multiple legal orders
Introduction to the Future of Remote Work
Get PDFDebates on the future of work have taken a more fundamental turn in the wake of the Covid-19 pandemic. Early in 2020, when large sections of the workforce were prevented from coming to their usual places of work, remote work became the only way for many to continue to perform their professions. What had been a piecemeal, at times truly sluggish, evolution towards a multilocation approach to work suddenly turned into an abrupt, radical and universal shift. It quickly became clear that the consequences of this shift were far more significant and far-reaching than simply changing the workplace’s address. They involved a series of rapid, blockbuster transformations that were going to outlast the ‘mandatory lockdown’ phase of the pandemic.The 12 chapters collected in this volume provide a multidisciplinary perspective on the impact and the future trajectories of remote work. They raise, discuss and explore fundamental questions emerging around remote work: from the nexus between the location from where work is performed and how it is performed to how remote locations may affect the way work is managed and organised, as well as the applicability of existing legislation. Additional questions concern remote work’s environmental and social impact and the rapidly changing nature of the relationship between work and life.The contributions in this edited volume develop along several complementary axes, ranging from the discussion of global and societal dynamics to the implications for the contractual relationship between employers and workers. The transformation of the spatial component of work is considered both as a potential paradigm shift for the world of work and as a challenge for the implementation of specific regulatory regimes. An important insight that emerges from the multidimensional approach of this volume is that the establishment of a worker centred future of (remote) work requires the exploration and development of constructive pathways at different levels and in different directions involving the role of regulators, courts, trade unions, researchers, businesses and workers themselve
Litigating the Carceral Soundscape
Get PDFSound has always been a material issue in prisons, whether it be in connection with sonic surveillance, the “silent cell,” or the insistence of sound (excessive noise, counter-carceral music making). This article asks: How and when does the carceral soundscape become a litigable issue? Our article opens with a discussion of the challenges involved in attempting to study the sonic ambiance of the penitentiary through the medium of written documents and proposes a methodology of “sensing between the lines” by way of a solution. It goes on to analyze the “moral architecture” at the foundation of the modern prison in an effort to excavate the sonic dimensions of incarceration in the context of a system that was designed with silence at its core. Solitude and silence were presumed to have an “emancipatory effect” on the prisoner by attuning the carceral subject to “the inner voice of conscience” through forced withdrawal from the distractions of the senses. The next part considers the ways that, despite attempts to manage sound, its insistence has resisted these forms of control. It presents solitary confinement as a crucial site to explore the ways in which enforced silence, as an organizing principle, has undergone several contortions that gave rise to alternative rationales such as “structured intervention,” yet has persisted. The article then explores how this enduring silence has figured in the contemporary case law, alongside other forms of acoustic violence, such as excessive noise and sonic resistance to the conditions of incarceration on the part of prison inmates (e.g., rapping to beat the rap). While some cases describe the experience of the prison as one of unbearable silence, others describe it as noise without respite. This research highlights the ways that sound in prison has remained an important site of discipline and contestation that reverberates through the case law, yet without being appreciated adequately by the courts. The article concludes with observations about the ways that probing the role of sound in the logic of incarceration can complement litigation efforts that question carceral logics
Constitutional Cases (Pt 1) | A Review of the Supreme Court’s 2022 Constitutional Jurisprudence
No full textThe 26th iteration of the Constitutional Cases conference was held on Friday, April 14, 2023. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year.
00:06:41 Conference Opening Speaker: Dean Mary Condon, Osgoode Hall Law School Chairs: Professors Benjamin L. Berger, Emily Kidd White and Sonia Lawrence, Osgoode Hall law School
00:10:19 Opening Address: A Review of the Supreme Court’s 2022 Constitutional Jurisprudence Speaker: Professor Jamie Cameron, Osgoode Hall Law Schoo
Constitutional Cases (Pt 4) | Police Powers and the Exclusion of Evidence (Panel B)
No full textThe 26th iteration of the Constitutional Cases conference was held on Friday, April 14, 2023. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year.
Panel B | Police Powers and the Exclusion of Evidence This panel will turn to the next chapter in the story of the Court wrestling with police powers and the scope and enforcement of legal rights in Canada. Panelists will discuss the right to counsel (Lafrance and Dussault), search incident to arrest (Stairs), and the “fresh start doctrine” developed within s. 24(2) (Beaver).
Panelists:
00:02:10 Professor Danardo Jones, UWindsor Faculty of Law
00:17:00 Professor Amar Khoday, UManitoba Faculty of Law
00:33:49 Chris Rudnicki, Defence Counsel, Rudnicki Law
Chair: Jill Witkin, Crown Law Office – Criminal and Chair, Sexual Violence Advisory Grou
Renewing Freedom of Expression, Part Two: From the Contextual Approach to Proportionality Balancing
Get PDFThis article continues the project to renew the Charter’s methodology of expressive freedom in two parts. Part One explained that the Court’s approach to s.2(b) decision making is skewed against expressive freedom and must be addressed holistically, under ss.2(b) and s.1. (see J. Cameron, “Resetting the Foundations: Renewing Freedom of Expression under Section 2(b) of the Charter”, in B. Bird and D. Ross, eds., Forgotten Foundations of the Canadian Constitution. (LexisNexis Canada, 2022). Part One provided a critique of the current methodology, addressed the meaning of freedom under s.2(b), proposed a revised standard of breach, and sketched a plan for renewal under s.1. That part of the proposal is developed in “Part Two: From the Contextual Approach to Proportionality Balancing”; after a brief recap of the proposal for the breach analysis, the discussion turns to s.1, explaining how a principled approach to limits on expression can be achieved by elevating the role of proportionality balancing. In combination, the doctrinal modifications to the concepts of breach and justification replace elements of the current methodology that are ill-conceived. Though it entails more than a tweak, the proposal to renew ss.2(b) and 1 does not require a wholesale or radical transformation of precedent. The key challenge may be to persuade courts that these modifications align with principles of Charter interpretation and are necessary to safeguard the conceptual integrity of s.2(b)’s guarantee of expressive freedom. This is a pre-publication of a paper forthcoming in the Supreme Court Law Review (2d), and may be subject to editorial revisions prior to final publication
The Law of Restitution, 2023 Student Edition
No full textThis student edition of the looseleaf service entitled The Law of Restitution, by Peter D. Maddaugh, Q.C. and John D. McCamus, has been created specifically for your course. The sections included in this student edition are reproduced from the November 2023 version of the publication. --page iii
