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“The Power of Advocacy”
Get PDFThis is a lightly edited transcript of a keynote address delivered at the 24th Annual Osgoode Constitutional Cases Conference on April 9, 2021
Rigour Required: Recent Direction from the Supreme Court of Canada on Binding and Non-Binding Sources of International Law in Charter Interpretation
Get PDFIt is not uncommon for parties to plead principles of international law to inform a court’s analysis of the Canadian Charter of Rights and Freedoms (the “Charter”). However, commentators have long expressed concern about the Supreme Court of Canada’s lack of clarity on how it uses international human rights law and for what purpose in Charter interpretation. This paper addresses how a divided Supreme Court of Canada in Quebec (Attorney General) v. 9147-0732 Québec inc. (“9147-0732 Québec inc.”) attempted to clarify when it is appropriate for a court to use international law to interpret the scope of a Charter protection and how this should be done. The paper is set out as follows: Part II sets out the background of the case, while Part III discusses the judgments of the lower courts. Part IV of the paper explains the disagreement between the majority and concurring justices in the Supreme Court’s judgment on the role of international law in Charter interpretation, while Part V analyzes the disagreement between the majority and concurring justices and the implications of the majority’s holding in 9147 for future cases
Triage and Dissensus at the Supreme Court of Canada: A Review of the Court’s 2020 Constitutional Decisions
Get PDFThe onset of the COVID-19 pandemic forced the Supreme Court of Canada to make significant adaptations in 2020. The Court heard fewer appeals, decided fewer cases and adjusted to the necessity of online hearings. Despite the challenges posed by the pandemic, the Court issued a handful of landmark rulings in 2020. These rulings engaged critically with the Court’s past jurisprudence, considered a wide range of scholarship, and broke new ground by boldly clarifying and developing the law. The Court’s 2020 constitutional decisions were also characterized by a dramatic approach to triage and a remarkable degree of dissensus. The Court prioritized its limited jurisprudential resources by deciding a third of the appeals it heard in 2020 in summary oral reasons delivered from the bench. Another troubling feature of the Court’s 2020 opinions is the high level of dissensus they exhibit: the justices were deeply divided on almost all of the major constitutional cases they decided. Dissents are productive and enriching in important ways. But some of the justices’ dissenting energy in 2020 might have been better directed to the writing of reasons — any reasons — in some of the cases that the Court summarily dismissed from the bench
Algorithmic management and collective bargaining
Get PDFThis article addresses the challenges raised by the introduction of algorithmic management and artificial intelligence in the world of work, focusing on the risks that new managerial technologies present for fundamental rights and principles, such as non-discrimination, freedom of association and the right to privacy. The article argues that collective bargaining is the most suitable regulatory instrument for responding to these challenges, and that current EU legislative initiatives do not adequately recognise the role of collective bargaining in this area. It also maps current initiatives undertaken by national trade union movements in Europe to govern algorithmic management
Sorry, I Don’t Make the Rules: Taking Seriously Chief Justice Morawetz’s Call to Overhaul the Rules of Civil Procedure
No full textPrivate International Law in Common Law Canada: Cases, Text and Materials, 5th Edition
No full textPrivate international law, also known as conflict of laws, refers to the intersections of law between private citizens of different countries and the recognition, regulation, and enforcement of legal rights in cases involving foreign entities. Commonplace in modern commerce and increasingly prevalent in areas such as family law, private international law presents challenging legal issues for Canadian courts.
Private International Law in Common Law Canada: Cases, Text and Materials, 5th Edition introduces the historical and theoretical underpinnings of private international law, exploring its constitutional implications and intersections with public policy. It examines three key issues: taking jurisdiction over a dispute, recognizing and enforcing the judgment of a foreign court, and identifying the law to be applied in resolving a dispute. These issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law, succession, and family law.
The fifth edition of this comprehensive casebook features updated case law and current legislation relevant to important issues such as the recognition and enforcement of foreign judgments, and family law matters. Authored by a team of prominent Canadian scholars, Private International Law in Common Law Canada continues to be the only casebook of its kind to examine all traditional conflict-of-law issues.https://digitalcommons.osgoode.yorku.ca/faculty_books/1454/thumbnail.jp
The Construction of Minorities: Self-Determination and the Legal Politics of Religious Difference in Late Northern Nigeria, circa 1949-1960
Get PDFCryptocurrencies and the Regulatory Challenge
No full textAs a social process that places great stock in its stability and predictability, law does not deal easily or well with change. In a modern world that is in a constant and rapid state of flux, law is being placed under considerable stress in its efforts to fulfill its task as a primary regulator of social and economic behaviour. This challenge is particularly acute in the realm of technology and its profound ramifications for social and economic behaviour. The innovative Techno-Age not only offers fresh ways of handling old problems, but also throws up entirely new problems; traditional ways of thinking about and responding to these old and new problems and their optimal resolution are no longer as tenable as many once thought. One such example is the burgeoning world of cryptocurrencies – this peer-to-peer digital network presents a profound challenge to the status quo of the financial services sector, to the established modes of state-backed fiat currency, and to the regulatory authority and reach of law. Taken together, these related challenges demand the urgent attention of jurists, lawyers and law reformers. It is the future and relevance of legal regulation as much as cryptocurrency that is at stake. This book proposes an approach to regulating cryptocurrency that recognises and retains its innovative and transformative potential, but also identifies and deals with some of its less appealing qualities and implications. --publisher\u27s description.https://digitalcommons.osgoode.yorku.ca/faculty_books/1428/thumbnail.jp
Metadata Best Practices for Trans and Gender Diverse Resources
Get PDFThis document is the result of a year of work and collaboration by the Trans Metadata Collective (TMDC; https://transmetadatacollective.org/), a group of dozens of cataloguers, librarians, archivists, scholars, and information professionals with a concerted interest in improving the description and classification of trans and gender diverse people in GLAMS (Galleries, Libraries, Archives, Museums and Special Collections). The Collective’s primary goal was to develop a set of best practices for the description, cataloguing, and classification of information resources as well as the creation of metadata about trans and gender diverse people, including authors and other creators