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Introduction to A Research Agenda for the Gig Economy and Society
No full textThis collection wants to provide a comprehensive, interdisciplinary overview of the gig economy from both a labour and employment perspective and goes much beyond the question of the employment status of platform workers. It investigates how the gig economy is changing the way people work, how the platforms’ business models are spreading in our economies, and what labour and social institutions are needed to respond to the challenges that platform work raises
Osgoode\u27s International Symposium on “New Perspectives on Worker Subordination” - Pt1
No full textThis event was hosted at Osgoode Hall Law School\u27s Helliwell Centre on November 4, 2022, and generously supported by a Collaborative Grant from the Harry Arthurs Fund, the Canada Research Chair program, and The Jack and Mae Nathanson Centre on Transnational Human Rights, Crime and Security.
Co-Chairs: Valerio De Stefano, Sara Slinn, and Eric Tucker (Osgoode Hall Law School).
Session 1 Presentations by:
00:02:35 Cynthia Estlund
00:22:30 Eric Tucker
00:46:40 Valerio De Stefano
Description: One of the lynchpins of the employment relationship globally is the control of employers over work performance. However, a modern collective reflection on subordination and control at work in current societies is somehow still missing. This is a crucial gap in labour law scholarship because how managerial prerogatives are exerted at work has not ceased threatening workers’ individual and collective fundamental rights. Furthermore, many of the managerial technologies currently being introduced at the workplace can augment ever more the opportunities for abusive control and surveillance of workers. This project aims to fill these gaps, chiefly by organising a public discussion at Osgoode Hall Law School among scholars who have authored works relevant to these issues
The AI-Copyright Challenge: Tech-Neutrality, Authorship, and the Public Interest
Get PDFMany of copyright’s core concepts—from authorship and ownership to infringement and fair use—are being challenged by the rapid rise of generative AI. Whether in service of creativity or capital, however, copyright law is perfectly capable of absorbing this latest innovation. More interesting than the doctrinal debates that AI provokes, then, is the opportunity it presents to revisit the purposes of the copyright system in the age of AI. After introducing the AI-copyright challenge in Part 1, Part 2 considers the guiding principles and normative objectives that underlie—and so ought to inform—copyright law and its response to AI technologies. It proposes a substantive approach to tech-neutrality aimed at achieving normative equilibrium in the face of technological disruption. Applying this frame—with its corresponding emphasis on authorship and the public interest—Part 3 goes on to explain why AI-generated outputs are therefore uncopyrightable and AI-training inputs are non-infringing
Zaagtoonaa Nibi (We Love the Water): Anishinaabe community-led research on water governance and protection
Get PDFThis paper presents Indigenous community-led, collaborative, and community-engaged water governance research with a First Nations community in the Georgian Bay and Lake Huron region in northeastern Ontario, Canada. The methodology draws on Indigenous approaches to understanding and developing knowledge and is designed to build community capacity in research and in water protection and governance. This approach recognizes existing community strengths, including traditional knowledge, experiences, perspectives, and associated cultural perspectives and values, laws, responsibilities and lived experience in relation to water. Results identify and contextualize community-held responsibilities and legal principles pertaining to water that support culturally relevant water governance and strategic planning. By synthesizing and extending previous water protection initiatives, this research meaningfully supports the community’s position and leadership on water security and governance. This, in turn, strengthens Indigenous water governance and sustainable water governance broadly as Indigenous understandings and approaches to water are holistic and concern relationships with and responsibilities to all of Creation
Touch of Evil: Disagreements at the Heart of the Criminal Law Power
Get PDFEvil has been a diffıcult presence to shake in the judicial treatment of Parliament’s criminal law power, s. 91(27). From its early treatment by the Judicial Committee of the Privy Council to the Supreme Court of Canada’s latest disagreements in Reference re Genetic Non-Discrimination Act, the necessity of suppressing evil has woven in and out of the jurisprudence of the criminal law power. Alluring for its potential to provide some integrity and definitional limits to a broad head of jurisdictional power, a judicial standard premised on evil ultimately distracts more than it assists in adjudicating the division of powers by drawing courts into unquantifiable assessments of the amount of evil required before Parliament can validly enact criminal law. Better for courts to be guided by the broader conception of criminal public purpose articulated in Justice Rand’s famous judgment in Margarine Reference as a way to enable the respect of the full scope of Parliament’s authority while also protecting the balance of federalism. The Supreme Court’s divided reasons in Reference re Genetic Non-Discrimination Act provide hope for just that approach while also suggesting that evil may continue to unhelpfully hover at the edges of a case law it has haunted for too long
Worker Participation in a Time of COVID: A Case Study of Occupational Health and Safety Regulation in Ontario
Get PDFThis study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions to assert their right to participate and the outcomes of those efforts are also documented through archival evidence and interviews with worker reps and union officials. The article concludes with an assessment of weaknesses in the government promotion and protection of worker health and safety rights and calls for greater labour attention to the critical importance of worker health and safety representation
Opening Address: A Review of the Supreme Court\u27s 2021 Constitutional Jurisprudence | 25th Annual Constitutional Cases Conference
No full textConference Opening: Benjamin L. Berger, Emily Kidd White, Sonia Lawrence, and Dean Mary Condon, Osgoode Hall Law School
Opening Address: A REVIEW OF THE SUPREME COURT’S 2021 CONSTITUTIONAL JURISPRUDENCE
Providing a review of the Supreme Court of Canada’s 2021 constitutional jurisprudence, highlighting key patterns and trends and commenting on significant developments.
Craig Martin Scott, Osgoode Hall Law School, A Review of the Supreme Court’s 2021 Constitutional Jurisprudence.
This event was recorded on Friday, April 1, 2022
Hosted by Osgoode Hall Law School
Sponsored by LexisNexis and Osgoode Professional Developmen
American Contagions: Epidemics and the Law from Smallpox to COVID-19 by John Fabian Witt
Get PDFAt the time of writing, the coronavirus known as COVID-19 has swept across the world and affected nearly every aspect of daily life as we know it. Canada has had approximately 20 thousand deaths and about 780 thousand total cases and the United States has had over 400 thousand deaths and more than 25 million total cases