20092 research outputs found
Sort by
Osgoode Hall Law School Class of 2022
No full texthttps://digitalcommons.osgoode.yorku.ca/class_comp/1130/thumbnail.jp
Welcome Home: Aboriginal Rights Law after Desautel
Get PDFIn R. v. Desautel, decided 23 April 2021, a majority of the Supreme Court of Canada held, for the first time, that an Indigenous community located in the United States, whose members are neither citizens nor residents of Canada, can have an existing Aboriginal right, protected by section 35 of the Constitution Act, 1982, to hunt in a specified area within Canada. This will be so, the Supreme Court majority held, where the community can show that it descends from (is a successor of) an Indigenous community that was present in what is now Canada at the time of the ancestral community’s first contact with Europeans, and that hunting in the relevant part of Canada was integral to its way of life at that time. Justices Côté and Moldaver dissented. This article analyzes the majority decision, comments on the dissenting judgments, and delves into some unresolved issues that will need attention in light of the decision. They include the status of common law Aboriginal rights, the notion of sovereign incompatibility, the optimal way of litigating claims of Aboriginal right, and the impact of the decision on Aboriginal title claims and the duty to consult
The Law’s Apprehension of Religion as a Legal Fiction
Get PDFThis article addresses issues surrounding the way in which law apprehends religion in the judicial context. The first part of the article proposes the notion of legal fiction as a theoretical lens through which to view the law’s apprehension of religion. It is argued that this highlights and articulates a useful set of ideas about the social-symbolic process of the law’s interaction with religion. The second part of the article applies these theoretical ideas through an in-depth discussion of three cases: Ktunaxa Nation v. British Columbia, Multani v. Commission scolaire Marguerite-Bourgeoys, and Bentley v. Anglican Synod of the Diocese of New Westminster. The discussion of these cases demonstrates the descriptive and critical possibilities of reframing the law’s apprehension of religion in terms of legal fiction
Notes toward a supreme (legal) fiction
Get PDFMaksymilian Del Mar’s new book, Artefacts of Legal Inquiry: The Value of Imagination in Adjudication offers a finely drawn map of various ways of reasoning in and through law. The book is about the ways that thoughts, values, commitments and ways of seeing, move, take hold, settle, startle and – at times – release grip, reorient, and/or transmute. It is a book that is teeming with references. There are threads to pull at everywhere
Osgoode Hall Law School and Toronto District School Board join forces to break down barriers to legal careers
No full textTORONTO, Monday, Nov. 28, 2022 — Canada’s leading law school and the country’s largest school board are coming together to create a unique program designed to break down barriers for Black high school students considering careers as lawyers.
Known as Raise the Black Bar (RTBB), the initiative is the result of a ground-breaking partnership involving Osgoode Hall Law School at York University, the Osgoode chapter of the Black Law Students’ Association (BLSA Osgoode) and the Toronto District School Board. It will officially launch during a ceremony at Osgoode Hall Law School on Nov. 30.
“We believe this is the first program of its kind focusing specifically on the needs of Black high school students,” said Bunisha Samuels, president of BLSA Osgoode and a third-year law student at Osgoode. The program was initiated by members of BLSA Osgoode who wanted to bridge the gap to university and create more opportunities for Black students in the legal sector.
“I’m optimistic that Raise the Black Bar is going to help create a whole new generation of Black law students and Black lawyers,” she added. “I wish I had had this when I was in high school.”
Osgoode Hall Law School Dean Mary Condon said that Osgoode’s goal to be the most diverse, accessible law school in Canada is integral to its vision for excellence.
“Beginning with the introduction of our holistic admissions policy 15 years ago, Osgoode has been a leader among Canadian law schools in breaking down barriers to inclusion,” she said.
“We’re proud and very excited to continue that tradition by partnering with Canada’s largest school board to create the Raise the Black Bar program,” she added. “Like the TDSB, we believe to our core that diversity is our strength and the path to true excellence in the legal profession and beyond. RTBB will open the door to a new generation of talented lawyers and we can’t wait to witness their amazing achievements.”
Colleen Russell-Rawlins, TDSB Director of Education praised the new program as a potential springboard into legal careers for Black students.
“The Toronto District School Board is committed to improving the experiences and outcomes for Black students and is proud to partner with Osgoode Hall Law School for the Raise the Black Bar initiative,” she said. “This initiative is an incredible opportunity for Black secondary students to learn more about the diverse career options in law, enhance their understanding of legal education and pathways, and connect directly with Black law student mentors.”
Samuels said the program is open to all Black students across the TDSB’s 110 secondary schools, with a focus on those in Grades 10, 11 and 12. As the program ramps up, RTBB will give students the opportunity to participate in small group mentorship meetings with practicing Black legal professionals and Black law students.
Among other things, students will learn about diverse career opportunities in law, pathways to law school and financial aid. Mentors will also help students navigate barriers unique to Black students and will debunk myths about law, law school and legal careers. They will also coach them on how to build a winning resume and cover letter and how to network in professional and academic areas of interest prior to entering law.
As RTBB evolves, high school students will also be eligible to participate in additional outreach events, including presentations from Osgoode administration and Black law students focused on the admissions process and what it means to be a legal professional. In addition, RTBB organizers are planning law firm and court tours to showcase a typical day in the life of a lawyer, judge or court clerk, a mock trial to help develop skills such as written and oral advocacy, and a panel event with select Black lawyers at the annual Know Your Worth youth empowerment conference, which is open to all Black students.
The official, Nov. 30 Raise the Black Bar launch will take place at Osgoode Hall Law School on York University’s main Keele Campus, beginning at 9:30 a.m., and will feature a tour of Osgoode Hall Law School, a panel discussion with Black legal professionals on the topic of “So, you want to become a lawyer,” and a Black law student panel discussion on “What can I do NOW to prepare for law school.” About 100 high school students are expected to attend.
About the Toronto District School Board
The Toronto District School Board (TDSB) is the largest and one of the most diverse school boards in Canada. We serve approximately 235,000 students in 583 schools throughout Toronto, and more than 100,000 life-long learners in our Adult and Continuing Education programs.
About Osgoode Hall Law School
Osgoode Hall Law School of York University, founded in Toronto in 1889, is among the oldest, largest and most distinguished law schools in Canada, with a diverse and accomplished alumni community of more than 18,000 worldwide.
About York University
York University is a modern, multi-campus, urban university located in Toronto, Ontario. Backed by a diverse group of students, faculty, staff, alumni and partners, we bring a uniquely global perspective to help solve societal challenges, drive positive change and prepare our students for success. York’s fully bilingual Glendon Campus is home to Southern Ontario’s Centre of Excellence for French Language and Bilingual Postsecondary Education. York’s campuses in Costa Rica and India offer students exceptional transnational learning opportunities and innovative programs. Together, we can make things right for our communities, our planet, and our future.
MEDIA CONTACTS:
John Schofield, Communications and Media Relations Specialist, Osgoode Hall Law School of York University, (416) 736-5820, [email protected].
Shari Schwartz-Maltz, TDSB Media Relations and Issues Management, 416-518-5551, [email protected]
Understanding the Failure of Police Reform in Nigeria: A Case for Legal History Through Literature
Get PDFOn the 21st of October 2020, the world woke to images and video clips of the bloodied, broken bodies of Nigerians shared across social and traditional media. The night before, young Nigerians protesting police brutality were met with a government-sanctioned, combined police and military onslaught; Nigerias decades-long struggle with police dysfunction was brought to a head with the massacre of its citizens at the Lekki toll gate on the evening of October 20, 2020. This work problematizes the cycle of attempts at, and ultimate failure of, police reform in Nigeria. I argue that the colonial nature of policing is retained in attempts to reform the Nigerian police force. so reform efforts continue to produce a colonial and ultimately flawed institution. To address this problem, I offer a non-colonial vision of policing that draws from pre-colonial Igbo societies and recommend literary narratives as a critical source for this pre-colonial history
Hallmarks of Abusive Transactions and the Role of Economic Substance: Comments on Modernizing and Strengthening the General Anti-Avoidance Rule Consultation Paper
Get PDFI support the initiative to revisit the GAAR for purposes of making it more effective. I find the Modernizing and Strengthening the General Anti-Avoidance Rule Consultation Paper (“GAAR Consultation Paper”) helpful in providing some background and context for diagnosing the issues and setting out some proposed solutions. I appreciate the opportunity to offer some comments on two specific questions raised in the Consultation Paper:
(a) How to clarify the object, spirit and purpose of provisions of the Act?
(b) What is the role of economic substance in strengthening the GAAR