Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Ontario (14)
- Law--Study and teaching (Clinical education) (11)
- Right to housing (8)
- Canada (7)
- Housing--Law and legislation (5)
-
- Canada. Charter of Rights and Freedoms (3)
- Eviction (2)
- Landlord and tenant (2)
- Administrative courts (1)
- Australia (1)
- Autonomy (Political science) (1)
- British Columbia (1)
- Consumer credit--Law and legislation (1)
- Credit bureaus--Law and legislation (1)
- Credit ratings--Access control (1)
- Criminal justice, Administration of--Study and teaching (Higher) (1)
- Critical pedagogy (1)
- Cultural pluralism--Study and teaching (Higher) (1)
- Deportation--Study and teaching (Higher)--Simulation methods (1)
- Foreclosure (1)
- France (1)
- Holistic education (1)
- Homeless persons--Legal status, laws, etc. (1)
- Homeless women--Legal status, laws, etc. (1)
- Homelessness (1)
- Housing, Cooperative--Law and legislation (1)
- Human rights--Study and teaching (Higher) (1)
- Indigenous peoples -- Canada (1)
- Indigenous peoples -- Hunting & fishing rights (1)
- Interdisciplinary approach in education (1)
Articles 1 - 30 of 125
Full-Text Articles in Law
Property Says No: Relational (In)Equality, Encampments, And Property Rights, Sarah E. Hamill
Property Says No: Relational (In)Equality, Encampments, And Property Rights, Sarah E. Hamill
Journal of Law and Social Policy
For around two decades, if not longer, Canada has seen a number of cases dealing with tent encampments, typically, but not always, located in public parks. Often these decisions arise out of municipalities seeking interlocutory or interim injunctions against the tent encampments. Property and property rights have a significant role to play in these decisions as the alleged harm to property and property rights tends to be determinative of the matter. In this article I seek to explore why it is that these decisions are showing property rights more respect than the rights of those within tent encampments. I argue, …
Homeless Encampments: A Philosophical Justification, Terry Skolnik
Homeless Encampments: A Philosophical Justification, Terry Skolnik
Journal of Law and Social Policy
Homeless encampments have become increasingly common in US and Canadian cities. Their prevalence raises a fundamental question: are encampments justifiable when individuals lack access to housing? This article argues that encampments are only partially justifiable as a response to homelessness. A complete justification implies that individuals can lawfully establish permanent encampments when they lack access to housing. A partial justification, on the other hand, forbids the establishment of permanent encampments, but permits individuals to establish temporary ones in certain circumstances. Encampments are partially justified for four principal reasons. First, they are a response to public and private law’s failure to …
When Should Publicly Owned Land Be Considered Private In Homeless Encampment Cases? A Critique Of Recent Developments In Bc, Stepan Wood
Journal of Law and Social Policy
Two recent decisions of the Chief Justice of the BC Supreme Court, Evans (2016) and Brett (2020), introduced a dangerous new idea into homeless encampment jurisprudence: that the purportedly “private” character of encampment sites determines that defendants’ Charter rights are not engaged, and that government landowners are entitled to interlocutory injunctions evicting homeless encampments from publicly owned land. These decisions distort the established test for engaging section 2(b) of the Charter, collapsing a nuanced spectrum of government-owned property into a formalistic dichotomy in which any state-owned property that is not formally open to the public as of right is “private …
Intersections Between Precarious Housing And Residential Tenancy Law: A Review Of A Complex Exile And Recent Legal Scholarship On Residential Tenancies, Anna Lund
Journal of Law and Social Policy
This review essay challenges siloed thinking about housing precarity by bringing a sociological account of emergency shelters in Ottawa, Canada–Erin Dej’s book A Complex Exile–into conversation with recent scholarship from Canadian academics on residential tenancy law.3 One intuition underlying this essay is that we need to think about these disparate legal regimes as comprising a bigger system of housing law. Bringing these areas of law into conversation with one another allows us to identify common themes and these may inform statutory reform initiatives, changes to practice, and advocacy on related social issues. Promising innovations in one area of housing law …
The Colonialism Of Eviction, Sarah Buhler, Patricia Barkaskas
The Colonialism Of Eviction, Sarah Buhler, Patricia Barkaskas
Journal of Law and Social Policy
Very little scholarship has specifically considered the phenomenon of eviction as a colonial process, or examined the role of the eviction legal system in reproducing colonial structures and relations. Our aim in this article is to address this gap and thereby extend to the eviction legal system context the work of scholars who have theorized the colonialism of the criminal justice, child welfare, and carceral systems. This article begins with an overview of current issues relating to urban Indigenous housing in Canada. The next section introduces Indigenous concepts of home and homelessness, which are distinct from dominant understandings. We then …
‘Somebody’S Street’: Eviction Of Homeless Encampments As A Reflection Of Interlocking Colonial And Class Relations, Jessica Braimoh, Erin Dej, Carrie Sanders
‘Somebody’S Street’: Eviction Of Homeless Encampments As A Reflection Of Interlocking Colonial And Class Relations, Jessica Braimoh, Erin Dej, Carrie Sanders
Journal of Law and Social Policy
Homelessness, as a construct, is premised on settler colonial technologies of land ownership and private property. Encampments, as one of the most visible forms of homelessness, compel us to confront how our socio-legal processes undermine human rights and perpetuate inequity and oppression. How municipalities engage in the legal governance of encampments, often through eviction, exclusion, and criminalization, is a result of interlocking colonial and classist political economies. Borrowing from Collins’ “matrix of domination” and Smith’s “ruling relations”, this article examines the management and ultimate eviction of No Place Like Home, a tent encampment in a mid-size city in Western Canada. …
Introduction To The Special Issue On Housing Precarity And Human Rights, Alexandra Flynn, Estair Van Wagner
Introduction To The Special Issue On Housing Precarity And Human Rights, Alexandra Flynn, Estair Van Wagner
Journal of Law and Social Policy
This special issue brings together a collection of papers examining the legal dimensions of housing precarity. While we originally imagined a special issue focused on homelessness and human rights, we agree with our contributors that housing precarity sits along a disparate spectrum, with homelessness at one end. People weave in and out of living situations, whether in shelters, apartments, rooming houses, and encampments. Human rights, and their violation, are engaged at all stages of this spectrum. Yet this relationship has been underexamined in Canadian legal scholarship. The pieces in this issue contribute to an important conversation about the intersection of …
Negotiating Trauma & Teaching Law, Mallika Kaur
Negotiating Trauma & Teaching Law, Mallika Kaur
Journal of Law and Social Policy
HOW DO YOU NEGOTIATE TRAUMA AND EMOTIONS IN YOUR CLASSROOM? Posing this open-ended question to law professors not only begets more questions, but also often elicits a reflexive retort: law professors dare not present themselves as mental health experts and law schools have mental health resources for students having difficulties. The difficulty of this approach is that in 2021, most law students are no longer willing to accept that their legal education must suppress emotions, including trauma.2 For classrooms where professors may be less comfortable with emotional discussions, they may find themselves challenged and perhaps even feel obstructed from teaching …
Pandemic Evictions: An Analysis Of The 2020 Eviction Decisions Of Saskatchewan’S Office Of Residential Tenancies, Sarah Buhler
Pandemic Evictions: An Analysis Of The 2020 Eviction Decisions Of Saskatchewan’S Office Of Residential Tenancies, Sarah Buhler
Journal of Law and Social Policy
On 11 March 2020, the World Health Organization declared a global pandemic due to the COVID-19 virus. Saskatchewan’s first COVID-19 case was detected the next day, and the Premier declared a provincial state of emergency a few days later. On March 26, the Government of Saskatchewan imposed a partial eviction moratorium, directing the Office of Residential Tenancies (“the ORT,” Saskatchewan’s housing law tribunal) to cease processing eviction applications for all but urgent situations involving risk to health or property. Saskatchewan’s partial eviction moratorium was in place until 4 August 2020. On the day the partial moratorium was lifted, active COVID-19 …
Amadeusz: Inequities In The Enactment And Implementation Of Records Suspensions, Ardavan Eizadirad, Tina-Nadia Gopal Chambers
Amadeusz: Inequities In The Enactment And Implementation Of Records Suspensions, Ardavan Eizadirad, Tina-Nadia Gopal Chambers
Journal of Law and Social Policy
AMADEUSZ IS A NON-PROFIT ORGANIZATION IN ONTARIO that provides access to education, community supports, mentorship, and exceptional care for young adults ages eighteen to thirty-five who are or have been incarcerated. Using case studies of three participants from Amadeusz, we centre the lived experiences of racialized persons with a criminal record, outlining the challenges to accessing, and being approved for, a record suspension. Although the record suspension program is intended to assist with reintegration, the case studies show that the high monetary cost for the record suspension application, extensive waiting periods of five or ten years to qualify, consideration of …
Substantive Equality And Jordan’S Principle: Challenges And Complexities, Vandna Sinha, Colleen Sheppard, Kathryn Chadwick, Maya Gunnarsson, Gabriella Jamieson
Substantive Equality And Jordan’S Principle: Challenges And Complexities, Vandna Sinha, Colleen Sheppard, Kathryn Chadwick, Maya Gunnarsson, Gabriella Jamieson
Journal of Law and Social Policy
This article examines the conceptual and procedural aspects of substantive equality with respect to Jordan’s Principle—a child-first principle intended to ensure First Nations children have equitable access to public services in Canada. We begin by providing a brief history of Jordan’s Principle and outlining how it has been linked to the concept of substantive equality. We then suggest that despite acceptance of the concept of substantive equality as a guiding principle, the federal government has not clearly explained its meaning nor operationalized it in the implementation of Jordan’s Principle. In this regard, we explore five key challenges that undermine a …
An Abortion Law Preformed, Joanna N. Erdman
An Abortion Law Preformed, Joanna N. Erdman
Journal of Law and Social Policy
This article engages the transcribed testimony of Carolyn Egan and Janice Patricia Tripp in R v Morgentaler as a critical moment of lawmaking. There is something revealing, often amusing, and sometimes devastating, when a lawyer asks a non-lawyer, in this case, a social worker: “What is the law?” The article focuses on those moments in their testimony when Egan and Tripp answered questions about the 1969 abortion law that made the law itself, its rules and procedures, the subject of examination, and in doing so, constructed new meanings of the law and social action in relation to it in the …
Who Owns The City? Pension Fund Capitalism And The Parkdale Rent Strike, Jamie Shilton
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 …
Toward City Charters In Canada, John Sewell
Toward City Charters In Canada, John Sewell
Journal of Law and Social Policy
No abstract provided.
Bill 5: How The Better Local Government Act Silenced The Voices Of Diverse Progressive Women Candidates In Toronto’S 2018 Municipal Election, Prabha Khosla, Melissa Wong
Bill 5: How The Better Local Government Act Silenced The Voices Of Diverse Progressive Women Candidates In Toronto’S 2018 Municipal Election, Prabha Khosla, Melissa Wong
Journal of Law and Social Policy
No abstract provided.
With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn
With Great(Er) Power Comes Great(Er) Responsibility: Indigenous Rights And Municipal Autonomy, Alexandra Flynn
Journal of Law and Social Policy
This article asks how the dialogue surrounding greater municipal autonomy intersects with Aboriginal rights and title, recognized under section 35 of the Constitution Act, 1982 (Constitution), with a particular focus on Toronto. The first part of this article sets out the ways in which Toronto sought empowerment following the Better Local Government Act or Bill 5, including judicial consideration of the constitutional role of Canadian municipalities, the legislative advances made by provincial governments, and the yet-implemented possibilities of protection through a little-used mechanism within the Constitution. Part II analyzes the obligations of municipalities in respect of Indigenous Peoples …
A Pipeline Story: The Evolving Autonomy Of Canadian Municipalities, Benoît Frate, David Robitaille
A Pipeline Story: The Evolving Autonomy Of Canadian Municipalities, Benoît Frate, David Robitaille
Journal of Law and Social Policy
Pipeline projects in Canada often polarize citizens and governments from coast to coast. While the approval of such projects may seem simple from a constitutional standpoint, recent events show that legal realities and complexities truly add some grit in the works of pipeline projects even if the federal government is constitutionally responsible for the ultimate approval or refusal of projects because of their interprovincial nature. In fact, the passage of a pipeline involves a number of other considerations and fields of law, such as the environment, land use planning, risk management, and human rights, which are within the jurisdiction of …
The Missing Constitutionalism Of Canada V Vavilov, Kate Glover Berger
The Missing Constitutionalism Of Canada V Vavilov, Kate Glover Berger
Journal of Law and Social Policy
This article argues that the Supreme Court of Canada’s recent opinion in Canada (Minister of Citizenship and Immigration) v Vavilov—the biggest administrative law case in a decade—pays insufficient attention to the constitutional dimensions of the case. Vavilov represents, therefore, a missed opportunity to engage deeply with issues of structural and administrative constitutionalism, issues that arise in countless public law cases, including in Toronto (City) v Ontario (Attorney General). This article argues that when Vavilov’s constitutional dimensions are brought to the surface, they reveal neglected possibilities in the Toronto (City) appeal and map some of the legal terrain …
Deference To Legislatures: The Case Of The 2018 Ontario Better Local Government Act, Nathalie Des Rosiers
Deference To Legislatures: The Case Of The 2018 Ontario Better Local Government Act, Nathalie Des Rosiers
Journal of Law and Social Policy
This article analyzes the legislative debates on Ontario’s Better Local Government Act, 2018 through the prism of the reasons why deference should be conferred on choices made by legislatures. It uses the works of British scholar Aileen Kavanagh and Canadian scholar Yasmin Dawood to define a nuanced model of deference focused on the manner in which legislatures have engaged with the problem of rights protection. It provides a six-point framework that summarizes current caselaw and integrates Dawood’s and Kavanagh’s insights. The framework suggests that deference is not warranted on the definition of rights, “manner and form” legislative prescriptions, or partisan …
Games Of Jurisdiction: How Local Governance Realities Challenge The “Creatures Of The Province” Doctrine, Mariana Valverde
Games Of Jurisdiction: How Local Governance Realities Challenge The “Creatures Of The Province” Doctrine, Mariana Valverde
Journal of Law and Social Policy
The question of local democracy has been revived politically and legally in Ontario in the wake of the provincial government’s sudden interference in the 2018 Toronto municipal election. This article contributes to the discussions on the legal status of local governments in a way that sheds light on the Ontario government’s relation with the City of Toronto, but that is not Toronto-specific or even specific to municipal corporations, which are only one of the many forms of actually existing local government bodies. This is done in three parts. The first is an argument in favour of bracketing black-letter constitutional law …
The Better Local Government Act Versus Municipal Democracy, Simon Archer, Erin Sobat
The Better Local Government Act Versus Municipal Democracy, Simon Archer, Erin Sobat
Journal of Law and Social Policy
No abstract provided.
Litigation Is “Just One Tool”: An Annotated Interview With Karin Baqi, Counsel For The End Immigration Detention Network In Brown V Canada, Kristen Lloyd
Journal of Law and Social Policy
The End Immigration Detention Network (EIDN) was formed as a coalition of migrant detainees, their family members, and allies, who organized to bring an end to indefinite immigration detention in Canada. In October 2016, EIDN was granted third party public interest standing in a constitutional challenge to Canada’s immigration detention regime. This granted an unprecedented legitimacy to EIDN, and to the rights and lives of immigration detainees, and should in itself be considered a victory. That said, it was a moment that would not have arrived without the three years of intensive political organizing that came before it. This article …
The Jail Accountability & Information Line: Early Reflections On Praxis, Souheil Benslimane, Sarah Speight, Justin Piché, Aaron Doyle
The Jail Accountability & Information Line: Early Reflections On Praxis, Souheil Benslimane, Sarah Speight, Justin Piché, Aaron Doyle
Journal of Law and Social Policy
Poor conditions of confinement and human rights violations have been commonplace at the Ottawa-Carleton Detention Centre (OCDC) since it opened in the early 1970s. Recently, the deplorable treatment of provincial prisoners at OCDC has been documented in reports by the Ontario Ombudsperson, the Ontario Human Rights Commission, the Independent Review of Ontario Corrections, the Community Advisory Board (established in 2014), the OCDC Task Force (established in 2016) and coronial inquests. Despite the avalanche of recommendations flowing from these reform-oriented interventions, pressing human rights issues persist at the facility—ranging from inedible food to inadequate health care that has contributed to preventable …
Out Of Sight, Out Of Mind: Bill C-83, Solitary Confinement, And Mental Health, Lydia Dobson
Out Of Sight, Out Of Mind: Bill C-83, Solitary Confinement, And Mental Health, Lydia Dobson
Journal of Law and Social Policy
This article investigates the recently passed Bill C-83, which aims to reduce harms caused by segregating people with mental health issues. In order to assess the capacity of the Bill to support meaningful change, the history of mental health institutions and correctional facilities in Ontario is first explored, followed by an analysis of recent cases on segregation and mental health in the province. Next, legislative oversight for federal prisons and provincial jails is described, followed by an overview of ongoing reforms. Here, a distinction between federal prisons and provincial jails is made in order to explore the different legislation governing …
No One Is Disposable: Towards Feminist Models Of Transformative Justice, Hannah Barrie
No One Is Disposable: Towards Feminist Models Of Transformative Justice, Hannah Barrie
Journal of Law and Social Policy
This article looks toward a future of prison abolition by arguing for feminist models of Transformative Justice (TJ), a strategy that responds to harm by aiming to transform the conditions that make violence possible. Autoethnographic reflections of the author’s experience volunteering with Circles of Support and Accountability (COSA), a TJ initiative based on friendship and accountability working to reintegrate people incarcerated for perpetrating sexualized violence back into communities, are combined with a critical analysis of the existing literature about TJ principles and initiatives. Insights from the author’s experience with COSA are examined for their potential use in a feminist TJ …
Detaining The Uncooperative Migrant, Siena Anstis, Molly Joeck
Detaining The Uncooperative Migrant, Siena Anstis, Molly Joeck
Journal of Law and Social Policy
A migrant held in a Canadian prison refuses to hand over a DNA sample to the Canadian Border Services Agency (CBSA). Another refuses to sign a statutory declaration of voluntary return to Somalia where his return is anything but voluntary. Others outright refuse at times to assist in any manner whatsoever with their own deportation. Canadian officials, judges, and adjudicators have treated all of these situations as instances of “non-cooperative” behaviour by an immigration detainee and, in turn, relied on such conduct to impose lengthy and indefinite periods of immigration detention. While the issue of an immigration detainee’s “non-cooperation” seems …
Intergenerational Imprisonment: Resistance And Resilience In Indigenous Communities, Linda Mussell
Intergenerational Imprisonment: Resistance And Resilience In Indigenous Communities, Linda Mussell
Journal of Law and Social Policy
The recent National Inquiry into Missing and Murdered Indigenous Women and Girls (the National Inquiry) identified “the ongoing criminalization of Indigenous women as … another iteration of residential schools or the Sixties Scoop.” Embracing these findings, this article aims to highlight the hidden and complex intergenerational and colonial nature of confinement for Indigenous Peoples in Canada. Inspired by a holistic approach used by certain Indigenous scholars, this article makes an argument for viewing imprisonment as a harmful colonial tool that has been used against Indigenous Peoples in different ways throughout colonial history. In other words, imprisonment in prisons follows in …
Thinking Broadly: This Volume As A Guide For Abolitionists, Adam Lee
Thinking Broadly: This Volume As A Guide For Abolitionists, Adam Lee
Journal of Law and Social Policy
No abstract provided.
Reflecting On Clinical Legal Education At The Indigenous Community Legal Clinic, Patricia Barkaskas, Melanie Alcorn, Ryan Adair, Kate Gotziaman, Jennifer Mackie, Madeleine Northcote, Victoria Wicks
Reflecting On Clinical Legal Education At The Indigenous Community Legal Clinic, Patricia Barkaskas, Melanie Alcorn, Ryan Adair, Kate Gotziaman, Jennifer Mackie, Madeleine Northcote, Victoria Wicks
Journal of Law and Social Policy
No abstract provided.
Clinical Legal Education On The Ground: A Conversation, Sarah Buhler, Chantelle Johnson, Nicholas Blenkinsop, Leif Jensen, Kim Pidskalny
Clinical Legal Education On The Ground: A Conversation, Sarah Buhler, Chantelle Johnson, Nicholas Blenkinsop, Leif Jensen, Kim Pidskalny
Journal of Law and Social Policy
No abstract provided.