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Osgoode Hall Law School of York University

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“Silly Anecdotes”: From White Baselines To White Juries In R. V. Chouhan, Joshua Sealy-Harrington Jan 2023

“Silly Anecdotes”: From White Baselines To White Juries In R. V. Chouhan, Joshua Sealy-Harrington

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by judges govern their legal analysis. It begins with a summary of the background in Chouhan: the issue before the Court (the abolition of peremptory challenges) and how the judgment resolved that issue by constitutionally vindicating the impartiality of systemically white juries (an unfortunate continuation of the Court’s widely critiqued judgment in Kokopenace). Then, the paper analyzes Chouhan through the lens of baselines. First, the paper uses Chouhan to describe what …

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Continuum: Volume 47 (Winter 2023), Osgoode Hall Law School Of York University Jan 2023

Continuum: Volume 47 (Winter 2023), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

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Canadian “Dreamers”: Access To Postsecondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez Jan 2023

Canadian “Dreamers”: Access To Postsecondary Education, Elise Mercier, Sean Rehaag, Francisco Rico-Martinez

All Papers

Youth with precarious legal status (PLS) in Canada are entitled to access primary and secondary education regardless of their immigration status. However, once they graduate from high school their opportunities for postsecondary education are highly constrained. This article sets out an argument for expanding postsecondary educational opportunities for PLS students, drawing on the example of the only existing program in Canada targeting such students: York University’s “Access for Students with Precarious Immigration Status Program”. The article considers possible legal impediments to the establishment of such programs, including offenses under Canadian immigration legislation, and argues that charges against postsecondary institutions or …

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Tawdry Or Honourable? Additional Payments To Representative Plaintiffs In Ontario And Beyond, Suzanne E. Chiodo Jan 2023

Tawdry Or Honourable? Additional Payments To Representative Plaintiffs In Ontario And Beyond, Suzanne E. Chiodo

All Papers

Additional payments to representative plaintiffs upon the resolution of a class action are widespread in Ontario and elsewhere. However, this subject has received very little attention from appellate courts (at least in Canada), law reformers, and academics. Two conflicting judgments from the Ontario Superior Court have put a spotlight on this practice, however, and it will soon be receiving appellate treatment. The practice has also recently been subject to conflicting appellate decisions in the US. This brings to the fore crucial questions not only about the purpose of such payments, but also about the purposes of class actions in general. …

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Osgoode Syllabus Of Courses And Seminars: 2023 - 2024, Office Of Student Services Jan 2023

Osgoode Syllabus Of Courses And Seminars: 2023 - 2024, Office Of Student Services

Syllabi

No abstract provided.

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Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni Dec 2022

Understanding The Failure Of Police Reform In Nigeria: A Case For Legal History Through Literature, Olaoluwa Folasade Oni

LLM Theses

On the 21st of October 2020, the world woke to images and video clips of the bloodied, broken bodies of Nigerians shared across social and traditional media. The night before, young Nigerians protesting police brutality were met with a government-sanctioned, combined police and military onslaught; Nigerias decades-long struggle with police dysfunction was brought to a head with the massacre of its citizens at the Lekki toll gate on the evening of October 20, 2020. This work problematizes the cycle of attempts at, and ultimate failure of, police reform in Nigeria. I argue that the colonial nature of policing is retained …

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Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil Dec 2022

Indigenous Peoples In Canada: A Bibliography Of Legal And Other Works To 1994, Kristen Clark, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

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Multi-Disciplinary Legal Problem Resolution: Selected Annotated Bibliography, Lisa Moore Apr 2022

Multi-Disciplinary Legal Problem Resolution: Selected Annotated Bibliography, Lisa Moore

Canadian Forum on Civil Justice

There is a growing body of research and scholarship on medical-legal partnerships, social work-legal services partnerships, and other models for multi-disciplinary legal problem resolution. The goal of this selected annotated bibliography is to gather in one place examples of some of these models, and the research questions that are being explored in this area. This document is not intended to be exhaustive. In some jurisdictions, multi-disciplinary models that facilitate legal problem resolution have been part of the legal landscape for several decades; in other jurisdictions they are newer, growing in number in recent years. This document provides insights into published …

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Crossing Boundaries: Exploring Multi-Disciplinary Models For Legal Problem Resolution, Lisa Moore Mar 2022

Crossing Boundaries: Exploring Multi-Disciplinary Models For Legal Problem Resolution, Lisa Moore

Canadian Forum on Civil Justice

Legal problems rarely occur in a vacuum. They are often borne from other, non-legal problems or else give rise to non-legal problems and adverse circumstances. Legal research and scholarship has long recognized the broader non-legal contexts of legal problems as important for understanding legal problem experiences and individual approaches to problem resolution. In fact, decades of empirical research into the prevalence of civil legal problems has been conceptualized on the notion that, to understand the extent of legal problems in society, it is important to consider these problems as the people experiencing them might view them—through their varied financial, family, …

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The Communities Being Served Are The Resources That Are Needed: Innovations In Community-Based Justice In Ontario, An Anthology Of Canadian Research, Ab Currie Mar 2022

The Communities Being Served Are The Resources That Are Needed: Innovations In Community-Based Justice In Ontario, An Anthology Of Canadian Research, Ab Currie

Canadian Forum on Civil Justice

THIS VOLUME deals with one aspect of community-based justice in which community legal clinics take the lead in building collaborative partnerships with community groups to bring greater access to justice to people. This is not the only model of community-based justice. There are large numbers of helping organizations in communities, some staffed by professional service providers and some by capable volunteers, assisting people to resolve problems involving fairness and social justice in everyday life. There may be other ways in which community organizations assisting people may receive help from legal professionals in the form of direct advice or public legal …

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Seeing Like A Clinic, Adrian A. Smith Feb 2022

Seeing Like A Clinic, Adrian A. Smith

Osgoode Hall Law Journal

The prevailing commitment in clinical law programs like the Intensive Program in Poverty Law at Osgoode Hall Law School is to an engaged-contextualism, which serves to see law in action. It has provided participating students with some insight into the everyday life of ordinary people, approaching—but not necessarily fully perceptive to—certain socio-legal perspectives. But what does clinical legal education vision and envision? How precisely do clinics see? And from what source or place is that visual authority derived? Here, by attending to the prevailing “pedagogy of seeing” in contemporary poverty law clinical practice, I engage with teaching, learning, and praxis …

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Continuum: Volume 46 (Winter 2022), Osgoode Hall Law School Of York University Jan 2022

Continuum: Volume 46 (Winter 2022), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

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Canada: National Access To Justice Report, Trevor C. W. Farrow, Ab Currie, Melina Buckley Jan 2022

Canada: National Access To Justice Report, Trevor C. W. Farrow, Ab Currie, Melina Buckley

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

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Osgoode Syllabus Of Courses And Seminars: 2022 - 2023, Office Of Student Services Jan 2022

Osgoode Syllabus Of Courses And Seminars: 2022 - 2023, Office Of Student Services

Syllabi

No abstract provided.

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Access To Justice For Refugees: How Legal Aid And Quality Of Counsel Impact Fairness And Efficiency In Canada’S Asylum System, Craig Damien Smith, Sean Rehaag, Trevor C. W. Farrow Dec 2021

Access To Justice For Refugees: How Legal Aid And Quality Of Counsel Impact Fairness And Efficiency In Canada’S Asylum System, Craig Damien Smith, Sean Rehaag, Trevor C. W. Farrow

Canadian Forum on Civil Justice

This report presents findings from a study exploring relationships between refugee legal aid, quality of counsel, the fairness and efficiency of asylum procedures, and access to justice for refugee claimants in Canada. Legal scholars, jurists and legal associations across Canada have recognized an access to justice “crisis”. The crisis extends to refugee claimants, and is exacerbated by unique vulnerabilities and barriers to justice. This report defines access to justice for refugee claimants in Canada as early and affordable access to high-quality legal representation to both prepare claims and appear before the Immigration and Refugee Board, without systemic or economic barriers; …

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How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa Nov 2021

How Will I Know? An Epistemology Of Lawyering, Emanuel Raul Tucsa

PhD Dissertations

What does anyone know after a trial, after a witness gives testimony, or even after seeking the counsel of a lawyer? Hopefully, the answer to these questions has something to do with the truth. Legal systems claim to have truth-seeking functions. Lawyers have specific roles in the procedures by which legal systems seek the truth and these roles are informed by the norms of legal practice. Yet, lawyers' relationship to truth and knowledge remains underexplored in the philosophy of lawyering. I argue that the philosophy of lawyering needs to develop the epistemic branch of inquiry. The epistemic study of the …

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Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag Nov 2021

Measuring Access To Civil Justice: An Empirical Study Of Ontarios Reform Initiatives, Matthew Dylag

PhD Dissertations

Access to civil justice remains one of the most pressing concerns within the legal community in Canada. Yet, despite over a half century of reform efforts, many people still struggle to resolve their legal difficulties in a timely and cost effective manner. Part of the reason that reform efforts have yet to solve this crisis is that scholarship has only recently begun to investigate possible measures that can evaluate whether programs and initiatives have positively impacted the ability of ordinary Canadians to resolve their legal problems. The primary purpose of this dissertation is to support the development of such measures …

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Digital Euro, Monetary Objects, And Price Stability: A Legal Analysis, Corinne Zellweger-Gutknecht, Benjamin Geva, Seraina Neva Grünewald Sep 2021

Digital Euro, Monetary Objects, And Price Stability: A Legal Analysis, Corinne Zellweger-Gutknecht, Benjamin Geva, Seraina Neva Grünewald

Articles & Book Chapters

The Eurosystem is mandated to safeguard price stability according to article 127 of the Treaty on the Functioning of the European Union (TFEU). Based on a theoretical and policy-oriented approach, this article sheds light on a second public good with enormous practical relevance both for financial markets and institutions as well as for the general public that the Eurosystem, and ultimately the European Central Bank (ECB), must safeguard according to article 128 TFEU: the availability of ideal monetary objects for the public.While monetary policy constitutes the instrument used to keep prices stable, the availability of ideal monetary objects is ensured …

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Who Owns The City? Pension Fund Capitalism And The Parkdale Rent Strike, Jamie Shilton Jul 2021

Who Owns The City? Pension Fund Capitalism And The Parkdale Rent Strike, Jamie Shilton

Journal of Law and Social Policy

Canadian public pension funds play an increasingly significant role as institutional investors, including in the domestic residential property market. Some scholars have suggested that pension fund investments of this kind result in a form of public ownership, sometimes characterized as “pension fund socialism.” However, the actual character of pension fund investment in Canada is much more akin to a financialized pension fund capitalism, with public pension funds adopting investment strategies consistent with private financial market actors. In the summer of 2017, tenants and housing activists in Toronto’s Parkdale neighbourhood organized a successful rent strike against their corporate landlord as well …

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The Potential For A Family Law Tribunal, Patricia Lynn Robinson Jul 2021

The Potential For A Family Law Tribunal, Patricia Lynn Robinson

PhD Dissertations

This thesis considers the potential for tribunal adjudication in family law, particularly for custody and access cases. The central argument is that a paradigm shift away from adversarialism may enable experimentation with a holistic tribunal-based family law settlement system, at least for family law cases in which a best-interests-of-the-child determination is required. It is suggested that within a holistic tribunal settlement system, multi-disciplinary mediators and adjudicators could share decision-making responsibility, nurture tribunal expertise and develop transparent decision-making guidelines, while adjudication could be relegated to a secondary, inquisitorial component. New empirical research on mediation and adjudication processes in selected tribunals is …

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American Influences, Canadian Realities : How "American" Is Canadian Legal Education?, Philip Girard Jul 2021

American Influences, Canadian Realities : How "American" Is Canadian Legal Education?, Philip Girard

Articles & Book Chapters

No abstract provided.

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Leading Legal Disruption Editorial: A Vision For The Future Of Artificial Intelligence, Giuseppina D'Agostino, Aviv Gaon, Carole Piovesan Apr 2021

Leading Legal Disruption Editorial: A Vision For The Future Of Artificial Intelligence, Giuseppina D'Agostino, Aviv Gaon, Carole Piovesan

Articles & Book Chapters

Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law is designed to challenge lawyers with the practical implications that emerging technologies will have on delivering legal services and thinking about legal issues to navigate their digital transformation. By inviting thought leaders across the world and in different disciplines, ranging from privacy, contract law, and torts to governance and policy, this book goes beyond abstract and general philosophical observations on matters that concern practitioners. This practical approach has generated a wide range of global perspectives, which are refreshingly novel and timely for what are increasingly global issues. …

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Ai And Legal Scholarship : Reflections On Evolution And Influences, Jonathon W. Penney Apr 2021

Ai And Legal Scholarship : Reflections On Evolution And Influences, Jonathon W. Penney

Articles & Book Chapters

Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law is designed to challenge lawyers with the practical implications that emerging technologies will have on delivering legal services and thinking about legal issues to navigate their digital transformation. By inviting thought leaders across the world and in different disciplines, ranging from privacy, contract law, and torts to governance and policy, this book goes beyond abstract and general philosophical observations on matters that concern practitioners. This practical approach has generated a wide range of global perspectives, which are refreshingly novel and timely for what are increasingly global issues. …

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Law And Technology In Legal Education: A Systemic Approach At Ryerson, Sari Graben Mar 2021

Law And Technology In Legal Education: A Systemic Approach At Ryerson, Sari Graben

Osgoode Hall Law Journal

The Faculty of Law at Ryerson University has undertaken extensive curricular reforms aimed at engaging with technology as a central requirement of legal practice. These reforms reflect an undertaking to develop practice-based education and an undertaking to teach students to think critically about the impact of automating and mechanizing legal information. Teaching students to identify how to use technology, how to design it, and how to challenge its effects are key to providing a systemic approach to law and technology. This is an approach that teaches students to identify how law and legal services can be fundamentally altered by computational …

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The Regulation Of Paralegals In Ontario: Increased Access To Justice?, Lisa Danielle Trabucco Mar 2021

The Regulation Of Paralegals In Ontario: Increased Access To Justice?, Lisa Danielle Trabucco

PhD Dissertations

The legal profession throughout most of Canada enjoys the privilege of self-regulation and a (purported) monopoly over legal practice. In Ontario, the Law Society must regulate so as to facilitate access to justice and protect the public interest. Critics argue that self-regulation is anti-competitive it allows the profession to control the market for legal services, increasing the cost of services and restricting access to them and serves professional interests over the public interest. The Ontario government introduced paralegal regulation to enhance access to justice. Regulation would increase consumer choice and the competence and affordability of non-lawyer legal service providers. The …

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Lawyering From Below: Activist Legal Support In Contemporary Canada And The Us, Irina Ceric Mar 2021

Lawyering From Below: Activist Legal Support In Contemporary Canada And The Us, Irina Ceric

PhD Dissertations

A vast literature has considered the proactive use of law as a tool by progressive social movements, but far less attention has been paid to the way activists respond to involuntary engagement with law as a result of repression and criminalization. This dissertation explores the legal support infrastructure of grassroots protest movements in Canada and the US by tracing the evolution of contemporary activist legal support through two periods. The tactic of jail solidarity and an emerging legal collective model are highlighted as the key features of the global justice organizing era (1999-2005) while in the second age of austerity …

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The Needs Of Helping Organizations In The Community, Ab Currie Feb 2021

The Needs Of Helping Organizations In The Community, Ab Currie

Canadian Forum on Civil Justice

In access to justice, needs are ordinarily conceived in terms of individuals experiencing legal problems requiring assistance from someone with expertise and resources to resolve that problem. Legal problems studies have pointed out the vast number of problems with possible legal aspects experienced by members of the public. In Canada, repeated national surveys have estimated that about half of all adult Canadians will experience one or more problems within a three-year period. This amounted to more than 11 million people estimated by the most recent Canadian study and a greater number of problems because some people experience multiple problems.1 This …

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Ontario Civil Justice Reform In The Wake Of Covid-19: Inspired Or Institutionalized?, Suzanne E. Chiodo Jan 2021

Ontario Civil Justice Reform In The Wake Of Covid-19: Inspired Or Institutionalized?, Suzanne E. Chiodo

Osgoode Hall Law Journal

On 17 March 2020, Ontario’s courthouses shut their doors as the civil justice system locked down with the rest of the province. Regular court operations were suspended due to the state of emergency caused by the COVID-19 pandemic. This was followed by a flurry of activity as courts drew up plans to resume operations as soon as possible. The “new normal” became virtual hearings, either by video conference, in writing, or by telephone. As Attorney General Douglas Downey said, “We’ve modernized the legal system by about 25 years in 25 days.” Has the revolution arrived? Will the changes made in …

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The “Majestic Equality” Of The Law: Conservatism, Radicalism, And Reform Of The Civil Courts In Upper Canada, 1841-1853, William N. T. Wylie Jan 2021

The “Majestic Equality” Of The Law: Conservatism, Radicalism, And Reform Of The Civil Courts In Upper Canada, 1841-1853, William N. T. Wylie

Osgoode Hall Law Journal

The mid-nineteenth century was an age of reform in the civil courts of the common-law world. Why, in spite of the clamour for change within Upper Canada and the introduction of reforms in adjacent common-law jurisdictions, were Upper Canada’s leading lawyers and politicians so reluctant to act? The answer is found in the conservatism of the province’s leaders, which stemmed not only from the legal training of the lawyers, but also from the moderate conservative ideology of the Upper Canadian leadership as a whole. At an almost unprecedented time of public debate, when resentment to lawyers and the courts was …

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Continuum: Volume 45 (Winter 2021), Osgoode Hall Law School Of York University Jan 2021

Continuum: Volume 45 (Winter 2021), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

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