Law Commons^™

Assistance In Dying: A Comparative Look At Legal Definitions, Jocelyn Downie, Mona Gupta, Stefano Cavalli, Samuel Blouin

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Euthanasia, assisted suicide, medical assistance in dying, death with dignity: these and many other different terms are used around the world to capture various types of assistance in dying. This diversity in terminology can create confusion both in academic debates and in policy-making if it is unclear what type of action or inaction is intended to be captured, by whom, and under what circumstances. By defining and contrasting several terms and legal status of assistance in dying in jurisdictions authorizing it, this comparative glossary aims to lay a foundation that prevents linguistic and conceptual confusion.

Critiquing Instrumentalism In High Education: Lessons From Teaching As A Meditative Inquiry, Ashwani Kumar, Nayha Acharya

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In this conceptual and self-reflective essay, the authors begin from the premise that the contemporary higher educational institutions in Canada and many other parts of the world have increasingly tended to focus on instrumental teaching, rooted in neoliberal and capitalist ideals of societal progress through economic development. The result is that higher education centralizes making students career ready, rather than the holistic development of the student. Critical of this, Ashwani Kumar (professor of Education) and Nayha Acharya (professor of Law), undertake a collaborative effort to discuss how Kumar’s theoretical and practical concept of teaching as meditative inquiry can be an …

The Incorporation Of Government Lawyering In The Teaching Of Legal Ethics In Canadian Law Schools, Andrew Martin, Leslie Walden

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Government lawyers, and the specific legal ethics issues that arise in their practices, remain largely overlooked in Canadian legal education. The authors argue that government lawyering should be better incorporated into legal ethics curricula in law schools, for both practical and conceptual reasons. Most importantly, understanding issues unique to government lawyering helps students better understand core concepts in legal ethics, and thus better prepare for the practice of law both in the public and private sectors. While law teachers face serious challenges in incorporating government lawyering into legal ethics education, many of those challenges can be confronted and ameliorated. The …

Symposium Introduction: Teaching And Researching International Law – Global Perspectives, James Thuo Gathii, Olabisi D. Akinkugbe, Nthope Mapefane, Titilayo Adebola, Ohio Omiunu

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Welcome to the Teaching and Researching International Law – Global Perspectives Symposium. This series of blog posts gathers perspectives from international law teachers, researchers and students from different regions and all stages of their careers and legal education, to reflect together on common challenges and imagined futures of our profession. This Symposium is held in a moment of great uncertainty – but also of possibility: the Critical Pedagogy Symposium recently held on Opinio Juris offered thought-provoking commentary from across the globe on critical international pedagogy and the virtual space, while the forthcoming TWAILR series on Critique and the Canon promises …

How Covid-19 Rekindled The Spirit Of Teaching, Nayha Acharya

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The abrupt end to our classes in the middle of March 2020 due to the Covid-19 situation reignited in me the real sense of what it means to be a teacher. It brought me out of the superficial notion, where being a law professor just means being someone who has students who will listen to me talk about the law, and into the deeper sense - that being a teacher involves a very special human relationship. This transition arose in me, I believe, because the Covid-19 situation forced me to slow down and sit still for a while, and that …

Evidence, Rollie Thompson

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“Evidence” is what, in our adversary system, the parties attempt to place before the neutral factfinder in order to prove their case (or disprove their opponent's case). We follow the principle of party-presentation: parties determine what specific items of evidence are offered for proof, while the impartial judge or decision maker will determine which items are “admissible” evidence, in accordance with principles of law. At the end of the trial or hearing, the fact-finder (jury, judge, tribunal, decision maker) will determine which of those admissible items of evidence are believed or not, in formulating “fact-guesses” or “findings of fact”.

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.

Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic

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Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about, critical race …

Train Wrecks: 3m National Teaching Fellows Explore Creating Learning And Generative Responses From Colossal Failures, William B. Strean, Patrick T. Maher, Kim Brooks

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We all fail. We also like to look good and avoid looking bad. So, even though we know that taking risks and trying new approaches are important for enhancing our teaching and students’ learning (Strean, 2017), we rarely talk about our failures. Our claim in this paper is that our insecurities create a substantial barrier to improving and enriching our teaching practices. If we do not find time to take big risks, and then to explore and critically reflect on failures that result sometimes from those risks, we lose out on the chance to become better teachers; more fundamentally, we …

Administrative Law, Diana Ginn, Sheila Wildeman

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Administrative law is concerned with the relationship between courts and those who make decisions in the course of exercising administrative powers. In particular, administrative law focuses on the way in which and the extent to which courts review or oversee administrative decision making. Administrative powers are largely created by statute. Such legislation is often referred to as the "enabling legislation”. An action taken under the Crown's prerogative powers is also considered to be administrative action; however, the focus of these materials is on action taken under enabling legislation.

Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic

Articles, Book Chapters, & Popular Press

Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about, critical race …

When Law Frees Us To Speak, Jonathon Penney, Danielle Citron

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A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, law has an equally important expressive role. In this article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role—its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …

Away From The Library, David H. Michels

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"I use Google for my research, I don't use the library." "Can you teach my students to do legal research only with tools they can access after they leave University?" This paper is about me, the librarian, irritated by the assertion and puzzled by the request. It captures just two of many events on a long and incomplete journey of reimagining librarianship and my changing role as librarian. I would test the assertion, plan the classes, and share those experiences. However, I would be dishonest if I did not also share that I am apprehensive about the results of my …

Human Rights Education In Patient Care, Joanna Erdman

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This article explores how human rights education in the health professions can build knowledge, change culture, and empower advocacy. Through a study of educational initiatives in the field, the article analyzes different methods by which health professionals come to see the relevance of human rights norms for their work, to habituate these norms in everyday practice, and to espouse these norms in advocacy for social justice. The article seeks to show the transformative potential of education for human rights in patient care.

The High Cost Of Transferring The Dream, Kim Brooks

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This paper is part of a larger project where I use the facts in tax decisions to reveal something about who we are. It looks through a small window into the lives of the people who find themselves caught between our collective and their individual expenditure aspirations. More specifically, it explores the circumstances in which individuals find that their outstanding tax debts pose a threat to their ability to maintain ownership of their home.

In this paper I use the facts of tax cases for two ends. First, I am interested in disrupting legal knowledge hierarchies. We choose cases to …

No Lawyer For A Hundred Miles? Mapping The New Geography Of Access Of Justice In Canada, Jamie Baxter, Albert Yoon

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Abstract

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 across 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 …

The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks

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In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.

The World Needs More Rod Macdonald: The Potential Of Big Ideas, Kim Brooks

Articles, Book Chapters, & Popular Press

In this article, the author makes the case for thinking boldly and experimentally about the possibilities for legal education and law schools and urges us to embrace the potential for big ideas. She illustrates this approach through the lens of admissions, curriculum, and research. Within each of those aspects of legal education, the article suggests some guidelines that might be used to evaluate reform proposals and proposes one major change to spur reflection.

Creating Teaching Champions: Taking The Graduate Teaching Experience Outside The Classroom, Jill Mcsweeney, Nayha Acharya, Giovanna Celli, Colin Jackson, Marissa Ley, Raghav V. Sampagni

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Teaching and learning (T&L) is considered an essential skill for graduate students (Rose, 2012). University T&L centres offer a range of workshops, seminars, and certificates, which allow students to engage with peers who are interested and enthusiastic about T&L and gain support for and confidence in their own teaching (Hughes, 2006). Still, there can be little opportunity for students to engage in more informal T&L dialogue within or outside of their department (Leger & Young, 2014). Through informal student feedback, the Centre for Learning and Teaching (CLT) at Dalhousie University identified this gap in graduate student T&L development, and created …

Scholarship From The Self: A Reason Among Many For Why Meditation Can Benefit Graduate Students, Nayha Acharya

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Graduate student life is generally awesome, but it’s a whirlwind. There are ideas to develop, papers to edit, students to assist, milestones to celebrate, CVs to build, money to make, and futures to think about. Tangled up in all of this, it can seem impossible or even irresponsible to stop, breathe, and reflect on what we are doing and why. Gradually, though, I have been letting myself believe that for either aspiring or actual scholars, it can be a bit reckless not to take reflective pauses. Below I offer my thoughts on a fairly recently popularized method of pausing called …

A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik Knutsen, Carla Crifo', Camille Cameron

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This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …

A Community Of Procedure Scholars: Teaching Procedure And The Legal Academy, Elizabeth Thornburg, Erik S. Knutsen, Carla Crifo', Camille Cameron

Articles, Book Chapters, & Popular Press

This article asks whether the way in which procedure is taught has an impact on the extent and accomplishments of a scholarly community of proceduralists. Not surprisingly, we find a strong correlation between the placement of procedure as a required course in an academic context and the resulting body of scholars and scholarship. Those countries in which more civil procedure is taught as part of a university degree — and in which procedure is recognized as a legitimate academic subject — have larger scholarly communities, a larger and broader corpus of works analyzing procedural issues, and a richer web of …

Response To The Consultation Paper Of The Task Force On The Canadian Common Law Degree Of The Federation Of Law Societies Of Canada, Canadian Association Of Law Teachers/Canadian Law And Society Association, Richard Devlin Frsc, Hester Lessard, Roderick A. Macdonald, Diana Majury, Annie Rochette

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This Response to the Consultation Paper of the Task Force on the Canadian Common Law Degree (the Task Force) of the Federation of Law Societies of Canada was prepared by a joint Committee of the Canadian Association of Law Teachers (CALT) and the Canadian Law and Society Association (CLSA).

'...And The Learners Shall Inherit The Earth': Continuing Professional Development, Life Long Learning And Legal Ethics Education, Richard Devlin, Jocelyn Downie

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After many years of debate and resistance the Canadian legal profession is finally accepting that compulsory professional development is a necessity. We argue that as the legal profession begins to design and deliver these programmes it should take into consideration the insights of the educational literature on lifelong learning. By way of a concrete example we explore the ways in which lifelong learning theory can inform the design and delivery of legal ethics education.

Fitness For Purpose: Mandatory Continuing Legal Ethics Education For Lawyers, Jocelyn Downie, Richard Devlin

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The authors argue that if we want lawyers to be fit for the purpose of practicing law, and law societies to be fit for the purpose of regulating in the public interest, then it is incumbent upon the Canadian legal profession to adopt programmes of compulsory legal ethics education (CLEE). In support of this argument the authors: provide several reasons why Canadians might be concerned about the ethical fitness of lawyers and law societies; analyse several arguments both in supporting and resisting CLEE; suggest several strategies for overcoming the ethical indolence of the legal profession; and draw inspiration from recent …

Mandatory Legal Education Is A Step In The Right Direction, Richard Devlin, Jocelyn Downie

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For decades, and from sea to sea to sea, many Canadian lawyers have resisted and ridiculed mandatory continuing legal education (MCLE). But the winds of change are blowing from the West.

As of January 2009 all lawyers in British Columbia will be obliged to complete 12 hours of “continuing professional development” per year. While some other provinces have imposed mandatory reporting obligations for CLE, British Columbia is the first to grasp the nettle and make actual participation in CLE mandatory. There are a number of compelling reasons for concluding that this is a very good thing.

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Natasha Bakht, Kim Brooks, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra Parkes

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In response to anecdotal concerns that student enrollment in outsider courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of outsider that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes

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In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

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This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.

Feminists, Angels, Poets, And Revolutionaries: What I'Ve Learned From Ruthann Robson And Nicole Brossard On What It Means To Be A Law Teacher, Kim Brooks

Articles, Book Chapters, & Popular Press

This short piece was written as a tribute to the contributions Ruthann Robson has made to legal pedagogy, and was presented at a Symposium in her honor held at CUNY.