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This qualitative study examines the complex interplay between the financial regulatory landscape and financial inclusion in a post-war jurisdiction. The global debates surrounding the deployment of financial inclusion initiatives virtually center on many legal and non-legal discourses, thereby making this a significant study. This study further identified specific thematic strands which highlight how financial inclusion is regulated and administered in a post-war jurisdiction by amplifying the lived experiences of individuals that are caught between the regulatory structure of financial inclusion. In particular, this doctoral research further examines how stakeholders engaged in financial inclusion have shaped the financial regulatory landscape. By applying a local level analysis of banking practices coupled with daily lived experiences, this research aimed to explore the strengths and limitations in the delivery of financial inclusion efforts. The study employed an interdisciplinary approach, which created narratives contextualized within the jurisdiction this study was conducted. This study seeks to present theoretical and legislative developments that uncover how banking law is interlaced in policy and cultural formation using financial inclusion as an illustrative vehicle. This study is further designed to showcase theoretical and legal influences, as well as a guide in navigating this legal research project by providing original contributions of the fieldwork conducted in a post-war jurisdiction.
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The legal profession throughout most of Canada enjoys the privilege of self-regulation and a (purported) monopoly over legal practice. In Ontario, the Law Society must regulate so as to facilitate access to justice and protect the public interest. Critics argue that self-regulation is anti-competitive it allows the profession to control the market for legal services, increasing the cost of services and restricting access to them and serves professional interests over the public interest. The Ontario government introduced paralegal regulation to enhance access to justice. Regulation would increase consumer choice and the competence and affordability of non-lawyer legal service providers. The Law Society agreed to regulate paralegals in the public interest. After decades of discord between lawyers and non-lawyers, paralegal regulation was implemented in 2006. Many were opposed to lawyers regulating competitors. For some, it was akin to having the fox watch over the chickens. It also confounded self-regulation the legal profession now regulating itself and others. Paralegals are licensed to provide legal services directly to the public independent of lawyers but they are regulated by lawyers. The Law Society has declared paralegal regulation a success and itself the right choice of regulator. This dissertation explores whether paralegal regulation has increased access to justice, as the government promised and Law Society claims. It examines the history of the legal profession and Law Society in Ontario and the events leading to paralegal regulation. Using both market control and the cultural history of the legal profession as theoretical underpinnings, and through the lens of access to justice, this dissertation analyzes the Law Societys exercise of regulatory authority over paralegals and undertakes empirical research of paralegal representatives at the Workplace Safety and Insurance Appeals Tribunal. This dissertation concludes that paralegal regulation has done little to increase access to justice and that self-regulation and the Law Societys manner of regulating are barriers to increased access to justice.
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Negotiating Feminism traces the reflection of the feminist “sex wars” in contemporary debates about campus sexual violence reform in Canada and the United States – what Emily Bazelon has called the “return of the sex wars” on college and university campuses. Negotiating Feminism focuses on one issue in the return of the sex wars – the role of interests-based, consensual dispute resolution processes, including mediation and restorative justice, in changing the conditions that foster campus sexual violence on the ground. The political polarization of the return of the sex wars has prevented some colleges and universities from engaging with policy models that challenge the primacy of campus adjudication and other rights-based options. Complainants of campus sexual violence should be empowered to access any form of dispute resolution under law, whether rights-based or interests-based, that accords with their personal conception of justice. Empowering complainants in this way does not mean that colleges and universities should be willfully blind to the reality of substantive inequality that campus adjudication is intended to address. Yet acknowledging this reality should not require colleges and universities to essentialize about the nature of women’s injury or overdetermine the role of gendered power imbalances in producing the content of women’s interests in resolving their complaints otherwise. Feminist law and policymakers should negotiate between these competing imperatives and come together by instituting what Negotiating Feminism calls the “plural process” model of campus sexual violence reform. The plural process model recognizes that both rights-based and interests-based options can promote substantive equality for women and other historically marginalized groups – and it seeks to bring about that change.
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Author / Editor
- Daniel Del Gobbo (1)
- Lisa Trabucco (1)
- Shanthi E. Senthe (1)