Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 15 of 15
Full-Text Articles in Law
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.
Accle Past, Present, And Future: Reflections From Accle’S Board Presidents, Martha Simmons, Doug Ferguson, Lisa Cirillo, Gemma Smyth
Accle Past, Present, And Future: Reflections From Accle’S Board Presidents, Martha Simmons, Doug Ferguson, Lisa Cirillo, Gemma Smyth
Journal of Law and Social Policy
No abstract provided.
Accle And Bill C-75: Implications For Student Legal Clinics & Communities In Canada, Jillian Rogin, Gemma Smyth, Johanna Dennie
Accle And Bill C-75: Implications For Student Legal Clinics & Communities In Canada, Jillian Rogin, Gemma Smyth, Johanna Dennie
Journal of Law and Social Policy
No abstract provided.
Confronting Accessibility In Clinical Legal Education: Human Rights Law And The Accommodation Of Law Students With Disabilities In External Placements, Roxanne Mykitiuk, C. Tess Sheldon
Confronting Accessibility In Clinical Legal Education: Human Rights Law And The Accommodation Of Law Students With Disabilities In External Placements, Roxanne Mykitiuk, C. Tess Sheldon
Journal of Law and Social Policy
Canadian law students with disabilities confront barriers in applying to and working in clinical placements. The article is motivated by practical questions about the scope of the duty to accommodate law students with disabilities in clinical education placements. It offers a legal analysis of the human rights accommodation framework in relation to clinical legal education placements. It also proposes criteria for a policy governing the accessibility of clinical legal placements.
Home, Precarious Home: A Year Of Housing Law Advocacy At A Saskatoon Legal Clinic, Sarah Buhler, Catriona Kaiser-Derrick
Home, Precarious Home: A Year Of Housing Law Advocacy At A Saskatoon Legal Clinic, Sarah Buhler, Catriona Kaiser-Derrick
Journal of Law and Social Policy
This article discusses the impacts of housing law advocacy by clinical law students at Community Legal Assistance Services for Saskatoon Inner City (CLASSIC) through an analysis of CLASSIC’s 2017 closed housing law files. Our analysis shows that law student advocacy at the Office of Residential Tenancies (Saskatchewan’s housing law tribunal) is often associated with decisions in favour of tenants. This is consistent with studies that show that full legal representation is associated with improved litigation outcomes for clients. But our analysis also demonstrates the numerous limits to individual advocacy in housing law contexts. Our study contributes to the literature about …
A Snapshot Of The Law In The Streets: Reflections Of A Former Parkdale Academic Director, Sean Rehaag
A Snapshot Of The Law In The Streets: Reflections Of A Former Parkdale Academic Director, Sean Rehaag
Journal of Law and Social Policy
In this reflective essay, an Osgoode Hall Law School professor and former Academic Director at Parkdale Community Legal Services attempts to model the sort of critical self-reflection expected of law students enrolled in the Intensive Program in Poverty Law at PCLS. The essay does so by drawing lessons from a brief interaction that the author observed in the streets of the community served by PCLS and from the author’s responses to that interaction. The essay aims to highlight the value of reflection in experiential education pedagogies, in community lawyering practices, and in learning about law in context.
Just Clinics: A Humble Manifesto, Sarah Marsden
Just Clinics: A Humble Manifesto, Sarah Marsden
Journal of Law and Social Policy
Student legal clinics are poised at the intersection of the crisis in the availability of legal services and pressure on law schools to produce practice-ready graduates. In a neoliberal policy environment, which emphasizes market-based outcomes, commodifies services, and obscures the structural roots of inequality, it is tempting to measure the work of student legal clinics in terms of their efficiency in providing services to large numbers of clients. In this article, I argue that law school clinics should instead be recognized as sites of justice, moving beyond the construct of “numbers served.” Using the idea of “access to actual justice” …