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Police are reanimating years-old injunctions to threaten activists, casting a chill over protests and free speech

"Cybersecurity is often examined through the lens of national security and organizational risks, focusing on data breaches and the technical and legal measures to prevent, address, and mitigate them. However, another critical dimension is the impact on individual security and dignity. This edited collection explores the legal and technical aspects of self-security, addressing issues such as technology-facilitated abuse, social media, the sharing culture, and reputational harm. With a distinct Canadian focus, it examines how the country’s policies, laws, and practices shape cybersecurity and individual protection. By providing insights into safeguarding personal security in a rapidly evolving digital landscape, this collection serves as a valuable resource for researchers, policymakers, and individuals alike."-- Provided by publisher

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

Some cryptocurrency advocates are promoting the use of stablecoins as a common currency, arguing that this new currency could help the cost-of-living crisis and promote economic equality – particularly for young people. Law professor, money expert and SCP Fellow Dan Rohde is not convinced that crypto can help address economic inequality. In this explainer, he breaks down what stablecoins are and aren’t, and how to think critically about their promises.

This article explores the relationship between legal ethics and restorative justice. It is commonly observed that there exists a "decline" in professionalism among Canadian lawyers today. One of the persistent concerns is that legal ethics rules and the "standard conception" of professional role morality that underpins them, the neutral partisan, fail to strike the correct balance between client interests and the public interest. Building on this idea, this article argues that the legal profession should be reoriented around restorative justice as the moral foundation of a more progressive approach to legal ethics and professional responsibility. It translates concepts from restorative justice into ethical terms, grounding ideas about interdependence, community involvement, and public accountability into a list of restorative principles that can be readily applied by lawyers, firms, and other kinds of law practices. The article concludes by recommending a series of lawyering practices and professional regulatory measures that are consistent with taking a restorative principles-based approach. Ultimately, the article shows that restorative justice offers more than an alternative path for lawyers in criminal law settings. It constitutes a distinct set of obligations that, once implemented as legal ethics, has the potential to raise the moral consciousness of lawyers, facilitate collaboration within communities and across systems, and redefine the role of lawyers in the administration of justice, transforming conditions of law and society in a more equitable direction.

The introductory chapter to Critical Conversations in Canadian Public Law situates the book "in the midst of some of the most significant social, economic, and political struggles of the past decade", from the COVID-19 pandemic to the Gaza genocide. The introduction describes how the book "seeks to reflect and ignite critical conversations about the centrality of public law and its institutions, broadly defined and deeply contested, to the (re)production of current inequities." It outlines two ways in which the collection is "critical": first, the critical legal methods employed by the contributors (e.g., acknowledging law's political operation, understanding law's relationship with power, and looking beyond descriptive accounts of law to consider its materiality and normativity); and second, "in terms of the importance, urgency, and necessity of deepening our understandings of the relationship between public law and contemporary inequities." Finally, the introduction identifies "five cascading themes reflected across the chapters in this collection—and across our varied experiences with the law—that are pivotal to the law's consistent mobilization to reify extant power disparities in society [...] exceptionalism, capitalism, segmentation, incrementalism, and formalism."

Critical Conversations in Canadian Public Law is a groundbreaking. open-access collection of peer-reviewed chapters exploring pressing issues at the intersection of public law and critical theory. Contributors examine claims about citizenship, rights. and the role of the state in addressing historic and ongoing injustices. The collection foregrounds critical perspectives such as Indigenous legal orders. critical race theory, feminisms. queer theory, and disability theory, offering an interdisciplinary and contextual understanding of public law. By bridging traditional l egal scholarship and critical approaches. Critical Conversations in Canadian Public Law reimagines public law as a discipline responsive to the diverse realities and urgent demands shaping Canada's legal and social landscape today.

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.

The Bank of Canada is an independent Crown corporation that sees its primary responsibility to be promoting Canada’s economic welfare by maintaining low and stable inflation. When it was first created in 1934, however, the Bank was a radically different institution—a privately owned corporation primarily meant to anchor Canada’s economy globally and manage foreign exchange. Not only was the Bank not tasked with managing inflation, but key policymakers behind its founding thought doing so would be a severe mistake. This article offers the first legal history of the Bank’s founding. It maps the enormous public debate that accompanied the creation of the Bank and the various, often contradictory visions expressed for it. The article labels these five visions: a Bankers’ Bank, a Government Bank, an Imperial Bank, an Economists’ Bank, and a Bank of the People. The article then looks at the original legal design of the Bank and argues that it largely fit the Imperial Bank model. Charting this history helps us better understand this vital organ of Canadian government, and has the potential to upset many of our accepted, contemporary notions of central banking.

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

This submission, made to the Canadian Competition Bureau's public consultation on algorithmic pricing, focuses on algorithmic personalized pricing (APP): the use of algorithms to set individualized prices based on consumers’ maximum willingness to pay. The authors argue APP represents a transformative shift in market dynamics. They analyze APP’s potential to facilitate first-degree price discrimination, and contend that the pursuit of this goal by firms, even if not fully achieved, raises significant concerns for consumer welfare, market transparency, and the normative foundations of competition law. The authors examine how well potential strategies used by firms to implement APP (collusion/coordinated competitor conduct, abuse of dominance, and deceptive marketing practices) are likely to fit within the ambit of Canada's Competition Act, particularly as recent amendments made important changes to the applicable legal frameworks. Noting that the precise ambit of the amended Act is not yet fixed, the authors argue that responding effectively to APP will require both creative interpretations of the new rules, and refined enforcement strategies and tools as competition law is adapted to a world where the incidence of algorithmic coordination and data-driven market distortions continues to increase, and with it, the erosion of consumer surplus. The submission concludes by advocating for public education, tailored enforcement guidance, and the development of consumer-side AI tools to counterbalance APP’s adverse effects on consumers and the proper functioning of competitive markets.

This chapter provides an overview of equality rights under s. 15 of the Canadian Charter of Rights and Freedoms, including notes and questions to guide reflection on trends and tensions in the jurisprudence. First, the chapter excerpts the text of s. 15 and notes that s. 28 is an additional—though underutilized—equality provision in the Charter. Second, the chapter considers key concepts underlying s. 15, including equality, discrimination, and the justification of infringement under s. 1, with reference to the Court's first s. 15 decision in Andrews. Third, the chapter explores adverse effects discrimination, with excerpts from distinct settings of social hierarchy analyzed by the Court, "e.g., disability (Eldridge), sexuality (Vriend), gender (Fraser), and race/Indigeneity (Sharma)." Fourth, the chapter discusses analogous grounds of discrimination and the Court's leading decision on such grounds (Corbiere). Lastly, the chapter outlines affirmative action under s. 15(2) of the Charter, with reference to the Court's leading decision in Kapp.

This chapter provides an overview of equality rights under s. 15 of the Canadian Charter of Rights and Freedoms, including notes and questions to guide reflection on trends and tensions in the jurisprudence. First, the chapter excerpts the text of s. 15 and notes that s. 28 is an additional—though underutilized—equality provision in the Charter. Second, the chapter considers key concepts underlying s. 15, including equality, discrimination, and the justification of infringement under s. 1, with reference to the Court's first s. 15 decision in Andrews. Third, the chapter explores adverse effects discrimination, with excerpts from distinct settings of social hierarchy analyzed by the Court, "e.g., disability (Eldridge), sexuality (Vriend), gender (Fraser), and race/Indigeneity (Sharma)." Fourth, the chapter discusses analogous grounds of discrimination and the Court's leading decision on such grounds (Corbiere). Lastly, the chapter outlines affirmative action under s. 15(2) of the Charter, with reference to the Court's leading decision in Kapp.

Annette Demers, Yemisi Dina, Gian Medves, 2025 CanLIIDocs 1745

Authored By: Pascale Chapdelaine (Ph.D, LLB)Dr. Pascale Chapdelaine is an Associate Professor at the Faculty of Law, University of Windsor. Thank you to the organizers and participants at the Festschrift Workshop held on December 15, 2023 at the Faculty of Law of the K.U. Leuven in honour of Dr. Geertrui Van Overwalle coinciding with her celebration as emeritus professor. In particular thank you to Esther Van Zimmeren, Amandine Léonard and Arina Gorbatyuk for inviting me to contribute to this Li