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Articles 1 - 16 of 16
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Public And Private Spending On Justice In Canada, Lisa Moore, Mitchell Perlmutter, Trevor C. W. Farrow
Public And Private Spending On Justice In Canada, Lisa Moore, Mitchell Perlmutter, Trevor C. W. Farrow
Canadian Forum on Civil Justice
As a ubiquitous aspect of everyday life, it should come as little surprise that legal problems have a tremendous cumulative cost on society. Assessing the cost of civil, family and criminal justice problems in Canada is a complex and multifaceted undertaking, owing in part to the number of agencies involved in the administration of justice, the various types of justice system expenses, and the intangible and ‘knock on’ costs that often result from experiencing legal problems. Further, costs can be examined in monetary, temporal, personal, physical health, mental health and other terms. The monetary costs are of course the most …
Ongoing Debates About Gambling Regulation In Brazil: Between Current News And Prospective Laws, An Uncertain Future Ahead, Maria Luiza Kurban Jobim
Ongoing Debates About Gambling Regulation In Brazil: Between Current News And Prospective Laws, An Uncertain Future Ahead, Maria Luiza Kurban Jobim
Journal of Law and Social Policy
Brazil, one of the countries covered by the Bingo Project, has been travelling an intricate path towards gambling regulation. When we presented our completed research at the final Bingo Project conference in 2016 , we mentioned the existence of two simultaneous processes towards gambling regulation, one initiated in the Senate and the other in the Chamber of Deputies. Unsurprisingly, when this volume went to print, both drafts were still in the Congress, waiting for further discussions and final approval.
First Nations Gaming In Canada: Gauging Past And Ongoing Development, Yale Belanger
First Nations Gaming In Canada: Gauging Past And Ongoing Development, Yale Belanger
Journal of Law and Social Policy
Canada's First Nations gaming industry, now entering its third decade of operations, includes sixteen for-profit casinos operating in British Columbia, Alberta, Manitoba, and Ontario (two charity casinos also operate in Ontario) and eleven Nova Scotia First Nations operating just under six hundred Video Lottery Terminals (VLTs) annually generating approximately one billion dollars gross revenues. Each of these sites was constructed with the goal of generating revenue for economically struggling communities, but in most cases, they quickly became the lightning rod of a complex sovereignty discourse underlined by First Nations claims that they possessed the inherent right to control on-reserve economic …
Law, Autonomy, And Local Government: A Legal History Of Municipal Corporations In Canada West/Ontario, 1850-1880, Mary Margaret Pelton Stokes
Law, Autonomy, And Local Government: A Legal History Of Municipal Corporations In Canada West/Ontario, 1850-1880, Mary Margaret Pelton Stokes
PhD Dissertations
The historiography of local government in mid-nineteenth century Canada West/Ontario is divided on the question of municipal autonomy. The more dominant thesis asserts that the Municipal Corporations (Baldwin) Act of 1849 ushered in a period of freedom for municipalities. The second depicts the Act as oppressive of autonomy in the interests of economic development. Both interpretations are based largely on extrapolation from earlier and later periods; there have been no direct examinations of local governance in Canada West/Ontario for what may be considered its formative period, from 1850 to 1880. In addition, much that has been written has been conceptually …
The Osgoode Brief (Fall 2018), Osgoode Hall Law School Of York University
The Osgoode Brief (Fall 2018), Osgoode Hall Law School Of York University
The Osgoode Brief
No abstract provided.
Charter Damages: Private Law In The Unique Public Law Remedy, Peter Krikor Adourian
Charter Damages: Private Law In The Unique Public Law Remedy, Peter Krikor Adourian
LLM Theses
In 2010, the Supreme Court of Canadas decision in Vancouver (City) v Ward created a framework for a Charter damages claim. In two subsequent decisions, the Court deviated from Ward by relying extensively on private law principles to award public law damages. In doing so, the Court has created increasingly troubling results. I review the history of Charter damages and the Courts relevant Charter and private law damages jurisprudence, with a particular focus on factors like fault thresholds, immunities, and direct liability of government. I find that Ward provides an appropriate and just remedy in accordance with a purposive approach …
A Current Assessment Of Legal Aid In Ontario, Frederick Zemans, Justin Amaral
A Current Assessment Of Legal Aid In Ontario, Frederick Zemans, Justin Amaral
Journal of Law and Social Policy
This article explores the development of legal aid services in Ontario over the past two decades. The authors find that per capita inflation-adjusted spending on legal aid services by the federal government has been in long-term decline (albeit with periodic upturns) with resulting negative impacts on access to justice for those in need of legal assistance. At the provincial level, since cuts made in the mid-1990s, financial eligibility guidelines have remained out of line with real measures of poverty, such as Statistics Canada’s low-income cut-offs, and per capita funding has only recently increased. The mix of legal aid service providers …
Victimology: A Canadian Perspective, By Jo-Anne M. Wemmers, Jake Babad
Victimology: A Canadian Perspective, By Jo-Anne M. Wemmers, Jake Babad
Osgoode Hall Law Journal
The Canadian legal community finds itself in the midst of a debate about whether victims of crime deserve greater rights in its justice system. A stunning report, for example, from The Globe and Mail in 2017 that details the high rate of sexual assault reports dismissed by police forces across the country was met with calls for investigators to pursue justice on behalf of victims more forcefully. Parliament, meanwhile, enacted legislation designed to better prepare sexual assault survivors who may face credibility-impeaching evidence on the witness stand. Dubbed “the Ghomeshi law” by legal commentators (as it arrived not long after …
Rethinking The Ken Through The Lens Of Psychological Science, Jason M. Chin, William E. Crozier
Rethinking The Ken Through The Lens Of Psychological Science, Jason M. Chin, William E. Crozier
Osgoode Hall Law Journal
Canadian courts regularly exclude psychological expert evidence that would explain the factors that produce mistaken eyewitness identifications and false confessions (two significant sources of wrongful convictions). Courts justify these exclusions on the basis that the evidence is not beyond the ken of the trier of fact—the psychologist would simply be describing an experience shared by the judge and jury. In this article, the authors suggest this reasoning rests on two fundamental misunderstandings of psychology: unconscious neglect and dispositionism. In other words, judges mistakenly assume the trier of fact understands the unconscious situational forces that distort memories and cause innocent people …
Issue 1: Anti-Black Racism, Bio-Power, And Governmentality: Deconstructing The Suffering Of Black Families Involved With Child Welfare, Doret Phillips, Gordon Pon
Issue 1: Anti-Black Racism, Bio-Power, And Governmentality: Deconstructing The Suffering Of Black Families Involved With Child Welfare, Doret Phillips, Gordon Pon
Journal of Law and Social Policy
This article focuses on how colonialism, anti-Black racism and white supremacy are embodied by Ontario’s child welfare system in relation to narratives of suffering experienced by Black families involved with this sector. We discuss how these experiences are an embodiment of the Foucauldian concepts of bio-power and governmentality. Understanding this embodiment is crucial for deconstructing how anti-Black racism, colonialism, and white supremacy are manifested in the day-to-day policies and practices of child welfare. To explicate these policies and practices we discuss three inter-related factors: 1) the historical rise of the welfare state, 2) anti-Black racism, and 3) bio-power and governmentality.
Issue 1: Explaining The Economic Disparity Gap In The Rate Of Substantiated Child Maltreatment In Canada, David Rothwell, Jaime Wegner-Lohin, Elizabeth Fast, Kaila De Boer, Nico Trocmé, Barbara Fallon, Tonino Esposito
Issue 1: Explaining The Economic Disparity Gap In The Rate Of Substantiated Child Maltreatment In Canada, David Rothwell, Jaime Wegner-Lohin, Elizabeth Fast, Kaila De Boer, Nico Trocmé, Barbara Fallon, Tonino Esposito
Journal of Law and Social Policy
Children from families living in conditions of economic hardship are at five times greater risk of substantiated harm of child abuse and neglect compared to their upper socioeconomic counterparts in the United States. This difference in risk across economic groups is referred to as the economic disparity gap in child maltreatment. Little is known about how the economic disparity gap functions in Canada. The purpose of this study is to understand the prevalence of economic hardship in the child welfare system and explain the economic disparity gap. We used the Canadian Incidence Study of Reported Child Abuse and Neglect, 2008 …
International Criminal Law And Limits Of Universal Jurisdiction In The Global South: A Critical Discussion On Crimes Against Humanity, Nergis Canefe
International Criminal Law And Limits Of Universal Jurisdiction In The Global South: A Critical Discussion On Crimes Against Humanity, Nergis Canefe
PhD Dissertations
This work is a concerted attempt to achieve an informed interpolation between ethics, politics and legal scholarship on international law, with reference to the specific category of universal jurisdiction as it pertains to crimes against humanity. It posits that critical perspectives from the Global South exemplified by the TWAIL approach and reflexive law debates, combined with a transnational understanding of international law and a committed inclusion of political judgment and collective responsibility for mass crimes, would create a radically different framework for understanding the normative underpinnings and procedural qualities of universal jurisdiction in international criminal law. The dissertation brings together …
Continuum: Volume 42 (Winter 2018), Osgoode Hall Law School Of York University
Continuum: Volume 42 (Winter 2018), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
Using Incentives To Increase Hiv/Aids Testing By Sex Workers: Evidence From A Randomized Field Experiment In China, Margaret Boittin
Using Incentives To Increase Hiv/Aids Testing By Sex Workers: Evidence From A Randomized Field Experiment In China, Margaret Boittin
Articles & Book Chapters
Can incentives increase the use of HIV/AIDS testing in criminalized populations? Lawbreakers engaged in activities that place them at heightened risk of HIV/AIDS infection fear that engaging with the state to request an HIV test could increase their likelihood of incurring sanctions for violating the law. This article reports on a randomized field experiment that evaluates whether material incentives can spur lawbreakers to seek state assistance. Sex workers in Beijing, China, were randomly assigned to receive an in‐kind incentive equivalent to $1 (control group) or $15 (treatment group) for getting an HIV test. Fifteen dollars corresponds to the average amount …
Liberal Constitutionalism And The Unsettling Of The Secular, Benjamin Berger
Liberal Constitutionalism And The Unsettling Of The Secular, Benjamin Berger
Articles & Book Chapters
This chapter argues that certain features of our constitutional theories and practices have been more dependent than we have heretofore acknowledged on an implicit faith in the character and success of secularism. An assumption about the “secular” nature of the social world has lent certain resources to liberal constitutional theory and made possible particular ideas about the nature of contemporary constitutionalism. Yet the conviction that our political and social lives can be satisfyingly described as secular has been seriously destabilized by experience and theory alike. A simple faith in secularism thus unsettled, certain gaps or shortcomings in prevailing accounts of …
What Humility Isn’T: Responsibility And The Judicial Role, Benjamin Berger
What Humility Isn’T: Responsibility And The Judicial Role, Benjamin Berger
Articles & Book Chapters
In recent years, academic literature has given some attention to humility as an important adjudicative principle or virtue. Drawing inspiration from a Talmudic tale, this chapter suggests that the picture of judicial humility painted in this literature is not only incomplete, but even potentially dangerous so. Seeking to complete the picture of what this virtue might entail, this piece explores the idea that humility is found in awareness of one’s position and role in respect of power, and a willingness to accept the burdens of responsibility that flow from this. The chapter examines elements of Chief Justice McLachlin’s criminal justice …