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Civil rights

Selected Works

Janet Mosher

Articles 1 - 2 of 2

Full-Text Articles in Law

Panel 5: Access To Justice, Janet E. Mosher, Trevor C. W. Farrow, Michael J. Trebilcock, Lorne Sossin Oct 2015

Panel 5: Access To Justice, Janet E. Mosher, Trevor C. W. Farrow, Michael J. Trebilcock, Lorne Sossin

Janet Mosher

PANEL V: ACCESS TO JUSTICE: Moderator: Lorne Sossin, Dean, Osgoode Hall Law School; Speaker: Janet Mosher, Professor, Osgoode Hall Law School, "Access to Justice Amid Threats of Contagion"; Speaker: Trevor Farrow, Professor, Osgoode Hall Law School, "What is Access to Justice?"; Discussant: Michael Trebilcock, Professor, Faculty of Law, University of Toronto.


Accessing Justice Amid Threats Of Contagion, Janet E. Mosher Oct 2015

Accessing Justice Amid Threats Of Contagion, Janet E. Mosher

Janet Mosher

Plans to prepare for a global pandemic have proliferated in recent years, and “legal preparedness” has emerged as a critical component of such plans. Commonly, the threat of disease is analogized to terrorism and recast as an issue of national security. In this framing, laws authorizing surveillance, containment, and forced treatment are understood as necessary. Law’s promise of protection against abuses in the exercise of such powers through procedural rights of review offers meagre comfort for critics concerned that individual liberties will readily yield to national security and public health in the context of an actual pandemic. An alternative framing …