Law Commons^™

The Annotated Accessible Canada Act - Excerpt, Laverne Jacobs, Martin Anderson, Rachel Rohr, Tom Perry

Law Publications

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

The Act to ensure a barrier-free Canada, S.C. 2019, c. 10, which is commonly known as the Accessible Canada Act (ACA) came into force on July 11, 2019. It is Canada’s first piece of federal legislation focusing on accessibility for persons with disabilities.

As a piece of federal legislation, the ACA regulates accessibility for those sectors of the economy that fall under federal jurisdiction pursuant to s. 91 of the Constitution Act, 1867. This includes …

The State Giveth And Taketh Away: Public Sector Labour Law, The Legitimacy Of The Legislative Override Power And Constitutional Freedom Of Association In Canada, Claire Mumme

Law Publications

This article investigates the role of courts and legislatures in the design and enforcement of labour laws in the context of public sector employment. It does so by focusing on government employers’ legislative ability to temporarily override public sector labour rights, or to displace outcomes achieved under their processes. This issue is analysed through a case study of Canada, a country which offers constitutional protections for freedom of association, but which is also constructing a highly deferential approach to the constitutional review of override statutes. As a result of this deference, governments have been afforded significant leeway in the use …

Algorithmic Personalized Pricing, Pascale Chapdelaine

Law Publications

Price is an essential term at the heart of supplier-consumer transactions and relationships increasingly taking place in “micro-marketplace chambers,” where points of comparison with similar relevant products may be difficult to discern and time-consuming to make. This article critically reviews recent legal and economic academic literature, policy reports on algorithmic personalized pricing (i.e. setting prices according to consumers’ personal characteristics to target their willingness to pay), as well as recent developments in privacy regulation, competition law, and policy discourse, to derive the guiding norms that should inform the regulation of this practice, predominantly from a consumer protection perspective. Looking more …

Welfare-Consequentialism: A Vaccine For Populism?, Noel Semple

Law Publications

This article is about two ideologies. Welfare-consequentialism holds that government should adopt the policies that can rationally be expected to maximise aggregate welfare. Populism holds that society is divided into a pure people and a corrupt elite, and asserts that public policy should express the general will of the people. The responses of world governments to the coronavirus pandemic have clearly illustrated the contrast between these ideologies, and the danger that populist government poses to human wellbeing. The article argues that welfare-consequentialism offers a vaccine for populism. First, it rebuts populism’s claims about who government is for and what it …

Access Without Fear: A Report On The Implications Of An Awf Policy In Windsor, Ontario For Frontline Service Workers, Gemma Smyth, Rawan Hussein, Erli Bogdani, Zara Mercer, Taiwo Onabolu, Mbonisi Zikhali

Law Publications

This report is aimed at people working in, directing or otherwise administering services to persons without status. It summarises the barriers and challenges that frontline service workers reported when attempting to support persons without status as well as recommendations gleaned from interviews. While fundamental change to immigration policy would be required to fully respond to the needs of persons without status, the researchers took a “harm reduction” approach, focusing on what agencies and policy makers might do to improve services without a restrictive legal paradigm. In sum, we found strong support from frontline service workers for an AWF policy. While …

How To Increase Migrant Resilience In Canada: What The Legal System Can Do To Help, Po Kwan Tara Chan

Major Papers

Immigration is important to Canada. Migrants replenish our declining population, help drive our economy, and contribute to our labour market. By 2036, almost half of the Canadian population will be either first-generation or second-generation immigrants. While the migrant experience varies, it is recognized to be deeply challenging. Among these barriers is often the need to engage with the complex legal system during and after the settlement process.

This paper uses the literature to better understand the benefits of migrants in Canada, concept of resilience, benefits of diversity in the workplace, and how law firms can leverage diversity to perform better. …

Between Evidence And Facts: An Argumentative Perspective Of Legal Evidence, Wenjing Du, Minghui Xiong

OSSA Conference Archive

In this paper, we will present an argumentative view of legal evidence. In an argumentation-based litigation game, the only purpose of the suitor (S) or the respondent (R) is to maximize their own legal rights while the purpose of the trier (T) is to maintain judicial fairness and justice. Different selections of evidence and different orders of presenting evidence will lead to different case-facts and even adjudicative results, the purpose of litigation is to reconcile a balance among the three parties - S, R, and T.

Commentary: Scientific Evidence - From A "Deferent" To A "Novice" Judge: Comments On Zoppellari's Paper, Marko Novak

OSSA Conference Archive

No abstract provided.

The Acquisition Of Scientific Evidence Between Frye And Daubert. From Ad Hominem Arguments To Cross-Examination Among Experts, Lorenzo Zoppellari

OSSA Conference Archive

The Frye and Daubert rulings give us two very different ways to intend the relation between law and science. Through the contributions of Wellman and Walton, we will see how the main method to question the expert’s testimony before a judge deferent to science is to question her personal integrity by using ad hominem arguments. Otherwise, using Alvin Goldman’s novice/expert problem, we will investigate if other manners of argumentative cross-examinations are possible.

“Identity-Based” And “Diversity-Based” Evidence Between Linear And Fractal Rationality, Maurizio Manzin

OSSA Conference Archive

I identify two types of evidence: one based on “linear” rationality (LR) and the other based on “fractal” rationality (FR). For LR, evidence depends only on systematic coherence, and all other sources of knowledge (intuitive, perceptive, symbolic, poetic, moral, etc.) are marginalized. For FR, evidence requires an approach more adherent to the “irregularities” of life. LR philosophically entails a Neoplatonist and Cartesian account on identity, whereas FR entails Plato’s account on identity and diversity as coessential.

Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu

OSSA Conference Archive

In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from Dworkin’s ‘rights …

Legal Process Outsourcing: Analyzing And Managing The Prospective "Make Or Buy" Decision By Ontario Law Firms, Brandon Keshen

Major Papers

This paper examines the costs, risks and benefits associated with law firms outsourcing some of their core business activities to legal process outsourcers (“LPOs”). Similar to other outsourcing operations, LPOs supply services for a fraction of the cost of what law firms charge for similar services. Common in manufacturing industries, the decision to outsource, or keep work in-house (also referred to as a “make or buy” decision), has become more prevalent in the area of business services, including client service industries such as consulting and financial management. With respect to legal services, recent and rapid changes to the legal profession, …

E-Cigarette Consumption In North American Schools, Abdul Hakim Merhi

Major Papers

E-Cigarette use has grown at an unprecedented rate in North America. Studies are being conducted to understand the social and health-related implications of this phenomenon. Teenagers are at the center of the discussion when e-cigarette consumption is researched and examined. Understanding the rate of growth and consumption relative to school settings is important to understanding this phenomenon.

A knowledge synthesis is provided to direct the following questions: (1) Where are teenagers consuming e-cigarettes? And why? (2) What are some current North American policies that address smoking and vaping in schools? (3) Why is the consumption of e-cigarettes school property problematic …

Tracking The Trends Of The Self-Represented Litigant Phenomenon: Data From The National Self-Represented Litigants Project, 2018/2019, Kaila Scarrow, Brandon Fragomeni, Julie Macfarlane

National Self Represented Litigants Project

From 2011-2013, Dr. Julie Macfarlane studied experiences of self-representation in Canada in three provinces: Ontario, British Columbia, and Alberta. She conducted detailed personal interviews and/or focus group interviews with 259 self-represented litigants (SRLs). After the publication of Dr. Macfarlane’s initial report in 2013, SRLs continued to contact the National Self-Represented Litigants Project (NSRLP). This led the research team to develop an “Intake Form” using SurveyMonkey, in order to continue to collect information from SRLs across Canada. While the data collected from the replies to the Intake Form is less detailed than the original study interviews, the questionnaire tracks SRL demographics …

Healthcare Avoidance Due To Anticipated Discrimination Among Transgender People: A Call To Create Trans-Affirmative Environments, Luisa Kcomt, Kevin M. Gorey, Betty Jo Barrett, Sean Esteban Mccabe

Social Work Publications

Transgender people encounter interpersonal and structural barriers to healthcare access that contribute to their postponement or avoidance of healthcare, which can lead to poor physical and mental health outcomes. Using the 2015 U.S. Transgender Survey, this study examined avoidance of healthcare due to anticipated discrimination among transgender adults aged 25 to 64 (N ¼ 19,157). Multivariable logistic regression analysis was conducted to test whether gender identity/expression, socio-demographic, and transgender-specific factors were associated with healthcare avoidance. Almost one-quarter of the sample (22.8%) avoided healthcare due to anticipated discrimination. Transgender men had increased odds of healthcare avoidance (AOR ¼ 1.32, 95% CI …

International Law Influences, Patricia Galvao-Ferreira

Law Publications

This chapter examines the various ways in which IEL has shaped the design and application of Canadian domestic environmental law. It first provides an overview of the importance and the evolution of the international law responses to current and emerging environmental challenges before reviewing concrete cases in which Canadian environmental norms and principles can be directly linked to IEL. Finally, it reviews how Canadian courts are engaging with international law principles.