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Action Committee On Access To Justice In Civil And Family Matters: Colloquium Report, Action Committee On Access To Justice In Civil And Family Matters
Action Committee On Access To Justice In Civil And Family Matters: Colloquium Report, Action Committee On Access To Justice In Civil And Family Matters
Canadian Forum on Civil Justice
This report on the Colloquium provides an overview of the Colloquium discussions and a summary of the key messages of those who participated in the two-day event. It attempts to capture the comments, suggestions and major points of dialogue. In addition to providing an overview and summary of the major discussion threads, it also highlights examples provided by participants of initiatives, programs and innovations that are currently working in various jurisdictions.
An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers
An Evaluation Model For Non-Governmental Organizations Engaged In Advocacy, Nathalie Des Rosiers
Osgoode Hall Law Journal
The article proposes a model to evaluate the effectiveness of NGOs that engage in advocacy for compliance with international human rights and civil liberties standards or constitutional rules. The model draws on the analysis of social movement effectiveness, ombudsmen’s roles and the literature on the evaluation of human rights NGOs at the international level. It establishes ways to measure the legitimacy and effectiveness of advocacy NGOs. In particular, it suggests that transparency and independence must be constantly demonstrated, that factual accuracy must always be sought and that legal compliance must be shown to have moral and public interest resonance. The …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Osgoode Hall Law Journal
Access to justice is the most pressing justice issue today. It has become the major focus of essentially all stakeholders in the legal community—governments, regulators, bar associations, researchers, and educators. It now needs to become an increasing topic of attention for those who use the system: the public. With all of this attention, what does the phrase “access to justice” really mean, particularly from the perspective of the public? In addition to reviewing the access to justice literature and policy initiatives, this article develops a public centered understanding of access to justice. It does so primarily by reporting on a …
2013-14 Report On Activities, Hennick Centre For Business And Law At York University
2013-14 Report On Activities, Hennick Centre For Business And Law At York University
Annual Reports and Strategic Plans
No abstract provided.
Continuum: Volume 38 (Winter 2014), Osgoode Hall Law School Of York University
Continuum: Volume 38 (Winter 2014), Osgoode Hall Law School Of York University
Continuum: Osgoode Hall Law School Alumni Magazine
No abstract provided.
The Allocation Of Burdens In Litigation Between First Nations And The Crown, Michael Wilfred Posluns
The Allocation Of Burdens In Litigation Between First Nations And The Crown, Michael Wilfred Posluns
LLM Theses
No abstract provided.
Constructive Unamendability In Canada And The United States, Richard Albert
Constructive Unamendability In Canada And The United States, Richard Albert
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
Democratic constitutions often entrench provisions against formal amendment. For example, republicanism is formally unamendable in Italy, as is federalism in Germany, political pluralism in Portugal and secularism in Turkey. Neither the Canadian Constitution nor the United States Constitution entrenches a similar form of formal unamendability, but both entrench a peculiar form of unamendability that results not from constitutional design or constitutional law but from constitutional politics. Constructive unamendability derives from a political climate that makes it practically unlikely, though not the oretically impossible, to meet the high thresholds the constitution sets for formal amendment unless constitutional politics somehow perform heroics. …
Data And Diversity In The Canadian Justice Community, Sabrina Lyon, Lorne Sossin
Data And Diversity In The Canadian Justice Community, Sabrina Lyon, Lorne Sossin
Osgoode Legal Studies Research Paper Series
This study explores the importance of quantitative and qualitative data in the development of more inclusive policies of recruitment and appointment in the justice community. Since at least the Abella Equality in Employment Royal Commission Report in 1984, the link between obtaining and analyzing data on recruitment and achieving greater inclusion has been well-documented and oft-repeated. The authors focus on the apparent resistance on the part of governments (in the case of judicial appointments) and private as well as public legal employers (in the case of legal recruitment) to keep, track and publish demographic data on who seeks these opportunities …
Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha
Towards A Pedagogy Of Diversity In Legal Education, Faisal Bhabha
Osgoode Legal Studies Research Paper Series
There is resounding consensus that diversity in legal education is a priority. Yet, North American law schools continue to be criticized for failing to reflect the diversity of the society that they are training lawyers to serve. With the backdrop of critical scholarship and empirical evidence, this paper is a project of conceptual reorientation. The first part examines the past 20 years of diversity promotion in legal education and concludes that, while several advances have been made, especially in increasing numerical representation of diverse groups in law schools, the promise of meaningful diversity remains unfulfilled. The next part situates the …
No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon
No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon
Osgoode Legal Studies Research Paper Series
Recent concerns about the geography of access to justice in Canada have focused on the dwindling number of lawyers in rural and remote areas, raising anxieties about the profession’s inability to meet current and future demands for localized legal services. These concerns have motivated a range of policy responses that aim to improve the education, training, recruitment and retention of practitioners in underserved areas. We surveyed lawyers in Ontario to better understand their physical proximity to clients and how, if at all, that proximity promotes access to justice. We find that lawyers' scope of practice varies based on a number …
What Is Access To Justice?, Trevor C. W. Farrow
What Is Access To Justice?, Trevor C. W. Farrow
Osgoode Legal Studies Research Paper Series
Access to justice is the most pressing justice issue today. It has recently and very quickly become the major focus of attention of essentially all stakeholders in the legal community – governments, regulators, judges, bar associations, researchers and educators. And it needs also to become an increasing topic of attention for those who use the system – the public. But with all of this new attention, do we really know what we are talking about? What does the phrase "access to justice" mean, particularly from the perspective of the public? Primarily through a series of qualitative interviews, this study looks …
Comments And Feedback On 'Growing Up: Ontario's Condominium Communities Enter A New Era' - Condominium Act Review: Stage Two Solutions Report, Sas Ansari, Sujoy Chatterjee
Comments And Feedback On 'Growing Up: Ontario's Condominium Communities Enter A New Era' - Condominium Act Review: Stage Two Solutions Report, Sas Ansari, Sujoy Chatterjee
Osgoode Legal Studies Research Paper Series
The Urban Law Centre ("ULC") has carefully reviewed the Stage Two Solutions Report ("Report") on the revisions to the Condominium Act ("the Act"). Our submissions briefly address five (5) areas that will enrich the discussion on, and improve the resulting, reforms to the Act. The ULC’s recommendations relate to sustainability, condominium dispute resolution, infrastructure needs, tenant and multicultural residents, and the effects of investors or absentee owners. The ULC would be happy to provide more detailed submissions on any of the issues raised as part of the final development of the proposed amendments to the Condominium Act.
The Punishment Agenda In The Courts, Debra Parkes
The Punishment Agenda In The Courts, Debra Parkes
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
This paper critically examines the potential of prisoner litigation in Canada to shed light on what U.S. Supreme Court Justice Anthony Kennedy has called “the hidden world of punishment”. It considers whether prisoners’ rights litigation can act as a meaningful legal check on the growing punishment agenda in Canada. The paper begins with a brief description of some aspects of the punishment agenda before moving on to consider case law under the section of the Canadian Charter of Rights and Freedoms which speaks directly to punishment and its limits, the section 12 right to be free from “cruel and unusual …
A Crisis And Its Afterlife: Some Reflections On ‘Scholars In Self-Estrangement’, Ruth Buchanan
A Crisis And Its Afterlife: Some Reflections On ‘Scholars In Self-Estrangement’, Ruth Buchanan
Articles & Book Chapters
This essay is an extended reflection on the avenues of influence of a single article, one that is arguably the most cited contribution to scholarship on law and development of the last 40 years. In that article, published in the Wisconsin Law Review in 1974, David Trubek and Marc Galanter confidently identified and cogently parsed a ‘crisis’ in law and development studies in the United States. ‘Scholars in Self-Estrangement: Some Reflections on the Crisis in Law and Development Studies in the United States’ (hereinafter SISE), was undoubtedly a key intervention in the debate over US funding of law reform …
The Future Of Law School: Three Visions And A Prediction, Harry W. Arthurs
The Future Of Law School: Three Visions And A Prediction, Harry W. Arthurs
Articles & Book Chapters
In this article, the author examines three visions of the future of law schools. The first vision is that they should focus on producing “practice ready lawyers” to meet the immediate needs of today’s legal profession. The second is that law schools should focus on training “tomorrow’s lawyers,” graduates who are able to adapt to a rapidly-changing world. The third insists that law schools are knowledge communities whose many functions include, but are not limited to, providing students with a large and liberal understanding of law that will prepare them for a variety of legal and non-legal careers and for …
“A Different Day In Court”: Exploring The Place Of Judicial Mediation In Ontario’S Alternative Dispute Resolution Landscape, Nicole Aylwin, Trevor C. W. Farrow
“A Different Day In Court”: Exploring The Place Of Judicial Mediation In Ontario’S Alternative Dispute Resolution Landscape, Nicole Aylwin, Trevor C. W. Farrow
Articles & Book Chapters
In January 2011, the Ontario Bar Association established a taskforce to explore the question of how judicial dispute resolution could improve access to justice in Ontario. In their recently released final report, the taskforce offers some compelling conclusions. In particular, the report recommends that JDR be formally recognised as part of the alternative dispute resolution options available in Ontario since it would provide litigants the opportunity to receive their “day in court” without the necessity of a costly trial.This article elaborates on the findings of the report and places them within the larger context of current research and Canadian policy …
Experience The Future Of Legal Education, Lorne Sossin
Experience The Future Of Legal Education, Lorne Sossin
Articles & Book Chapters
This article examines the shift towards experiential legal education and its implications. While others have focused on experiential education as a means of training better lawyers, the author advances the argument for experiential education because it is rooted in substantive problem-solving, access to justice, engagement with communities, and greater opportunities for reflective and critical thinking about law and justice. Drawing on examples from Osgoode Hall Law School, which adopted an experiential curricular requirement in 2012, the article explores the ways in which experiential education may change law school and law students. The article also canvasses the implications of the experiential …
The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs
The Future Of Legal Education: Three Visions And A Prediction, Harry W. Arthurs
Articles & Book Chapters
In this article, the author examines three visions of the future of law schools. The first vision is that they should focus on producing "practice ready lawyers" to meet the immediate needs of today's legal profession. The second is that law schools should focus on training "tomorrow's lawyers, "graduates who are able to adapt to a rapidly-changing world. The third insists that law schools are knowledge communities whose many functions include, but are not limited to, providing students with a large and liberal understanding of law that will prepare them for a variety of legal and non-legal careers and for …
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Poverty Law, Access To Justice, And Ethical Lawyering: Celebrating 40 Years Of Clinical Education At Osgoode Hall Law School, Shelley Gavigan, Sean Rehaag
Journal of Law and Social Policy
Collects papers presented at the Symposium in 2011 celebrating forty years of clinical legal education at Osgoode Hall Law School.
The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron
The E-Team Project: A Teamwork Approach To Clinical Legal Education, Hilary Evans Cameron
Journal of Law and Social Policy
In this article the author argues that the University of Toronto’s Emergency Team (E-Team)—a student pilot project created to assist people facing deportation on short notice—provided a critical service to its clients and gave its student members a unique opportunity to learn real-world legal skills. The first part of this article reviews the project’s outcomes and concludes that it was a success: the E-Team won nine of its ten cases, and its members credit the project both with teaching them crucial legal competencies that they did not encounter elsewhere and with fostering their passion for social justice law. The second …
Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt
Framing Supervisory Relationships In Clinical Law: The Role Of Critical Pedagogy, Gemma Smyth, Marion Overholt
Journal of Law and Social Policy
Clinical work in law offers important opportunities for students to learn critical, reflective and politicized approaches to legal identity and practice. Such an approach is most meaningful when it is engaged by supervising lawyers and social workers in a clinical placement. The authors of this article, the Academic Clinic Director and Executive Director of two Windsor-based clinic programs, offer context, perspective and examples of how critical pedagogy (influenced by, but distinct from, critical legal studies) provides a roadmap for supervising lawyers and the programs in which they work. The paper briefly sets the context of the authors' teaching and practice. …
Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet
Law Student, Heal Thyself: The Role And Responsibility Of Clinical Education Programs In Promoting Self-Care, Christine E. Doucet
Journal of Law and Social Policy
The purpose of this paper is to examine the importance of self-care and stress management in the legal profession, specifically within the context of clinical legal education. Studies have shown that the legal profession exhibits one of the highest rates of mental health and addiction issues. In proactively addressing the importance of self-care and stress management amongst students, clinical legal educational programs can become a part of the solution. Using the student experience at Parkdale Community Legal Services, and drawing from other student legal clinics across Canada and the United States, several recommendations around self-care and stress management training in …
Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster
Multi-Disciplinary Practice In A Community Law Environment: Clinical Legal Education Combined With Holistic Service Provision, Richard Foster
Journal of Law and Social Policy
The Monash-Oakleigh Legal Service (MOLS) is a community legal service affiliated with Monash University, Melbourne, Australia, and partly funded by Victoria Legal Aid. MOLS deals with a range of legal matters, including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and bankruptcy issues. In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. This paper describes some of the mechanics of how the MDC operates, including how students are assessed and supervised. It also …
The Role Of Technology In The Provision Of Poverty Law Services, Lenny Abramowicz
The Role Of Technology In The Provision Of Poverty Law Services, Lenny Abramowicz
Journal of Law and Social Policy
Provides a cross-jurisdictional examination of how technology has been used in legal aid and community legal clinics and questions whether technology has become the tool or the master in the provision of legal aid services. Explores whether technology is playing a positive or negative role in community legal aid clinics by examining the purpose and work of community clinics, and how technology can help or impede the realization of that purpose.
Teaching Cultural Competency In Legal Clinics, Cynthia Pay
Teaching Cultural Competency In Legal Clinics, Cynthia Pay
Journal of Law and Social Policy
Aims to identify various models of cultural competency training, and to reflect on ways to appropriately and effectively address this subject in a clinical legal education setting.