Law Commons^™

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

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The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Ag-Gag Laws, Animal Rights Activism, And The Constitution: What Is Protected Speech?, Jodi Lazare

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This article examines the constitutionality of ag-gag legislation that has recently been adopted by two Canadian provinces and is on the horizon in others. Ag-gag legislation prohibits activities such as trespass onto agricultural animal operations, gaining entry onto agriculture operations using false pretences, and interfering with the transport of farmed animals to slaughter. The analysis draws on case law and literature interpreting section 2(b) of the Canadian Charter of Rights and Freedoms and engages with scholarship related to animal rights activism, American ag-gag legislation, and feminist animal studies to argue that ag-gag laws violate the fundamental freedoms protected by the …

Constitutional Law, Jodi Lazare

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The materials below are the study outlines from the July 2020 and January 2021 Bar Examinations. The materials are not intended to provide legal advice, and should not be relied upon by articled clerks, transfer applicants, lawyers or members of the public as a current statement of the law.

Please note: The Bar Review Materials are updated every three years. They were last updated on May 1, 2020.

Does The Attorney General Have A Duty To Defend Her Legislature’S Statutes? A Comment On The Reference Re Genetic Non-Discrimination Act, Andrew Martin

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The Reference Re Genetic Non-Discrimination Act was unusual because the Attorney General for Canada argued that federal legislation was unconstitutional. In this comment, I explore the implications of this choice for the role of the Attorney General and her relationship with Parliament. I argue that the Attorney General has a duty not to defend legislation, including legislation that began as a private member’s bill, that she reasonably believes to be unconstitutional – and that if Parliament wants to defend such legislation, it should do so itself instead of relying on the Attorney General. If Parliament does not do so, the …

Nil/Tu,O Child And Family Services Society V. B.C. Government And Service Employees’ Union’ And Communications, Energy And Paperworkers Union Of Canada V. Native Child And Family Services Of Toronto, Naiomi Metallic

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In NIL/TU,O and Native Child, the Supreme Court of Canada held that unions applying for certification to represent employees of Indigenous-run child and family agencies ought to be certified under provincial labour relations legislation. The majority in both cases applied a presumptive rule that labour relations are generally provincial matters. This presumption was not displaced by the fact that both agencies were Indigenous-run organizations. The Indigenous nature of the organizations, their clientele, staff, and governance, or their own preferences for labour regimes made no difference to the Court’s analysis.

Held: Appeals Allowed.

1.

The appeals should be allowed. Treating Indigenous …

Folk Hero Or Legal Pariah? A Comment On The Legal Ethics Of Edgar Schmidt And Schmidt V Canada (Attorney General), Andrew Flavelle Martin

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In Schmidt v Canada (Attorney General), government lawyer Edgar Schmidt sought a declaration that the Department of Justice and the Minister of Justice were misinterpreting legislation requiring the Minister to inform the House of Commons if government bills are inconsistent with the Canadian Charter of Rights and Freedoms. Schmidt was one of the lawyers who made recommendations under that legislation. Schmidt thus presents an unusual case study in legal ethics: what should, or can, a lawyer do when a client rejects the lawyer’s advice? What if the client is the government, and the advice is about fundamental rights? This …