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The amendments to the Indian Act over the past forty-four years have done very little to assist First Nations women and their children in their fight to reclaim their identity and their connections to their ancestry. The Act, originally enacted in 1876, has had a few amendments since that time. In 1982, the Constitution Act of Canada was legislated and with it came the Charter of Rights and Freedoms so the federal government was designated to remove any discrimination in all of its legislation. This included the Indian Act. The amendments following were in 1985, commonly referred to as Bill C-31 as well as C-3 in 2011 and S-3 in 2017. These amendments have resulted in many heated and disturbing conflicts amongst First Nations people, including First Nations women and their children who have been directly affected by the sexually discriminating sections of the Act. This chapter provides a historical overview of the Act, its origins and its inherent racist and sexist policies. As well it discusses those amendments affecting First Nations women and her descendants, specifically the registration and membership provisions that continue to discriminate against First Nations Women and her descendants who are both male and female.

This article examines the use of Facebook’s Libra as a substitute for fiat money. It considers Libra’s prospects for success in light of the fact that it purports to substitute trust in a technology for the traditional legal supports that bolster public trust in traditional fiat currencies. The legal doctrines that support fiat currencies do so for the purposes of recognizing the economic functions that money performs and are also meant to support public policies that promote monetary stability, protect consumers and help to enforce anti money laundering statutes. It is argued that Libra will result in unintended challenges for monetary authorities that will subject the world financial system to greater consumer transaction risks, increase systemic risks, and make it more difficult to combat money laundering efforts. The ultimate question is whether the public can place its trust in Facebook and its partners to manage a global currency, or is that trust better placed in the hands of central banks?

Remedies: Cases and Materials, 8th Edition is a comprehensive casebook that covers recent developments in both the law of damages assessment and the granting of equitable remedies. This publication examines all areas of remedies law in Canada, including damages, injunctions, specific performance, and equitable relief. Coming into its eighth edition, Remedies has become a reliable resource, providing updated case reports alongside detailed academic commentary. This edition was written by leading authorities on remedies, each of whom offer their expertise in specific areas. It also reviews recent Supreme Court of Canada cases and outlines how these decisions impact the law of remedies in Canada.

Volume 51, Issue 1

This study analyses interviews with frontline service workers employed in agencies in Windsor, Ontario, Canada who work with persons without immigration status. Through these interviews, frontline service workers provided insights into their work with persons without status, including the significant barriers to effective service provision requiring 'covert practices' as part of their work. The interview subjects ultimately conclude that an access without fear (AWF) policy would indeed bolster their efforts to work with persons without status, buttressing claims that an AWF policy can be a useful tool to support the basic needs of persons without status. However, the interviews also raise questions about how the law is understood by frontline service workers and the very real potential that AWF might be yet another unmet promise. Underlying these interviews were also questions of trust and relationship-building that re-emphasise both the need and limitations of policy.

Using Palestine as its case study, this chapter posits that judicial trustworthiness represents an important ameliorating factor for transitional justice to take hold and that judicial education constitutes an ameliorating factor that can nurture judicial trustworthiness. Distinguishing trust, distrust and trustworthiness, we explain the importance of judicial institutional trustworthiness as an ameliorating factor. Drawing on literature that identifies institutional trustworthiness as a function of three features: ability, integrity and benevolence, we then explore how the Karamah model of judicial education helped build judicial institutional trustworthiness. Karamah was developed in Palestine and adopted dignity as its overarching theme. Working with an interdisciplinary and international team through Karamah, Palestinian judges invoked dignity as a legal principle, a statement of shared political values and an aspect of their professional identity. In the process, they articulated a framework for thinking about the ability, integrity and benevolence of the Palestinian judiciary. Finally, we chronicle the ways in which the Karamah model of judicial education impacted the judiciary and the judiciary system in Palestine. We end with a note of caution: if rule of law programming, judicial reform and judicial education are substituted for transitional justice measures, conflicts can become even more intractable.

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 closely at algorithmic personalized pricing through prevailing and conflicting norms of supplier freedom, competition, market efficiency, innovation, as well as equality, fairness, privacy, autonomy, and transparency, raises important concerns about certain forms of algorithmic personalized pricing. This article provides parameters to delineate when algorithmic personalized pricing should be banned as a form of unfair commercial practice. This ban would address the substantive issues that algorithmic personalized pricing raises. Resorting to mandatory disclosure requirements of algorithmic personalized pricing would address some of the concerns at a procedural level only, and for this reason is not the preferred regulatory approach. As such, our judgment on the (un)acceptability of algorithmic personalized pricing as a commercial practice is a litmus test for how we should regulate the indiscriminate extraction and use of consumer personal data in the future.

Our purpose in creating the TWAIL Review is to provide a space for critical scholars, mainly from the global South and their allies oriented to the South, to participate in the project of international law, to produce knowledge creatively through interdisciplinarity, and to push our discipline towards becoming more just, more radical, and more responsive to the collective challenges we face.