Law

Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online.

Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system.

Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.

Published in English.

Years of surveillance-related leaks from US whistleblower Edward Snowden have fueled an international debate on privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions.

With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time. From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective.

Published in English.

Sport Policy in Canada provides the first and most comprehensive analysis of the new Canadian Sport Policy adopted in 2012. In light of this new policy, the authors, top scholars in the field, provide detailed accounts of the most salient sport policies and programs, while also discussing issues and challenges facing policy makers. In Canada and around the world, the last decades have known a sharp increase in state intervention and public funding in pursuit of medals on the international stage and in support of a more active lifestyle.

Governments at all levels have made substantial investments in hope of hosting major sporting events to benefit from the economic impact and gain international prestige. The study of sport policies, often neglected in the past, is becoming an increasingly important research topic. Sport Policy in Canada seeks to fill this void by offering the most comprehensive analysis of sport policy since Macintosh, Bedecki, and Franks' Sport Policy in Canada (1987).

Published in English.

Canadians are deeply worried about wait times for health care.

Entrepreneurial doctors and private clinics are bringing Charter challenges to existing laws restrictive of a two-tier system. They argue that Canada is an outlier among developed countries in limiting options to jump the queue.

This book explores whether a two-tier model is a solution. In Is Two-Tier Health Care the Future?, leading researchers explore the public and private mix in Canada, Australia, Germany, France, and Ireland. They explain the history and complexity of interactions between public and private funding of health care and the many regulations and policies found in different countries used to both inhibit and sometimes to encourage two-tier care, such as tax breaks.

This edited collection provides critical evidence on the different approaches to regulating two-tier care across different countries and what could work in Canada.

Published in English.

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts.

Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

Published in English.

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges.

Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

Published in English.

What does it mean to be a citizen in Canada in a digital context? What are the implications of this digital setting for citizens and policy making? Scholars, activists, and policy makers examine, in Citizenship in a Connected Canada: A Research and Policy Agenda, what a connected society means for Canada.

This interdisciplinary edited collection brings together scholars, activists, and policy makers to build consensus around what a connected society means for Canada. The collection offers insight on the state of citizenship in a digital context in Canada and proposes a research and policy agenda for the way forward.

Part I examines the current landscape of digital civic participation and highlights some of the missing voices required to ensure an inclusive digital society. Part II explores the relationship between citizens and their political and democratic institutions, from government service delivery to academic and citizen engagement in policy making. Part III addresses key legal frameworks that need to be discussed and redesigned to allow for the building and strengthening of an inclusive society and democratic institutions.

This is a foundational resource for policy makers, students, and researchers interested in understanding citizenship in a digital context in Canada.

What does it mean to be a citizen in Canada in a digital context? What are the implications of this digital setting for citizens and policy making? Scholars, activists, and policy makers examine, in Citizenship in a Connected Canada: A Research and Policy Agenda, what a connected society means for Canada.

This interdisciplinary edited collection brings together scholars, activists, and policy makers to build consensus around what a connected society means for Canada. The collection offers insight on the state of citizenship in a digital context in Canada and proposes a research and policy agenda for the way forward.

Part I examines the current landscape of digital civic participation and highlights some of the missing voices required to ensure an inclusive digital society. Part II explores the relationship between citizens and their political and democratic institutions, from government service delivery to academic and citizen engagement in policy making. Part III addresses key legal frameworks that need to be discussed and redesigned to allow for the building and strengthening of an inclusive society and democratic institutions.

This is a foundational resource for policy makers, students, and researchers interested in understanding citizenship in a digital context in Canada.

Unique in both scope and perspective, Calling for Change investigates the status of women within the Canadian legal profession ten years after the first national report on the subject was published by the Canadian Bar Association.

Elizabeth Sheehy and Sheila McIntyre bring together essays that investigate a wide range of topics, from the status of women in law schools, the practising bar, and on the bench, to women's grassroots engagement with law and with female lawyers from the frontlines. Contributors not only reflect critically on the gains, losses, and barriers to change of the past decade, but also provide blueprints for political action. Academics, community activists, practitioners, law students, women litigants, and law society benchers and staff explore how egalitarian change is occurring and/or being impeded in their particular contexts.

Each of these unique voices offers lessons from their individual, collective, and institutional efforts to confront and counter the interrelated forms of systemic inequality that compromise women's access to education and employment equity within legal institutions and, ultimately, to equal justice in Canada.

Published in English.

This collection of essays explores the often antagonistic relationship between women and political life in Canada.

While women make up little over half of the total population in Canada, they are in many ways conspicuous by their absence from the Canadian political scene.

Published in English.

How will governments and courts manoeuvre within the boundaries of protected civil liberties in this new era of hacktivism? This monograph discusses moral and legal issues of ethical hacking and reviews analytics and trends. How will governments and courts protect civil liberties in this new era of hacktivism? Ethical Hacking discusses the attendant moral and legal issues.

The first part of the 21st century will likely go down in history as the era when ethical hackers opened governments and the line of transparency moved by force. One need only read the motto “we open governments” on the Twitter page for Wikileaks to gain a sense of the sea change that has occurred. Ethical hacking is the non-violent use of a technology in pursuit of a cause—political or otherwise—which is often legally and morally ambiguous.

Hacktivists believe in two general but spirited principles: respect for human rights and fundamental freedoms, including freedom of expression and personal privacy; and the responsibility of government to be open, transparent and fully accountable to the public. How courts and governments will deal with hacking attempts which operate in a grey zone of the law and where different ethical views collide remains to be seen. What is undisputed is that Ethical Hacking presents a fundamental discussion of key societal questions. A fundamental discussion of key societal questions.

Published in English.

Critical Conversations in Canadian Public Law is a groundbreaking open-access collection of peer-reviewed essays showcasing interdisciplinary thinking on topical public law issues at the forefront of the evolving relationship between state and society.

In Canada, this relationship is undergoing a period of significant reinvention, as evidenced, for example, by the movements for reconciliation, decolonization and Indigenization, the calls to recognize and remedy systemic racism in institutions including police forces, and the recent extension of human rights protections to prohibit discrimination based on gender identity or expression.

These examples reveal that we are experiencing a moment where claims that challenge the normative foundations of the discipline of public law are being made in real time; claims about citizenship, rights, and access to resources and benefits; claims about what substantive and procedural fairness look like, and for whom; claims about the obligations and limits of the state to proactively address both historical and current injustices; and challenges to the underlying assumptions about the state itself.

Critical Conversations in Canadian Public Law highlights the intersections of critical perspectives–including intersectional approaches to decolonial and Indigenous legal theory, Indigenous constitutionalisms, critical race theory, feminisms, queer theory and critical disability theory–and public law topics, broadly defined.

This collection bridges the divide between traditional, largely liberal, public law scholarship and critical perspectives by centring critical theories as not only relevant, but imperative, to robust, fully contextualized understandings of contemporary public law challenges.

Critical Conversations in Canadian Public Law is a groundbreaking open-access collection of peer-reviewed essays showcasing interdisciplinary thinking on topical public law issues at the forefront of the evolving relationship between state and society.

In Canada, this relationship is undergoing a period of significant reinvention, as evidenced, for example, by the movements for reconciliation, decolonization and Indigenization, the calls to recognize and remedy systemic racism in institutions including police forces, and the recent extension of human rights protections to prohibit discrimination based on gender identity or expression.

These examples reveal that we are experiencing a moment where claims that challenge the normative foundations of the discipline of public law are being made in real time; claims about citizenship, rights, and access to resources and benefits; claims about what substantive and procedural fairness look like, and for whom; claims about the obligations and limits of the state to proactively address both historical and current injustices; and challenges to the underlying assumptions about the state itself.

Critical Conversations in Canadian Public Law highlights the intersections of critical perspectives–including intersectional approaches to decolonial and Indigenous legal theory, Indigenous constitutionalisms, critical race theory, feminisms, queer theory and critical disability theory–and public law topics, broadly defined.

This collection bridges the divide between traditional, largely liberal, public law scholarship and critical perspectives by centring critical theories as not only relevant, but imperative, to robust, fully contextualized understandings of contemporary public law challenges.

Readers will be able to gain a deeper understanding of how different approaches to harm reduction can create a stronger foundation for more effective policies and legislation. Scholars from law and social sciences collaborate with frontline organizations as well as with individuals with lived experience to reflect diverse perspectives, and transform how society addresses substance-related challenges.

Each chapter provides unique findings, drawing from examples of harm reduction strategies implemented for opioids, cannabis, and tobacco in Canada and beyond. While harm reduction has been a central aspect of the legal and policy responses to all three substances, its application has varied significantly.

First, Do Less Harm explores how the ongoing opioid crisis emphasizes the pressing need for safe consumption sites and life-saving tools like naloxone. Case studies on Canada’s legalization of cannabis highlight both the benefits and challenges of providing legal and regulated access to a drug. The volume further examines the evolving landscape of tobacco regulations where recent innovations such as vaping offer less harmful alternatives, yet raise significant concerns about youth uptake and public health.

Designed for policymakers, health professionals, academics, and anyone interested in creating safer communities, this collection not only presents thought-provoking ideas but also provides inspiration to take action.

Readers will be able to gain a deeper understanding of how different approaches to harm reduction can create a stronger foundation for more effective policies and legislation. Scholars from law and social sciences collaborate with frontline organizations as well as with individuals with lived experience to reflect diverse perspectives, and transform how society addresses substance-related challenges.

Each chapter provides unique findings, drawing from examples of harm reduction strategies implemented for opioids, cannabis, and tobacco in Canada and beyond. While harm reduction has been a central aspect of the legal and policy responses to all three substances, its application has varied significantly.

First, Do Less Harm explores how the ongoing opioid crisis emphasizes the pressing need for safe consumption sites and life-saving tools like naloxone. Case studies on Canada’s legalization of cannabis highlight both the benefits and challenges of providing legal and regulated access to a drug. The volume further examines the evolving landscape of tobacco regulations where recent innovations such as vaping offer less harmful alternatives, yet raise significant concerns about youth uptake and public health.

Designed for policymakers, health professionals, academics, and anyone interested in creating safer communities, this collection not only presents thought-provoking ideas but also provides inspiration to take action.

Artificial Intelligence’s Impact on Legal Journals provides an overview of the opportunities and challenges presented by the use of artificial intelligence (AI) and its impact on legal journals, including the Ottawa Law Review (OLR).

Throughout the publication lifecycle of a given piece, AI tools may play a pivotal role in enhancing the editorial and publishing processes. Similarly, authors submitting to legal journals may also leverage AI tools for purposes that range from improving readability to generating content.

While the potential benefits are significant, the use of such tools raises various issues pertaining to the accuracy and quality of publications, as well as broader ethical and legal issues.

Journals have responded to these opportunities and challenges at different speeds and in different ways. Some journals in non-legal disciplines have developed extensive AI policies, while the majority of legal journals appear to be falling behind in this regard.

This book contains several recommendations that will empower the OLR to embrace the transformative potential of AI responsibly while maintaining its commitment to safeguarding privacy, intellectual property, and scholarly rigour.

Central to this endeavour is the adoption of three AI policies: one covering the use of generative AI and AI-assisted technologies in submissions, another addressing AI usage in the peer review process, and a final one relating to the editorial team.

This book ultimately aspires to ensure the OLR upholds its reputation as a reliable contributor to legal scholarship by guiding the organization through this new technological revolution.

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.

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and 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 value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are climate change; armed conflicts; the COVID-19 pandemic; economic changes to work; technological shifts including those relating to the internet and artificial intelligence, and their role in society; and 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, changes, and crises, what is the future of IP law and policy? Featuring contributions from scholars from across Canada and around the world, this collection offers insights into eighteen possible futures for the global IP system.

Collectively, these chapters re-envision international agreements; rethink Canadian IP law; argue for the creation of space for Indigenous legal traditions; highlight the promises and perils of technology as it relates to IP; expose inequities and injustices, and provide possible pathways to correct them.

The past few decades have been witness to a number of important developments with respect to the global intellectual property (IP) system, including shifts in focus between multilateralism and 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 value of many IP rights; and important theoretical interventions that have challenged the values underlying the global IP system.

These developments have occurred alongside several other events, changes, and crises that have altered the landscape of our global communities. Chief among them are climate change; armed conflicts; the COVID-19 pandemic; economic changes to work; technological shifts including those relating to the internet and artificial intelligence, and their role in society; and 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, changes, and crises, what is the future of IP law and policy? Featuring contributions from scholars from across Canada and around the world, this collection offers insights into eighteen possible futures for the global IP system.

Collectively, these chapters re-envision international agreements; rethink Canadian IP law; argue for the creation of space for Indigenous legal traditions; highlight the promises and perils of technology as it relates to IP; expose inequities and injustices, and provide possible pathways to correct them.

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.