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Tribunals constitute a vitally important part of Canada’s justice system, but their place in the Canadian state is fragile and their essential function is misunderstood. This article explains the need for pro-functional tribunal law, which would position tribunals to consistently deliver on their potential. Differentiating tribunals dedicated to resolving legal disputes from non-tribunal agencies that do other work is the key. Differentiation would advance goals related to specialization, the separation of powers, and democracy in Canada. It would allow tribunals to escape the taint of partiality to government. It would also set the stage for a professionalization and depoliticization of tribunal appointment practices, securing tribunals and their users from the type of dysfunction that has recently plagued Ontario’s tribunals. The final Part of the paper argues that the Canada’s legislatures, rather than its appellate courts, are the most promising venue for the adoption of pro-functional tribunal law.

The Comprehensive Guide to Legal Research, Writing & Analysis, 4th Edition offers an in-depth, comprehensive, and up-to-date resource to help readers develop the practical competencies required by the Federation of Law Societies of Canada. The text provides coverage on provincial, territorial, and federal research tools and processes. It places a keen emphasis on applying research techniques in both academic and professional settings. The text is designed to help readers build key skills, such as analyzing issues and facts, researching legal statutes and cases from various levels of court, creating and maintaining research plans, developing legal arguments, and transitioning their legal writing skills from classroom to courtroom. The newest edition also features a brand new chapter dedicated to Indigenous legal research, written by the Indigenous Law Research Unit at the University of Victoria.

This lesson demonstrates how to use nanDECK to design and publish your own deck of printed or digital playing cards, and use them to test a group's knowledge of historical events through a _Timeline_-like game mechanic. This lesson will also highlight best practices for handling digitized historical objects.

Beverly Jacobs Discusses Work Experience and Interest in Indigenous Justice, Politics, Amnesty International, and the Stolen Sisters Report; Beverly Jacobs Discusses the Influence of Her Work for the Amnesty International; Beverly Jacobs Discusses Her Time as the President of the Native Women's Association of Canada; Beverly Jacobs Discusses Current Work Projects; Beverly Jacobs Characterizes Indigenous Justice; Beverly Jacobs Discusses How Canada Can Better Serve Indigenous Peoples and Key Takeaways for Indigenous Justice; Beverly Jacobs Shares Advice for Researching Indigenous Justice

The innovation that is associated with developing a digital currency has provided for a unique opportunity to reconsider how consumers can access payment mechanisms and conduct retail banking following the emergence of new fintech technologies. As such, this is a prescient time for policy makers to reconsider financial reform efforts to leverage new technological developments as a means of making the payments system more efficient. This paper considers some of the challenges facing Central Banks as they attempt to navigate these pressing challenges. In particular, the paper will assess the relative prospects for success for some of the more popular CBDC proposals and identify potential avenues for Central Banks to improve the efficiency of their retail payment systems. Part One will examine some of the more prominent proposals that utilize a combination of increasing access to financial services through a digitization of conventional bank notes to be supplied either directly as accounts operated by Central Banks, or through conventional intermediaries that utilize the payment rails to be established by a Central Bank to provide access to their customers to digital banknote equivalents. Part Two will consider how these present efforts can be enhanced by re-examining the roles that Central Banks play in enhancing economic efficiency. Attention will be paid to recent advances pioneered in fintech in order to reimagine the role played by Central Banks in facilitating the circulation of money and credit throughout the economy. Part Three will address some of the criticisms of the existing CBDC proposals and will offer thoughts on how to mitigate some of the risks involved including the incorporation of a national identity and credit reporting feature into CBDC models as a method of reducing transactions costs.

SDG 9 - ‘fostering innovation’ - commits governments to actions to incentivize and support scientific research, the development of new technologies, and innovative entrepreneurship. The ‘adequate, balanced and effective’ protection of intellectual property (IP) is a key element in supporting attainment of this and related SDGs, even though IP is not specifically mentioned in SDG 9. In this chapter, we study the Canadian approach to innovation through the country’s national and provincial innovation and IP strategies. These initiatives generally support the goals of SDG 9, but they do not specifically address the systemic barriers that exist for women inventors and entrepreneurs. Different policy mechanisms are required to achieve gender equity and an inclusive IP and innovation environment. These strategies must fully account for women’s lived experiences and must actively dismantle the structural impediments that prevent these inventors and entrepreneurs from fully participating in the IP system.

Price is often the single most important term in consumer transactions. As the personalization of e-commerce continues to intensify, the law and policy implications of algorithmic personalized pricing i.e., to set prices based on consumers’ personal data with the objective of getting as closely as possible to their maximum willingness to pay (APP), should be top of mind for regulators. This article looks at the legality of APP from a personal data protection law perspective, by first presenting the general legal framework applicable to this commercial practice under competition and consumer law. There is value in analysing the legality of APP through how these bodies of law interact with one and the other. This article questions the legality of APP under personal data protection law, by its inability to effectively meet the substantive requirements of valid consent and reasonable purpose. Findings of illegality of APP under personal data protection law may in turn further inform the lawfulness of APP under competition and consumer law.

Fathima Cader & Sujith Xavier discuss conceptualisations and practices of solidarity in response to genocidal violence against Tamils and Palestinians.

For decades, various levels of Canadian governments have gone all-in on facilitating the building of suburban, car-centric neighbourhoods while limiting the potential of urban living

Welfarism is the idea that government should always try to make individuals' lives go better, for them, than they otherwise would, overall. The goal of this paper is to demonstrate welfarism's compatibility with, and potential to support, the ambitions of person-centered justice. Welfarism is a normative theory applicable to public policy generally, but one which has distinct consequences in the realm of law and legal systems. They are considered just to the extent that they generate the best possible expected welfare consequences for all of the individuals who are affected by them. Welfarism is radically person-centred because it requires lawmakers to treat each individual affected by their work as a distinct locus of value, including those who have been subordinated or ignored.

"The aim of this work is to provide a current book-length treatment of International Humanitarian Law (IHL), or the Law of Armed Conflict as it is sometimes known, from a Canadian perspective. Canada’s approach to war has shaped the way in which it interprets and implements international humanitarian law, or the law of armed conflict as it is also called. This handbook provides a useful “first stop” for the Canadian legal community on key topics in international humanitarian law, in a way which pays particular attention to Canadian sources, interpretations, applications and practices where they exist and are publicly available. At the same time, given the iterative nature of the development of international law, especially customary international law, the book will also be useful to practitioners and scholars internationally. Indeed, despite the paucity of publicly available material, Canada has been a regular actor in this area of law and its contributions to the development of international humanitarian law should be highlighted."-- Provided by publisher

The constantly developing norm of access to justice is moving to occupy a central place in the administrative justice system, prompting a need to rethink the values that should serve to animate the system. This article offers a framework for the administrative justice system in Canada, one that firmly and explicitly entrenches the value of access to administrative justice within it. It reflects on the requirements to achieve access for a significant population of its users – namely, equality-deserving communities. The author looks at the historical reasons why access to justice has been a concern for equality-deserving communities, and introduces the concept of social equity from the discipline of public administration as a tool to assist in addressing some of the structural and systemic access-to-administrative-justice challenges experienced. The author rearticulates the foundational values of administrative law in Canada to incorporate access to administrative justice as a distinct value, one that engages with access-to-justice barriers relating to structural and systemic inequality. In doing so, she details five core principles that underpin the new value of access to administrative justice and cites examples of recent tribunal reform projects in Canada that illustrate promising innovations in that direction. Finally, the author describes briefly the ways in which institutional design and tribunal culture can contribute to enhancing the value of access to administrative justice within the broad, on-the-ground context of different administrative actors. Overall, this article presents an analysis of the dynamic interaction between marginalized populations and the administrative state in order to move forward judicial and other contemporary discussions about access to administrative justice and how it should be defined.

"Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution--only four decades old--produced so many surprises? Canada's Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and--looking ahead--anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action."-- Provided by publisher

"Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution--only four decades old--produced so many surprises? Canada's Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and--looking ahead--anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action."-- Provided by publisher