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Ontario’s two income support social assistance programs disentitle beneficiaries if they enter into spousal relationships with people with more resources than them. By undertaking a survey of the jurisprudence of the Social Benefits Tribunal, the article presents the two main ways in which poor people’s choices about their family lives are constrained through the operation of Ontario’s social assistance regime. The article elucidates how social assistance law, policy and adjudication act as a form of family law for poor people using welfare, and how the constraints it imposes interfere with the autonomy of society’s poorest.
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Two very general ideas have shaped my thinking about constitutional law. The first is that most of the rights in the Charter protect or advance different aspects of our relationship or connection with others. We are social beings. Who we are – our identity, our agency – is shaped by our interactions with others. Rights such as freedom of expression, religious freedom, and the right to equality, do not simply protect individual autonomy, but instead protect different aspects of human flourishing within community. The second theme is narrower and more legal and has to do with what we can expect from the courts in the protection of rights or the advancement of the public good. Courts are adjudicative bodies. Their role is to interpret and apply the law – existing law - to the cases that come before them. Because courts are insulated from political pressure, they are well suited to the role of adjudicator – to resolving disputes based on the law. At the same time, because they are independent in this way, courts are poorly suited to the task of general policymaking, or the redistribution of resources. In my writing I have explored both these themes, and the tension between them. In this lecture, I will discuss three Charter rights – freedom of expression, the right to equality, and religious freedom – to illustrate what I mean by the social character of rights and the tension between this understanding of rights and the structure of constitutional adjudication.
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"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
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(2025) 6 TWAIL Review 188–221ISSN 2563-6693Published under a Creative Commons licence. Artificial intelligence (AI) systems are increasingly promoted as having magical properties, evoking illusory…
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