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This chapter explores the promise of refuge encompassed within the Canadian domestic and international refugee regime. While relying on my own lived experience as a survivor of war fleeing to what is now known as Canada, I contrast the promises of

To understand common law contract doctrinal research methodology, one must first understand how contract doctrine came into existence and its enduring relevance. Historically, the common law was derived from judgments that focused upon proof of particularized facts and their fit to established writs. Contract doctrine emerged as a product of the Industrial Revolution's transformation of commercial and labor practices, the creation of new forms of property, and the new economic and social theories that shaped political discourse. In this chapter, the rise of common law contract doctrine is first described, and its enduring relevance to today's common law is articulated. This lays the foundation for an exploration into research methodology through three distinct examples: the incremental development by the Supreme Court of Canada of a doctrine of good faith performance in contract law; the interaction between legislature and courts in modifying contract doctrine concerning liability for innocent misrepresentations; and the place of party autonomy in correcting aberrant court decisions that are not in keeping with commercial realities. Through these examples, this chapter demonstrates how the common law navigates between the Scylla of certainty and the Charybdis of flexibility to keep common law contract doctrine relevant, but within what common law courts are constitutionally and legitimately able to do.

Richard Moon, Howard Kislowicz, Asha Kaushal, 2022 CanLIIDocs 1392

The impact of drones on women's privacy has garnered sensational media attention, headlining stories about drones spying on sunbathing women and girls, or being used to stalk or harass women in public spaces. Despite this popular attention, questions about how the drone might differentially enhance or undermine privacy have received relatively little academic and regulatory reflection. This chapter examines how drone technology can be especially apt to impact women's privacy. Furthermore, examining some of the differential impacts of the technology helps to reveal broader inequities that can go unattended when technology is regulated without considering social context. Drone regulators cannot continue to treat the technology as though it is value-neutral, impacting all individuals in the same manner. The social context in which drone technology is used must inform both drone-specific regulations, and privacy law more generally.

As the world rapidly urbanizes, cities are expanding to provide space for growing populations. The predominant growth pattern for the last several decades - continued outward expansion, or “urban sprawl” - is helping to lock in carbon expenditure for generations. By contrast, and perhaps counterintuitively, densification of cities can contribute both to CO2 emissions reductions and biodiversity protection. This chapter argues that environmental law should go beyond addressing negative externalities of activities within the city, to engage with the built form of the city. Legal and land use planning tools such as greenbelts and planning/zoning reform, and practices such as city building, placemaking, and nature-based urban solutions provide avenues for building cities in a way that promises climate mitigation and biodiversity protection in their very structure.

Assessment is the practice of documenting, evaluating, and measuring students’ learning or achievement. Assessments can be formative (that is, occurring throughout a course) or summative (occurring at the culmination of a course). Legal education, and therefore assessment practices, are influenced by many factors including the regulation of higher education, socioeconomic conditions, colonialism, corruption, privatisation, and other local conditions. Assessment methods in legal education tend to be summative, typically focusing on legal knowledge, and often occur in the form of a formal written or oral examination. Assessment is often norm-referenced rather than criterion-referenced. Over the past several decades, teaching methods in law have diversified significantly and new forms of assessment have been introduced. AI, globalisation, online education, economic conditions, and other phenomenon will undoubtedly impact the role and types of assessment in legal education.

As the personalization of e-commerce transactions continues to intensify, the law and policy implications of algorithmic personalized pricing (APP) should be top of mind for regulators. Price is often the single most important term of consumer transactions. APP is a form of online discriminatory pricing practice whereby suppliers set prices based on consumers’ personal information with the objective of getting as close as possible to their maximum willingness to pay. As such, APP raises issues of competition, privacy, personal data protection, contract, consumer protection, and anti-discrimination law.This book chapter looks at the legality of APP from a Canadian perspective in competition, commercial consumer law, and personal data protection law.

The skill set required of lawyers is evolving, and the ability to creatively and expeditiously resolve client concerns through effective negotiation is increasingly important. In this chapter, we argue that negotiation competitions are an excellent method to nurture the knowledge, skills, attitudes, judgment, and values—or competencies—that are vital to law students’ success in legal practice. Such competencies include knowing key negotiation concepts; managing information and process; communicating and relationship-building; advocating for client interests in a problem-solving environment; being aware of and managing one’s own biases; internalizing ethical decision-making in negotiation, and engaging in reflective practice. These competencies are not the focus of certain other kinds of law student competitions, such as appellate and trial moots, which are designed to sharpen legal analysis and rights-based advocacy in an adversarial model. The Canadian National Negotiation Competition (CNNC) departs from that model. It gives law students the opportunity to engage in negotiations like those that lawyers experience in practice and to receive feedback from experts, in either English or French streams. It also invites students to wrestle with complex scenarios that feature both business and broader social policy tensions and objectives. In this chapter, the authors recount their experience with developing, running and growing the CNNC for nine years and highlight some of the key pedagogical lessons learned.

"The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, which defined broadly encompasses the network of international and regional treaties, constitutional documents, national laws, court decisions, and local practices that make up the substantive and procedural body of IP law worldwide. These developments include the movement away from multilateralism towards bilateralism/regionalism; growing recognition of the various ways in which IP intersects with and impacts areas including human rights, development, trade, and social justice; broad acknowledgement of the economic worth of many IP rights; and important theoretical interventions that have challenged the principles and values underlying the global IP system, including through critical IP theory and the theory of new constitutionalism. These developments have occurred alongside a number of other events, changes, and crises that have changed the landscape of our global communities. Chief among them are climate change; armed conflicts; the COVID-19 pandemic; economic changes to work; and technological shifts including those relating to the internet and artificial intelligence, and their role in society. These economic, environmental, and technological changes have occurred alongside a growing recognition of the inequities that exist within and between societies as well as the ways in which these inequities are reinforced and maintained through systemic discrimination and ongoing colonialism. Given these developments, events, changes, and crises, what is the future of the global IP system? To what extent will the enactment of new treaties (or the reform or implementation of existing treaties) shape IP law over the coming years? What role, if any, will constitutional documents (including bills of rights) play in the context of the global IP system? Will today’s transformations lead to substantive reform of areas of IP law including copyright, trademark, and patents, and if so, which reforms will be given priority? What principles and values will animate the global IP system moving forward? This book is grounded in the belief that there are many possible futures for the global IP system. Countless pathways lay ahead of us, that can be followed or pursued, leading to a multiplicity of outcomes. These futures can materialize in many different ways. Social movements can reach into and through IP to effect change and to embed new values and perspectives. An idea can emerge (sometimes in multiple places at the same time) and, through the hard work of individuals and collectives, both change the way in which individuals perceive a body of law and reshape the law itself. Technological change can create a set of futures that otherwise might not have been available or even imagined."-- Provided by publisher

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.

"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

This chapter is about the distance between law and justice, particularly for people labelled with intellectual disabilities. It calls for a disability-inclusive approach to understanding access to justice that shifts from a procedural justice paradigm to one that considers substantive conceptions of disability justice. The chapter also examines the critical perspectives of disability rights and disability justice, highlighting the gaps between idealized notions of rights and everyday experiences of rights violations. The chapter proposes that procedural reforms, alone, are insufficient and distract from the need for transformative change. In particular, the chapter discusses clear language judgments as a strategy to improve the comprehensibility of legal information. While clear language judgments have been praised, there are concerns that they may oversimplify complex legal concepts and fail to address underlying biases and injustices. This chapter warns against uncritical adoption and calls for broader transformative change toward collective liberation and elimination of disability injustice.

This chapter considers the distinctive nature of clinical legal education in North America. Both the USA and Canada have rich heritages of influential and inspirational clinical legal education. Clinicians from the USA have been leaders in the development of clinical pedagogy and scholarship. The scale and strength of US CLE means that clinical faculty are better embedded in their law schools than in other countries. Canadian clinical programs developed in the 1970s and forged distinctive connections to community legal aid agencies. The future trajectory of Canadian clinics is unclear with changes afoot for legal education and the regulation of the legal profession.

In a global era marked by surging racial nationalism and penal populism , anti-racist and decolonial research, education, and training has been under increasing threat in academia across the world. Popular use of the universalizing language of liberal internationalism as the dominant frame in discussing these developments leaves gaps in our understanding as to what areas of academic freedom are under the greatest threat, why they are under threat, what levers of sanction and discipline are used to suppress certain areas, and for what ends. Such a frame risks contributing to overly abstracted conceptualizations of academic freedom (and unfreedom) that are unmoored from the realities of how power operates in educational institutions and attendant maldistributions of who can in fact claim and be protected by academic freedom and who cannot.In this article, I put into conversation three very different jurisdictional contexts where nationalist backlash to, and suppression of, anti-racist and decolonial education and scholarship is occurring. Specifically, it examines American anti-Critical Race Theory (CRT) campaigns, Chinese suppression of scholarship critical of its ongoing colonial suppression of non-Han native peoples in the Xinjiang Uyghur Autonomous Region (XUAR), and Israeli suppression of scholarship critical of its ongoing occupation of Palestinian territories through the case study of the ‘Spiro scandal’ at the University of Toronto (UofT) Faculty of Law. No good politics of academic freedom can emerge without centering an analysis of broader societal power and subordination. This is particularly true in the areas of national security and anti-racism, which form both distinct grounds for legal and political intervention in academic freedom. A national security threat engages certain types of legal grounds, particularly domestically (e.g. carceral responses to perceived counterterrorism, separatism, and extremism threats) while anti-racism justifies other types of intervention (e.g. civil rights complaints, removing of curriculum, firings, cutting funding) and can operate powerfully on a transnational level as well. I highlight three common elements in a transnational blueprint that can be observed in the creation, justification, and operation of selective nationalist attacks on academic freedom in anti-racist and decolonial education. My highlighting of these common elements are not meant to suggest any sort of equivalence between their operation, historical context, and/or relative severity, but rather to advance our collective understanding of the distributive nature of academic freedom politics and its relationship to power, race, and colonialism. Unpacking these campaigns transnationally complicates and unsettles the dichotomy between authoritarian and liberal populist censorship, giving us a more nuanced foundation by which to protect academic freedom and knowledge production in the service of racial justice and collective liberation.

Drawing on elements of the Haudenosaunee Confederacy as a case study, this chapter on Indigenous international law interrogates the widely held and long-standing premise that international law is the sole purview of Europe. This chapter contends European-centred international law arose out of Europe, for European-based legal systems—namely common and civil legal traditions, now practised in many countries beyond Europe, such as Canada. Indigenous international law, conversely, continues to be engaged with today by many Indigenous nations around the world, arose from Indigenous world views. The chapter also examines some of the ways in which Indigenous international laws continue today in spite of colonial disruption.