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Supporters of the recently enacted bubble zone by-law in Toronto argue that the law is necessary to protect individuals, who are entering and leaving places such as synagogues and religious schools, from harassment and intimidation by protestors. While very little was said in these debates about the protection of “captive audiences” from speech they find objectionable, this concern is, I think, implicit in the claim that the speech of protestors, and more particularly pro-Palestinian protestors, is harmful.
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On the anniversary of the Nakba, Asians in Canada must reaffirm solidarity with Palestinian brethren
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A decade after the Toronto G20 summit, two mass class actions brought against the Toronto Police Service (TPS) by people caught up in kettles and/or imprisoned at a temporary detention center have been settled. After a detour to the Supreme Court of Canada – the TPS unsuccessfully attempted to have the lawsuits dismissed – a settlement which includes $16.5 million in financial compensation, expungement of arrest records, and “a public police acknowledgement regarding the mass arrests and the conditions in which protesters were detained” has been reached. The settlement still needs to be approved by Ontario’s superior court in October 2020, but there is no doubt that it is a victory – a rare example of police being held at least somewhat accountable in the aftermath of social movement repression. Beyond the TPS’s “acknowledging” of their misdeeds, however, it is worth thinking through the potential impact of this settlement – and especially the specifics of the TPS’s “commitment to detailed changes regarding policing of future public demonstrations” – on street protest and broader organizing in Toronto.
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Until recently, parties to a contract did not owe any obligations of good faith towards each other in Canadian common law jurisdictions. There was no obligation of good faith in the negotiation process, none in the performance of contractual obligations, and only limited such obligations in contract termination.[1] There was, for example, no obligation not […]
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Each year, over 100,000 Ontarians seek justice from Tribunals Ontario. This group of people —the size of a small city— includes tenants, landlords, motor vehicle accident victims seeking insurance benefits, people denied disability benefits, and those who believe that their fundamental human rights have been infringed. This group of 100,000 is significantly larger than the […]
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National Newswatch: Canada's most comprehensive site for political news and views.
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Beyond the immediate compromised situation into which Canada stumbled over arms sales, Canada should also have been able to play a more constructive role in the security dynamics in the region over the last decades.
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Moving people into community will protect health, free up valuable resources, and reduce overcrowding for those who remain inside institutions—all part of preventing the spread of COVID-19
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By: Joshua Sealy-Harrington PDF Version: (Dis)Proving Racism: A Rebuttal to Klippenstein’s Critical Review of the Law Society of Ontario’s Report on Challenges Facing Racialized Licensees Document …
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By: Joshua Sealy-Harrington PDF Version: Confusing Equality with Tyranny: Repealing the Statement of Principles Matter Commented on: Law Society of Ontario Statement of Principles Tomorrow, the Law…
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By: Joshua Sealy-Harrington and David Rennie PDF Version: Making Sense of Aboriginal and Racialized Sentencing Cases Commented On: R v Laboucane, 2016 ABCA 176 (CanLII); R v Kreko, 2016 ONCA 367 (C…
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By: Joshua Sealy-Harrington and Marita Zouravlioff PDF Version: Trinity Western Decision Fails to Clarify Approach to Balancing Conflicting Charter Rights Case Commented On: Trinity Western Univers…
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In R v DLW, 2016 SCC 22 the Supreme Court of Canada split on whether the criminal offence of bestiality requires “penetration.” The majority judgment held that bestiality requires penetration and, on that basis, held that a dog licking a vagina is not bestiality. In contrast, the dissenting judgment held that bestiality does not require penetration and, accordingly, held that a dog licking a vagina is bestiality. In this post, we first summarize the factual and legislative background in DLW and the reasons of the majority and dissenting judgments. Second, we critique the majority judgment for: (1) its unpersuasive reliance on judicial deference; and (2) its overstated claim that “buggery” (the precursor to bestiality) had a clear meaning. Lastly, we critique both the majority and dissenting judgments for their reliance on: (1) imprecise sexual terms which fail to bring clarity to bestiality law; and (2) an unimaginative privileging of cisgender, procreative heterosexuality that perpetuates harmfully conservative understandings of human sexuality.
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By: Joshua Sealy-Harrington and Joe McGrade PDF Version: Good Kid, M.A.D.D. City: Seeking Proportionality in Drunk Driving Sentencing Cases Commented On: R v Lacasse, 2015 SCC 64; R v Sargent, 2016…
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By: Joshua Sealy-Harrington PDF Version: Mastery or Misogyny? The Ghomeshi Judgment and Sexual Assault Reform Case Commented On: R v Ghomeshi, 2016 ONCJ 155 On March 24, 2016, Justice Horkins of th…
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By: Joshua Sealy-Harrington and Tara Russell PDF Version: Parks and Tribulation: Chartering the Territory of Homeless Camping Rights Case Commented On: Abbotsford (City) v Shantz, 2015 BCSC 1909 In…
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By: Joshua Sealy-Harrington and Ashton Menuz PDF Version: Keep It To Yourself: The Private Use Exception for Child Pornography Offences Case Commented On: R v Barabash, 2015 SCC 29 Last month, the …
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By: Joshua-Sealy Harrington PDF Version: Can the Homeless Find Shelter in the Courts? Case Commented On: Tanudjaja v Canada (Attorney General), 2014 ONCA 852 Late in 2014, the Ontario Court of Appe…
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