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The Regulation of Toxics and Environmental Justice: The Uneven Distribution of Pollution
No full textAdministrative Convenience or Deliberate Reform? The Impacts of the Colonial Judicial Legacy of the Pre-Colonial Justice System in South-Western Nigeria
Get PDFIn pre-colonial times, the ethnic groups that independently existed in the territory now called Nigeria had organized systems of government. However, the sweeping force of nineteenth-century colonialism erased most of these pre-colonial governments’ institutions and replaced them with the British system. Notably, in South-Western Nigeria (Yorubaland), historical evidence revealed the existence of a constitutional monarchy with organized branches of government. Especially, the pre-colonial judicial branch/justice system of the Yoruba monarchy was radically altered by colonialism. Using the interdisciplinary methodology, this research answered questions related to the structures and procedures of the pre-colonial justice system in South-Western Nigeria and how it is indelibly impacted by colonialism. In its systematic, and expository narration, this research found an inseparable nexus between lawfare and force as instruments of colonial distortion of the pre-colonial justice system of South-Western Nigeria. Thus, this work augments an aspect of the almost neglected field of African/Nigerian legal history
The Future of Remote Work
No full textDebates 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 themselves.https://digitalcommons.osgoode.yorku.ca/faculty_books/1399/thumbnail.jp
Navigating the Free Trade—Fair Trade Fault-Lines by Michael Trebilcock
Get PDFThe COVID-19 pandemic came with several revelations about our pre-pandemic lives. One of these revelations was the importance of international trade law in the lives of average individuals. Headlines about food supplies, shortages of essential medical supplies, and countries’ plans to acquire and produce vaccines dominated the media following March 2020. It was a time that spurred the public’s interest in international trade law and how it functions. Indeed, media headlines showcased the growing concern about international trade during the pandemic. This is the context in which Michael Trebilcock’s Navigating the Free Trade—Fair Trade Fault-Lines situates itself. At a time when everyday Canadians and others around the world were experiencing and reading about the effects of COVID-19, Free Trade—Fair Trade provides curious readers with a pithy, wide-ranging introduction to international trade law and its many challenges. Ultimately, Trebilcock convinces his readers that international trade law—and its impact on job availability and the price and availability of goods—can make a difference in people’s everyday lives
Sin of Omission: Exploring a Key Credibility Inference in Canadian Refugee Status Rejections
Get PDFRefugee claimants in Canada must submit a “Basis of Claim” form to the Refugee Board before attending a hearing with the adjudicator who will decide their claim. On this form, they are expected to produce a written narrative that explains “everything that is important” about their experiences. At their hearing, many claimants encounter, for the first time, a key principle of Canadian refugee law: The omission of any “important information” from this narrative suggests that they have invented their claim. This study takes a close look at how this “omission from the narrative” inference is operating within a set of judgments by Canadian refugee status adjudicators. It provides the first quantitative overview of the role that this inference plays in a sample of Canadian decisions as well as the first in-depth analysis of this kind of high-stakes legal reasoning. Negative credibility findings were at the heart of the decision to reject a large majority of the claimants in these decisions (72 per cent; 217/303), and the adjudicators in these cases relied on an “omission from the narrative” inference in almost half of the decisions in which they concluded that the claimant was lying (49 per cent; 128/259). The major premise underlying this inference is that, in drafting their narrative, the claimant would have understood what information the Board expected them to provide. The claimants in these decisions raised strong challenges to this premise, and the adjudicators did not identify compelling support for it. At least in the context in which it currently operates in Canadian refugee hearings, adjudicators cannot, therefore, reliably infer deception from the fact that a claimant has added even important new information at the hearing. This conclusion has implications for the Canadian refugee system’s administrators; for adjudicators; for appellate-level decision makers and judges; for legal aid systems; for counsel who represent refugee claimants; and for researchers who study refugee status adjudication
Shareholder Investigation Rights in Canada: A Balancing of Competing Interests
No full textThe separation of ownership and control in corporations means that corporations are inherently asymmetric information environments. Canadian corporate statutes have developed over time to balance this asymmetry by providing shareholders with limited but express statutory information rights. Where these rights are insufficient or not complied with by the corporation, shareholders can seek statutory remedies, including investigation orders. This chapter reviews the statutory regime for investigation rights in Canada, including how those rights have been shaped by jurisprudence and how the courts have tried to strike the balance between shareholders’ rights to access information and the corporation’s ability to efficiently function. Canadian courts have tried to strike this balance by refusing to grant investigation orders when the information sought can be obtained by shareholders through other, less intrusive means
