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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
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Authored By: Professor Wissam Aoun, Associate Professor & Member of Windsor Law LTEC Lab and Caitlyn Massad, JD Candidate at Windsor Law1. INTRODUCTION Pharmascience Inc. v. Janssen Inc.[1] is scheduled to be heard by the Supreme Court of Canada (SCC) this coming October. In Pharmascience, the SCC will revisit the decades old prohibition against patenting of methods of medical treatment. The case revolves around a fact pattern common to several recent ‘skinny label’ cases. What one sees in ‘skin
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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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