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Constitutional Cases (Pt 3) | Access to Justice (Panel A)
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 A | Access to Justice Panelists will consider issues of public interest standing, including questions of justiciability, genuine interest, and reasonable and effective means. They will consider broader issues on the intersection between rules of civil procedure and the administration of justice, and access to the justice through a disability rights lens.
Panelists:
00:03:03 Professor Gerard Kennedy, UManitoba Faculty of Law
00:18:30 Elin Sigurdson, Mandell Pinder LLP
00:36:50 Professor Tess Sheldon, UWindsor Faculty of Law, Karen R. Spector, Barrister & Solicitor, and Professor Ruby Dhand, Faculty of Law, Thompson Rivers University
Chair: Professor Faisal Bhabha, Osgoode Hall Law Schoo
The Future Concept of Work
Get PDFThis chapter offers a reappraisal of the idea of ‘personal work’ and a critical assessment of the concept of subordination, which shapes the traditional contract of employment and subordinate work. The authors suggest that the notion of personal work may be more useful in attempts to develop a newly conceptualised concept of human labour, one capable of incorporating certain dimensions of (unpaid) gendered labour, ‘heteromated’ labour (‘heteromation’ is the extraction of economic value from low-cost or free labour in computer-mediated networks), and other forms of socially (and ecologically) valuable labour that hitherto have been excluded from the realm of formal, protected and paid employment
Clamouring for Legal Protection: What the Great Books Teach Us About People Fleeing from Persecution by Robert F. Barsky
Get PDFTHE POWER OF STORIES and storytelling is central to the refugee experience, both from a legal and social perspective. In the refugee claim context, seeking asylum after fleeing one’s home country due to a well-founded fear of persecution requires, as Anthea Vogl explains, “that refugee applicants tell a good story—that is, one that predominantly conforms to the conventions of model narratives.” This demand for narrative requires the refugee to draw on well-known genres and stories of how certain people act in the face of fear and persecution
Oxford Handbook of International Law and Development
No full textSince the mid-twentieth century, \u27international law\u27 and \u27international development\u27 have become two of the most prominent secular languages through which aspirations about a better world are articulated.. They have shaped the both the treatment and self-understanding of the \u27developing\u27 world, often by positing the West as a universal model against which developing states, their citizens, and natural environments should be measured and disciplined. In recent years, however, critical scholars have investigated the deep linkages between the concept of development, the doctrines and institutions of international law, and broader projects of ordering at the international level. They have shown how the leading models de-radicalise, if not derail, initiatives to redefine development and pursue other forms of global well-being.Bringing together scholars from both the Global South and the Global North, the contributions in this Handbook invite readers to consider the limits of common normative and developmentalist assumptions. At the same time, the Handbook demonstrates how disparate but still identifiable set of ideas, imaginaries, norms, and institutional practices - related to law, development and international governance - shape today\u27s profoundly unequal material conditions, threatening the future of human and nonhuman life on the planet. The book focuses on five distinct areas: existing disciplinary frameworks, institutions and actors, regional theatres of international law and development, competing social and economic agendas, and alternative futures.Offering a unique overview of the field of international law and development and assembling major critical, historical, and political economic insights, this Handbook is an unmissable resource for scholars of international law, international relations, development studies, and global history, as well as anyone interested in the past, present, and future of our world.https://digitalcommons.osgoode.yorku.ca/faculty_books/1402/thumbnail.jp
Where Can an Aboriginal Rights Holder Exercise Their Rights? Reflections From R. v. Desautel
Get PDFIn the R. v. Desautel decision, the Supreme Court of Canada determined that an Indigenous person resident in the United States can have Aboriginal rights under section 35 of the Constitution Act. It provides an opportunity to reflect on the geographical dimensions of constitutionally protected Aboriginal rights. Contrary to popular perception, and to some decided cases, the Van der Peet framework does not come with geographical limits. This can be seen in a survey of the case law. Rather, the absence of such limits, and the absence of conflicts between First Nations about the practice of Aboriginal rights in the territories of others, can be seen as evidence of the continual functioning of Indigenous legal orders
Open Courts, Privacy and Equality in a Digital Era: The Supreme Court of Canada’s 2021 Open Court Jurisprudence
Get PDFThis paper analyzes the Supreme Court of Canada’s 2021 open court jurisprudence: Sherman Estate v. Donovan, Canadian Broadcasting Corp. v. Manitoba and MediaQMI inc. v. Kamel. At the heart of our analysis is the exploration of several more latent dynamics found in the cases which, in our view, pose foundational and continuing challenges for open court jurisprudence. Underlying MediaQMI are concerns about the appropriate level of party control over court records. CBC v. Manitoba invites questions about who constitutes the “media” with the increasing democratization and digitalization of information exchange. In Sherman, the concept of privacy — rooted in the section 8 notion of a “biographical core” — encounters tensions with the “default to openness” and potential fluidity that characterizes the open court context. We also identify two broader themes. First, we raise questions as to whether the Court’s open court jurisprudence is “fit for purpose” in an increasingly digitized world of court operations and information exchange. Second, notwithstanding a body of scholarship advocating for equality-infused concepts of privacy, we contend that the Court does not suffıciently address how decisions about court record control, media access and privacy protections are likely to have a disproportionate impact on marginalized people, particularly in an increasingly digital context. We conclude that ultimately, the Court will need to squarely address the challenges posed by digitization and equality-related dynamics in its open court jurisprudence
Canada’s Cultural Property Export Controls: An Analysis of the Colonial and Heritage Discourses that Animate the Cultural Property Export and Import Act
Get PDFThis thesis critiques Canada’s Cultural Property Export and Import Act (CPEIA) and its framing as a legal instrument intended to protect and preserve Canada’s cultural heritage. It focuses on the export provisions of the Act and the related experts and administrative bodies who oversee disputes under those provisions. I argue that colonial and capitalist heritage and property discourses are the foundation that underpins the CPEIA and as a result, the legislation both expressly and implicitly privileges colonial and capitalist ideas about heritage and property ownership. The legislation, on its face and through the limited examples of available application, leaves little room for alternative ideas about the meaning of “heritage” and its association with culture. Relying on Laurajane Smith and Fiona Macmillan’s work on the Authorized Heritage Discourse, I provide an updated historical account of the CPEIA and Canada’s perceptions of cultural property as a settler state in light of new opportunities to engage with the application of the legislation following recent decision from the Federal Court of Appeal and the Canadian Cultural Property Export Review Board
The Practitioner King - A Study of Legal Education and Practice in Pakistan
Get PDFThis dissertation is a study of legal education and practice in Pakistan and investigates the rise of the legal practitioner through a socio-historical examination. It seeks to determine the extent to which legal education in Pakistan is bound by colonial norms of practice through a genealogy of the legal practitioner in South Asia where the practitioner emerges as a dominant actor in the legal field. This dissertation argues that the fields of legal education and practice cannot be studied separately because the two are intimately connected for three main reasons: firstly, the law degree serves as an entry requirement to legal practice, secondly, practitioners are preferred as faculty to teach law at universities and law colleges, and thirdly, the Pakistan Bar Council shares regulation of legal education with the Higher Education Commission. The curriculum for the LLB degree is decided by the Bar and Commission and has historically been pulled towards a practice-focus, which is reflected in the 2018 reforms. The methodology adopted draws from the three disciplines of law, history and sociology. Archival sources at the British Library in London, UK, the Library of Congress in Washington DC, US, and the Sindh Archives in Karachi, Pakistan, provide the historical frame upon which this work based (1800 – 1947). Legal method allows for a detailed study of the Supreme Court cases on legal education and statutory context (1998-2018). Focus groups and interviews with key members in the reform process help inform the current context in Pakistan and the Bourdieusian theoretical framing on fields and habitus serves as the glue that brings these seemingly separate components together. During and following Independence in 1947, the fields of practice and politics have also been interconnected through the gains made by the practitioner in the national political field. These gains have continued in Pakistan where the practitioner has emerged as a King in the twenty-first century in the fields of education, practice, and politics. This study aims to fill the gap in the existing literature in the area in Pakistan and can help guide the reforms in the area
Rethinking Investment Law: Perspectives and Prospects
No full textThe rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states; tribunals have the ability to second-guess all variety of state measures, and in doing so they have displayed a remarkable lack of restraint. Despite this muscularity, the prevailing orthodoxy treats investment law as a defensible and just restraint on politics. This volume is intended to correct this prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrain states and compensate investors. A diverse set of contributors explain the conventional law and its limitations in order to help shape a more respectful approach to state jurisdiction to enact laws in the public interest. The analysis shows how doctrines taken for granted in orthodox accounts of investment law could have taken, and could still take, a different turn. This book seeks a more balanced vision of how international law can protect individuals in general, not just foreign owners of assets. Original and highly readable, Rethinking Investment Law will be an illuminating read for students and academics in areas such as investment law and international economic law, and will provide cutting-edge analysis for researchers and practitioners seeking alternative interpretations of usual standards of treatment.https://digitalcommons.osgoode.yorku.ca/faculty_books/1415/thumbnail.jp
