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Articles 1 - 30 of 32
Full-Text Articles in Law
Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes
Algorithmic Management And Collective Bargaining, Valerio De Stefano, Simon Taes
Articles & Book Chapters
This 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.
Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker
Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker
Articles & Book Chapters
This 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 …
Uk Supreme Court Rules That English Companies Can Be Sued For Actions Of Foreign Subsidiaries In The Interest Of “Substantial Justice”, Suzanne E. Chiodo
Uk Supreme Court Rules That English Companies Can Be Sued For Actions Of Foreign Subsidiaries In The Interest Of “Substantial Justice”, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo
Becoming Competitive On The Worldwide Stage: U.K. Supreme Court Gives Green Light To Class Actions, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo
English Court Of Appeal Looks To Canada In Opening Gates To Competition Law Class Actions, Suzanne E. Chiodo
Articles & Book Chapters
No abstract provided.
A Relational Approach To Property, Jennifer Nedelsky
A Relational Approach To Property, Jennifer Nedelsky
Articles & Book Chapters
No abstract provided.
The 14th Annual Sir Hugh Laddie Lecture - Mr. Justice Laddie And His Intellectual Property Cases: Of Millefeuilles And A Fish Called Elvis, David Vaver
Articles & Book Chapters
For me, it was a trip through the judgments of a master craftsman who could succinctly summarize the dispute before him; weigh the conflicting evidence; say what rang true and what did not; state the applicable law, often from first principles set in their historical and policy context; and end by saying who won and lost and what to do. Copyright law might be "over-strong", as he suggested in a 1996 lecture;14 but when he had to decide whether a TV documentary critical of cheque-book journalism could freely use another channel's footage to make its point, Laddie J. said his …
Wise Practices: Indigenous-Settler Relations In Laurentian Great Lakes Fishery Governance And Water Protection, Kate J. Mussett, Susan Bell Chiblow, Deborah Mcgregor, Rod Whitlow, Ryan Lauzon, Kaitlin Almack, Nicholas Boucher, Alexander T. Duncan, Andrea J. Reid
Wise Practices: Indigenous-Settler Relations In Laurentian Great Lakes Fishery Governance And Water Protection, Kate J. Mussett, Susan Bell Chiblow, Deborah Mcgregor, Rod Whitlow, Ryan Lauzon, Kaitlin Almack, Nicholas Boucher, Alexander T. Duncan, Andrea J. Reid
Articles & Book Chapters
Ongoing tensions between Indigenous and non-Indigenous communities working in support of the protection and management of fish and water in North America have necessitated a shift from current structures towards relationships built upon and driven by respect, relevance, reciprocity, and responsibility. Similarly, the cumulative and evolving effects of climate change, industrialization, resource extraction, and displacement of Indigenous Peoples from their traditional and contemporary lands and waters requires purposeful application of decolonizing methods in aquatic systems management and protection, which in turn aids in the re-establishment of agency to Indigenous Peoples. This article endeavors to outline critical differences in ‘best …
Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott
Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott
Articles & Book Chapters
Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …
Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor
Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor
Articles & Book Chapters
This 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 …
New Directions In Judicial Biography: More Humane, More Transnational, More Comparative, Philip Girard
New Directions In Judicial Biography: More Humane, More Transnational, More Comparative, Philip Girard
Articles & Book Chapters
No abstract provided.
The Relational Robot: A Normative Lens For Ai Legal Neutrality — Commentary On Ryan Abbott, The Reasonable Robot, Carys Craig
The Relational Robot: A Normative Lens For Ai Legal Neutrality — Commentary On Ryan Abbott, The Reasonable Robot, Carys Craig
Articles & Book Chapters
Artificial Intelligence (AI), we are told, is poised to disrupt almost every facet of our lives and society. From industrial labor markets to daily commutes, and from policing tactics to personal assistants, AI brings with it the usual promise and perils of change. How that change will unfold, however, and whether it will ultimately bestow upon us more benefits than harms, remains to be determined. A significant factor in setting the course for AI’s inevitable integration into society will be the legal framework within which it is developed and operationalized. Who will AI displace? What will it replace? What improvements …
Reconciling Relationships With The Land Through Land Acknowledgements, Deborah Mcgregor, Emma Nelson
Reconciling Relationships With The Land Through Land Acknowledgements, Deborah Mcgregor, Emma Nelson
Articles & Book Chapters
One of the limitations of conventional Canadian conceptions of reconciliation is the underlying assumption that reconciliation applies, virtually exclusively, to relationships among peoples. There are, however, other dimensions to reconciliation that are equally important from an Indigenous point of view. As Mi’kmaq Elder Augustine suggests, “other dimensions of human experience—our relationships with the earth and all living beings—are also relevant in working towards reconciliation” (TRC 2015a, 122). Indigenous conceptions of reconciliation extend beyond people to the natural world and are informed by direct relationships to the Land. In this chapter. an Anishinaabe scholar, living in her own Lands, and a …
From “Trust” To “Trustworthiness”: Retheorizing Dynamics Of Trust, Distrust, And Water Security In North America, Nicole J. Wilson, Teresa Montoya, Yanna Lambrinidou, Leila M. Harris, Benjamin J. Pauli, Deborah Mcgregor, Robert J. Patrick, Silvia Gonzalez, Gregory Pierce, Amber Wutich
From “Trust” To “Trustworthiness”: Retheorizing Dynamics Of Trust, Distrust, And Water Security In North America, Nicole J. Wilson, Teresa Montoya, Yanna Lambrinidou, Leila M. Harris, Benjamin J. Pauli, Deborah Mcgregor, Robert J. Patrick, Silvia Gonzalez, Gregory Pierce, Amber Wutich
Articles & Book Chapters
Assumptions of trust in water systems are widespread in higher-income countries, often linked to expectations of “modern water.” The current literature on water and trust also tends to reinforce a technoscientific approach, emphasizing the importance of aligning water user perceptions with expert assessments. Although such approaches can be useful to document instances of distrust, they often fail to explain why patterns differ over time, and across contexts and populations. Addressing these shortcomings, we offer a relational approach focused on the trustworthiness of hydro-social systems to contextualize water-trust dynamics in relation to broader practices and contexts. In doing so, we investigate …
Competition And Labour Law In Canada: The Contestable Margins Of Legal Toleration, Eric Tucker
Competition And Labour Law In Canada: The Contestable Margins Of Legal Toleration, Eric Tucker
Articles & Book Chapters
In Canada, as elsewhere, the norms of capitalist legality include an aversion to permitting collective action by sellers of commodities to increase their price. Labour law, however, is built on the norm of freedom of association and the right of commodified workers to combine for the purpose of improving the terms of their labour contracts. This gives rise to a recurring regulatory dilemma. In Canada, this conflict has been resolved by granting workers a legal immunity from liability under competition law for engaging in approved collective action to improve or defend their terms and conditions of work. However, the zone …
Reframing Technology-Facilitated Gender-Based Violence At The Intersections Of Law & Society, Jane S. Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
Reframing Technology-Facilitated Gender-Based Violence At The Intersections Of Law & Society, Jane S. Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
Articles & Book Chapters
This 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 …
“I See My Culture Starting To Disappear”: Anishinaabe Perspectives On The Socioecological Impacts Of Climate Change And Future Research Needs, A.K. Menzies, E. Bowles, M. Gallant, H. Patterson, C. Kozmik, S. Chiblow, Deborah Mcgregor
“I See My Culture Starting To Disappear”: Anishinaabe Perspectives On The Socioecological Impacts Of Climate Change And Future Research Needs, A.K. Menzies, E. Bowles, M. Gallant, H. Patterson, C. Kozmik, S. Chiblow, Deborah Mcgregor
Articles & Book Chapters
Climate change disproportionately affects Indigenous Peoples because of strong connections between environmental, cultural, and spiritual well-being. While much of the global discourse surrounding climate change is founded in Western science, the holistic, place-based knowledge of Indigenous Peoples offers a complementary way of understanding and mitigating climate change impacts. The goal of this research was to elevate Anishinaabe concerns, observations, and perspectives about climate change impacts and future research needs. We organized a workshop called “Connecting Guardians in a Changing World” where participants shared concerns about animal and plant life cycles, water cycles and water quality, and impacts to ways of …
Understanding Chilling Effects, Jonathon W. Penney
Understanding Chilling Effects, Jonathon W. Penney
Articles & Book Chapters
With digital surveillance and censorship on the rise, the amount of data available unprecedented, and corporate and governmental actors increasingly employing emerging technologies like artificial intelligence and facial recognition technology for surveillance and data analytics, concerns about “chilling effects,” that is, the capacity for these activities to “chill” or deter people from exercising their rights and freedoms, have taken on greater urgency and importance. Yet, there remains a clear dearth in systematic theoretical and empirical work points. This has left significant gaps in understanding. This Article has attempted to fill that void, synthesizing theoretical and empirical insights from law, privacy, …
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon W. Penney, Bruce Schneier
Platforms, Encryption, And The Cfaa: The Case Of Whatsapp V Nso Group, Jonathon W. Penney, Bruce Schneier
Articles & Book Chapters
End-to-end encryption technology has gone mainstream. But this wider use has led hackers, cybercriminals, foreign governments, and other threat actors to employ creative and novel attacks to compromise or workaround these protections, raising important questions as to how the Computer Fraud and Abuse Act (CFAA), the primary federal anti-hacking statute, is best applied to these new encryption implementations. Now, after the Supreme Court recently narrowed the CFAA’s scope in Van Buren and suggested it favors a code-based approach to liability under the statute, understanding how best to theorize sophisticated code-based access barriers like end-to-end encryption, and their circumvention, is now …
The Pillar 2 Undertaxed Payments Rule Departs From International Consensus And Tax Treaties, Jinyan Li
The Pillar 2 Undertaxed Payments Rule Departs From International Consensus And Tax Treaties, Jinyan Li
Articles & Book Chapters
The OECD released pillar 2 model rules last December to provide a template for domestic legislation to implement the agreement reached on October 8, 2021, by almost 140 inclusive framework members on a two-pillar solution to address global ta challenges. The model rules are limited to the income inclusion rule (IIR) and undertaxed payments rule (UTPR) (collectively known as the global anti-base-erosion (GLOBE) regime) in the October agreement. However, and rather surprisingly, the meaning of the letter “P” in the UTPR was effectively changed from payments to profits in the model rules. There was little, if any, public discussion about …
Canadian Privacy Law And The Post-War Freedom Of Information Paradigm, Jonathon W. Penney
Canadian Privacy Law And The Post-War Freedom Of Information Paradigm, Jonathon W. Penney
Articles & Book Chapters
An overemphasis on technology among Canadian privacy scholars has neglected other important historical factors in the development of privacy law. The chapter aims to help fill that void through a case study examining how a broader Post War paradigm, centred on freedom of information, impacted on Canada's most important early privacy laws, including Canada's first privacy law - Part VI of the Canadian Human Rights Act (1977); the federal Privacy Act (1983); and the Personal Information Protection and Electronic Documents Act (PIPEDA)(2000). The case study suggests that despite wider concerns about privacy when each law was enacted, those concerns were …
Toward Indigenous Visions Of Nature-Based Solutions: An Exploration Into Canadian Federal Climate Policy, Graeme Reed, Nicolas D. Brunet, Deborah Mcgregor, Curtis Scurr, Tonio Sadik, Jamie Lavigne, Sheri Longboat
Toward Indigenous Visions Of Nature-Based Solutions: An Exploration Into Canadian Federal Climate Policy, Graeme Reed, Nicolas D. Brunet, Deborah Mcgregor, Curtis Scurr, Tonio Sadik, Jamie Lavigne, Sheri Longboat
Articles & Book Chapters
Political traction for nature-based solutions is rapidly growing as governments recognize their role in addressing the simultaneous climate and biodiversity crises. While there has been recognition of the role of Indigenous Peoples in nature-based solutions, there has also been limited academic review on their relationship. This paper explores how the Government of Canada’s conceptualization of nature-based solutions either support or prevent Indigenous sustainable self-determination. Drawing on past policy frameworks, we construct a novel four-dimensional sustainable self-determination policy lens focused on: Indigenous knowledge systems; Indigenous jurisdiction over land; the full and effective participation of Indigenous Peoples; and Indigenous Peoples as rights-holders …
Book Review: Justice In Transactions Benson Peter, Jennifer Nadler
Book Review: Justice In Transactions Benson Peter, Jennifer Nadler
Articles & Book Chapters
No abstract provided.
Resetting The Foundations: Renewing Freedom Of Expression Under Section 2(B) Of The Charter, Jamie Cameron
Resetting The Foundations: Renewing Freedom Of Expression Under Section 2(B) Of The Charter, Jamie Cameron
Articles & Book Chapters
The 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 …
The Eu Commission’S Proposal For A Directive On Platform Work: An Overview., Valerio De Stefano
The Eu Commission’S Proposal For A Directive On Platform Work: An Overview., Valerio De Stefano
Articles & Book Chapters
This article discusses the proposal for the EU Directive on Platform Work. While welcoming the proposal advanced by the Commission, it highlights some of its shortcomings and suggests more robust protection both for the draft Chapter on the presumption of employment, which risks being vastly ineffective, and the Chapter on algorithmic management, whose protection needs a full extension to the self-employed, more substantial collective rights for workers, and broadening the scope to the entire EU workforce.
The Misuse Or Abuse Exception: The Role Of Economic Substance, Jinyan Li
The Misuse Or Abuse Exception: The Role Of Economic Substance, Jinyan Li
Articles & Book Chapters
The “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.
Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai
Modular Legal Learning: Revitalizing The Law Classroom, David Sandomierski, Stephanie Ben-Ishai
Articles & Book Chapters
The targeted and strategic use of asynchronous learning materials can free up important space for classroom teaching, and can unlock the spirit of experimentation, innovation, and engagement that animates in-person learning. This article sets out five principles that should guide future efforts to integrate asynchronous modules into legal education. Modules should be designed to supplement, not substitute, the live classroom; they should deliver content but also stimulate reflection, critique, and contextualization; they should be varied with respect to their subject matter; theoretical underpinnings, and pedagogical approach; professors should be able to easily customize their selections; and they should encourage collaboration …
Not Waiving, But Drowning: Supreme Court Of Canada Kills Waiver Of Tort As An Independent Cause Of Action, Suzanne E. Chiodo
Not Waiving, But Drowning: Supreme Court Of Canada Kills Waiver Of Tort As An Independent Cause Of Action, Suzanne E. Chiodo
Articles & Book Chapters
After 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' is apt to generate confusion and should be abandoned."2 While the plaintiffs' claims in this case also included breach of contract and unjust enrichment, the …
Designing An Equitable Border Carbon Adjustment Mechanism, Ivan Ozai
Designing An Equitable Border Carbon Adjustment Mechanism, Ivan Ozai
Articles & Book Chapters
Policy makers worldwide have increasingly considered the adoption of a carbon adjustment at the border to equalize carbon pricing on foreign goods with carbon policies imposed on domestic production. The implementation of a border carbon adjustment (BCA) in the European Union has been recently proposed by the European Commission, followed by similar plans in the United States and Canada, as an instrument designed to address concerns about competitiveness and emissions leakage resulting from the absence of a global price on carbon or an internationally coordinated carbon-pricing system. Despite its potential to address these issues, the implementation of a BCA raises …
Resetting The Foundations: Renewing Freedom Of Expression Under Section S.2(B) Of The Charter, Jamie Cameron
Resetting The Foundations: Renewing Freedom Of Expression Under Section S.2(B) Of The Charter, Jamie Cameron
Articles & Book Chapters
The 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 …