Law Commons^™

Everybody To Count For One? Inclusion And Exclusion In Welfare-Consequentialist Public Policy, Noel Semple

Law Publications

Which individuals should count in a welfare-consequentialist analysis of public policy? Some answers to this question are parochial, and others are more inclusive. The most inclusive possible answer is 'everybody to count for one.' In other words, all individuals who are capable of having welfare - including foreigners, the unborn, and non-human animals - should be weighed equally. This article argues that 'who should count' is a question that requires a two-level answer. On the first level, a specification of welfare-consequentialism serves as an ethical ideal, a claim about the attributes that the ideal policy would have. 'Everybody to count …

Locating And Situating Justice Pal: Twail, International Criminal Tribunals, And Judicial Powers, Sujith Xavier

Law Publications

This paper brings forward Justice Pal's dissenting opinion at the Tokyo Tribunal to add to Third World Approaches to International Law (TWAIL) literature on international criminal law and the rules of evidence and procedure. It is part of a TWAIL effort to scrutinize the everyday practices of international prosecutions through procedural and evidentiary rules. By locating and situating Justice Pal's reasoning within the broader academic literature on dissents in international criminal law, it is possible to illustrate how and why Justice Pal's views were obscured as a relevant dissent. From this vantage point, this paper pursues Justice Pal's legacy as …

Indigenous Legal Orders In Canada - A Literature Review (Updated To August 2022), Michael Coyle

Law Publications

This is a literature review of publications concerning Indigenous legal orders in Canada, funded by a SSHRC knowledge synthesis grant. This is an update to my 2017 report of the same name.

The suppression of Indigenous legal orders was an integral part of the colonial project to assimilate Indigenous peoples, a project exemplified by Canada’s now notorious experiment with Indian Residential Schools. Long marginalized by the Canadian state, the importance of Aboriginal peoples’ own legal systems has recently been recognized by the Supreme Court of Canada, by academics (including prominent Indigenous scholars) and the Truth and Reconciliation Commission, who all …

Bankruptcy And Insolvency As An Expanding Field: An Historical Analysis Of Reference Re Debt Adjustment Act, 1937 (Alta.), Virginia Torrie, Thomas G. W. Telfer

Law Publications

The drought of the early 1920s and the economic collapse of the 1930s caused unprecedented problems for farmers in Alberta. Low prices and poor markets caused farmers to become overindebted. Parliament’s response to the situation was the Farmers’ Creditors Arrangement Act, 1934 (“FCAA”), which was intended to create an alternative mechanism to bankruptcy through which farmers could negotiate debt compromises with their creditors. Parliament viewed the situation as a temporary issue, and the FCAA reflected this assumption. In contrast, the prairie provinces sought long-term debt adjustment legislation for farmers and other debtors affected by the Great Depression. In Alberta, two …

Examen Du Service D’Accompagnement Du Tribunal De La Sécurité Sociale : Accès À La Justice Administrative Pour Les Communautés Marginalisées, Laverne Jacobs, Sule Tomkinson

Law Publications

Ce rapport présente les constatations, l'analyse et les recommandations d'une étude menée sur le service d’accompagnement du Tribunal fédéral de la sécurité sociale (service d’accompagnement du TSS). Le service d’accompagnement du TSS a été créé en 2019, pour veiller à la bonne information des appelants sans représentation professionnelle ainsi qu’à leur participation sereine aux audiences. L'étude examine l'utilisation du service d’accompagnement pour le Régime de pensions du Canada – Invalidité (RPC – Invalidité) entendue par la Division générale de la sécurité du revenu du Tribunal de la sécurité sociale du Canada.

Cette recherche porte sur l'accès à la justice administrative …

Examining The Social Security Tribunal’S Navigator Service: Access To Administrative Justice For Marginalized Communities, Laverne Jacobs, Sule Tomkinson

Law Publications

An accessible MS Word version of this document is available for download at the bottom of this screen under "Additional files."

This report provides the findings, analysis and recommendations of a research study conducted on the federal Social Security Tribunal’s Navigator Service (SST Navigator Service). The SST Navigator Service was established in 2019 for tribunal users without a professional representative. The study examines the use of the Navigator Service for Canada Pension Plan–Disability (CPP–Disability) appeals heard by the Income Security - General Division of the Social Security Tribunal.

This research study focuses on access to administrative justice on the …

A Modern Copyright Framework For Artificial Intelligence: Ip Scholars' Joint Submission To The Canadian Government Consultation, Pascale Chapdelaine, Carys J. Craig, Bita Amani, Sara Bannerman, Céline Castets-Renard, Lucie Guibault, Gregory R. Hagen, Cameron J. Hutchison, Ariel Katz, Alexandra Mogyoros, Graham J. Reynolds, Anthony D. Rosborough, Teresa Scassa, Myra Tawfik

Law Publications

In response to the Canadian government consultation process on the modernization of the copyright framework launched in the summer 2021, we hereby present our analysis and recommendations concerning the interaction between copyright and artificial intelligence (AI). The recommendations herein reflect the shared opinion of the intellectual property scholars who are signatories to this brief. They are informed by many combined decades of study, teaching, and practice in Canadian and international intellectual property law.

In what follows, we explain:
- The importance of approaching the questions raised in the consultation with a firm commitment to maintaining the appropriate balance of rights …