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A Commercial Law of Privacy and Security for the Internet of Things by Stacy-Ann Elvy
Get PDFFROM SMART CARS TO SMART REFRIGERATORS, the internet of things (IoT) has revolutionized various facets of our lives. These novel developments galvanized what scholars now deem to be the Fourth Industrial Revolution. This new era is characterized by technology-driven innovation that marries aspects of the physical, digital, and biological domains, going so far as to defy preconceived notions of human capabilities and behaviour. The societal proclivity towards digitization and automated processes has spurred the proliferation of companies entering the technology arena. Corporations are leveraging emerging technologies to cater to consumers’ idiosyncratic needs more effectively. Central to this objective is the collection of consumer data, which invites scrutiny from a privacy and security law perspective
Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects by Kinnari I. Bhatt
Get PDFTHE PUBLICATION OF DOCTOR KINNARI I. Bhatt’s first book, Concessionaires, Financiers and Communities: Implementing Indigenous Peoples’ Rights to Land in Transnational Development Projects (“Concessionaires”), comes at a time of uncertainty for the field of Aboriginal law in Canada and across the globe. To contextualize the key themes found throughout Concessionaires, and to provide a basis upon which my critiques shall be built, it is important to briefly detail recent developments in Aboriginal law in Canada
Reframing Technology-Facilitated Gender-Based Violence at the Intersections of Law & Society
Get PDFThis special issue of the Canadian Journal of Law and Technology focuses on the growing problem of technology-facilitated gender-based violence (TFGBV): an expansive, dynamic, and rapidly evolving phenomenon that Jane Bailey and Carissima Mathen have defined as “a spectrum of behaviours carried out at least in some part through digital communications technologies, including actions that cause physical or psychological harm.” The collection of articles in this issue offers multi-disciplinary insights on TFGBV by bringing together the work of emerging scholars in information and media studies, communications, and law. This approach reflects our firm belief that in order to be meaningful and effective, legal and policy decisions must be grounded in knowledge that centres the lived experiences of members of marginalized communities, including those documented in social science evidence
Not Waiving, But Drowning: Supreme Court of Canada Kills Waiver of Tort as an Independent Cause of Action
Get PDFAfter decades of uncertainty in the area of class actions and tort law, waiver of tort is dead. In its decision in Atlantic Lottery Corp. v. Babstock,1 released on July 24, 2020, the Supreme Court of Canada ( SCC ) killed off the concept once and for all, holding that, [t]his novel cause of action does not exist in Canadian law and has no reasonable chance of succeeding at trial. In addition, the term waiver of tort\u27 is apt to generate confusion and should be abandoned. 2 While the plaintiffs\u27 claims in this case also included breach of contract and unjust enrichment, the focus of the SCC\u27s decision was waiver of tort (on which the Court was unanimous), and that will therefore be the focus of this article
State Trials V: World War, Cold War, and Challenges to Sovereignty, 1939-1990
No full textThe fifth and final volume of the Canadian State Trials series examines political trials and national security measures during the period of1939to1990. Essays by historians and legal scholars shed light on experiences during the Second World War and its immediate aftermath, including uses of the War Measures Act and the Official Secrets Act with the unfolding of the Cold War and legal responses to the FLQ (including the October Crisis), labour strikes, and Indigenous resistance and standoffs. The volume critically examines the historical and social context of the trials and measures resulting from these events, concluding the first comprehensive series on this important area of Canadian law and politics.The fifth volume’s exploration of state responses to real and perceived security threats is particularly timely as Canada faces new challenges to the established order ranging from Indigenous nations demanding a new constitutional framework to protestors challenging discriminatory policing and contesting public health measures. --publisher\u27s descriptionhttps://digitalcommons.osgoode.yorku.ca/faculty_books/1425/thumbnail.jp
Resetting the Foundations: Renewing Freedom of Expression under Section s.2(b) of the Charter
Get PDFThe 40th anniversary of the Canadian Charter of Rights and Freedoms on April 17, 2022 is a time for reckoning, and an opportunity to ready s.2’s fundamental freedoms for the future. In particular, this article offers a moment of pause to invest in s.2(b)’s guarantee of expressive freedom and its renewal. The discussion begins by addressing s.2(b)’s “fault lines”, which are embedded in the jurisprudence at both stages of the analysis – breach as well as justification. What then follows is a proposal for renewal that begins, under s.2(b), with a theory or principle of freedom and a revised approach to the question of breach. Specifically, the proposal eliminates Irwin Toy’s purpose-effects test and replaces it with s.2(a)’s standard of infringement, from Syndicat Northwest v. Amselem. To complete s.2(b)’s renewal it is necessary, under s.1, to eliminate the contextual approach and re-invigorate the Oakes test. Taking these steps and engaging this process of renewal can place s.2(b) on principled foundations and constrain the power of legislatures and regulators to infringe the Charter’s guarantee of expressive freedom
Joe’s Justice: Substantive, Procedural and Remedial Equality
Get PDFDrawing on his factums in many constitutional cases, this article suggests that Joe was an early and consistent champion for substantive, procedural and remedial equality. The first part examines Joe’s commitment to substantive equality including his arguments for British Columbia in Andrews v. Law Society of British Columbia, his forward-looking approach to Indigenous rights and his commitment to authentic public law litigation that respected the disadvantaged. The second part examines Joe’s recognition that substantive equality cannot be achieved without procedural equality that gives disadvantaged litigants the equal benefit of procedural rules that too often favour governments. It examines Joe’s arguments and impact with respect to public interest standing, court fees, advanced costs, special costs and statute of limitations. The third part examines how Joe argued against remedies that deprived disadvantaged groups of immediate and effective remedies. Joe’s vision of public law litigation — what he defended as the “public good of adjudication” — is an important legacy that should continue to be advanced. Joe understood that the promised land of substantive equality also requires procedural and remedial equality
AI and digital tools in workplace management and evaluation: An assessment of the EU\u27s legal framework
Get PDFThis study focuses on options for regulating the use of AI enabled and algorithmic management systems in the world of work under EU law. The first part describes how these technologies are already being deployed, particularly in recruitment, staff appraisal, task distribution and disciplinary procedures. It discusses some near-term potential development prospects and presents an impact assessment, highlighting some of these technologies\u27 most significant implications.
The second part addresses the regulatory field. It examines the different EU regulations and directives that are already relevant to regulating the use of AI in employment. Subsequently, it analyses the potential labour and employment implications of the European Commission\u27s proposal for a regulation laying down harmonised rules on artificial intelligence (AI act). Finally, it summarises the other ongoing EU policy debates relevant to the regulation of AI at work.
The third and final part of this study reflects in detail upon the AI act and its potential impact on the existing EU social acquis. On this basis, it advances potential policy options across different EU legislative files, including but not limited to the AI act, to ensure that regulation keeps pace with technological development. It also argues that the AI act should \u27serve\u27 and complement – rather than over-ride – other regulatory standards that can already govern the introduction and use of AI-enabled and algorithmic-management systems at work
The Misuse or Abuse Exception: The Role of Economic Substance
Get PDFThe “misuse or abuse” exception under subsection 245(4) of the Income Tax Act draws the line between acceptable and unacceptable tax avoidance. As a “safety valve” or “relieving provision,” this exception has proved to be the “most crucial and controversial single factor in the application of the GAAR.” Whether a transaction that lacks economic substance is subject to the general anti-avoidance rule (GAAR) is the question considered in this chapter