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Full-Text Articles in Law

Understanding Chilling Effects, Jonathon W. Penney Apr 2022

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, …


The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney Jan 2020

The Chilling Effect Claims In ‘Zeran V. Aol’, Jonathon W. Penney

Articles & Book Chapters

No abstract provided.


Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron Jan 2016

Book Review: The Great Dissent: How Oliver Wendell Holmes Changed His Mind – And Changed The History Of Free Speech In America, By Thomas Healy, Jamie Cameron

Osgoode Legal Studies Research Paper Series

Thomas Healy’s The Great Dissent re-treads the familiar story of US Supreme Court Justice Holmes’s First Amendment conversion between March and November 1919, when he launched his marketplace of ideas theory and strong-form version of the clear and present danger doctrine. Healy’s book demonstrates that fresh perspectives on this vital and ever-intriguing change of mind or transformation on Holmes’s part remain possible. The review offers its own perspective by highlighting the process of “reverse mentoring” which took place, in which the older jurist was mentored on free speech issues by the emerging thought leaders of the day – Laski, Frankfurter, …


Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal Jan 2012

Whistleblowing And Freedom Of Conscience: Towards A New Legal Analysis, Richard Haigh, Peter Bowal

Comparative Research in Law & Political Economy

Most of us have an instinctive understanding of what “whistleblowing” is: the act of alerting the public to scandal, danger, malpractice, corruption or other immoral or unethical behaviour. For a long time, whistleblowers were treated poorly – today, they are now acknowledged, and sometimes even admired, but there is still some way to go. We believe that a strongly developed and distinct freedom of conscience, as expressed in s. 2(a) of the Canadian Charter of Rights and Freedoms, could go some way towards achieving that goal. In law, however, conscience is often treated as inseparable from religion, without any meaningful …


Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn Jan 2008

Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn

Articles & Book Chapters

Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …


Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron Jan 1992

Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron

Articles & Book Chapters

This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …


The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron Jan 1989

The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron

Articles & Book Chapters

The author submits that the logic and purpose of the Canadian Charter of Rights and Freedom, as it was originally conceived, demand that the substantive rights be given a broad and literal interpretation with limitations imposed exclusively under section 1. This distinction between breach and justification must be maintained to preserve the Charter's integrity. The author suggests that the Supreme Court of Canada's decision in Irwin Toy will only perpetuate the confusion surrounding Charter interpretation. The Court again failed to articulate a concrete conception of section 1 review, and, in obiter dicta, noted that forms of expressive activity having physical …


"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young Jan 1988

"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young

Articles & Book Chapters

We have seen in recent years a growing demand to recognize the victims’ rights and needs. In Canadian jurisdictions this has resulted in the introduction of victims-witness assistance programs that are designed to provide support to a victim of crime throughout the court process. Compensation boards have also been set up to provide financial remuneration w those who have suffered injury or loss at the hands of the perpetrator of the crime. In the United States, however, a more aggressive scheme for providing victim redress has been adopted by a number of the state legislatures. These "Son of Sam" laws, …