{"title":"The Class Actions Controversy: The Origins and Development of the Ontario Class Proceedings Act by Suzanne Chiodo","authors":"Michael Kennedy","doi":"10.60082/2817-5069.3745","DOIUrl":"https://doi.org/10.60082/2817-5069.3745","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2022-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43434787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Human Rights-Based Approach to Carbon Finance by Damilola S. Olawuyi","authors":"Christie McLeod","doi":"10.60082/2817-5069.3719","DOIUrl":"https://doi.org/10.60082/2817-5069.3719","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41610580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Radical Hope: A Teaching Manifesto by Kevin M. Gannon","authors":"Fenner L. Stewart","doi":"10.60082/2817-5069.3717","DOIUrl":"https://doi.org/10.60082/2817-5069.3717","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41866390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Section 24(2) in the Trial Courts: An Empirical Analysis of the Legal and Non-legal Determinants of Excluding Unconstitutionally Obtained Evidence in Canada","authors":"S. Penney, Moin A. Yahya","doi":"10.60082/2817-5069.3711","DOIUrl":"https://doi.org/10.60082/2817-5069.3711","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48220390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Canada received an early and important education in smart cities but has been slow to distill the lessons to be learned from it. The challenge lies in conducting an objective post-mortem of the collapse of Sidewalk Toronto, a joint venture between Alphabet subsidiary Sidewalk Labs and tri-level government entity Waterfront Toronto. The latter was originally established in 2001 to develop a site south of the Gardiner Expressway in Toronto. The site, known as Quayside, had languished in development hell for decades. Originally purposed as part of a possible bid by Toronto for the 2008 Summer Olympics, the site had continued to languish after the collapse of that bid. When Sidewalk Labs showed an interest in the site as a banner project for smart cities, Waterfront Toronto barely concealed its excitement (and eagerness to bypass regulatory hurdles) by entering a hastily conceived joint venture with the Alphabet affiliate. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss3/6
{"title":"Smart Cities in Canada: Digital Dreams, Corporate Designs edited by Mariana Valverde and Alexandra Flynn","authors":"Matt Malone","doi":"10.60082/2817-5069.3716","DOIUrl":"https://doi.org/10.60082/2817-5069.3716","url":null,"abstract":"Canada received an early and important education in smart cities but has been slow to distill the lessons to be learned from it. The challenge lies in conducting an objective post-mortem of the collapse of Sidewalk Toronto, a joint venture between Alphabet subsidiary Sidewalk Labs and tri-level government entity Waterfront Toronto. The latter was originally established in 2001 to develop a site south of the Gardiner Expressway in Toronto. The site, known as Quayside, had languished in development hell for decades. Originally purposed as part of a possible bid by Toronto for the 2008 Summer Olympics, the site had continued to languish after the collapse of that bid. When Sidewalk Labs showed an interest in the site as a banner project for smart cities, Waterfront Toronto barely concealed its excitement (and eagerness to bypass regulatory hurdles) by entering a hastily conceived joint venture with the Alphabet affiliate. Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. This book review is available in Osgoode Hall Law Journal: https://digitalcommons.osgoode.yorku.ca/ohlj/vol58/ iss3/6","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49506620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Frontline Justice: The Evolution and Reform of Summary Trials in the Canadian Armed Forces by Pascal Lévesque","authors":"David Galvin Heppenstall","doi":"10.60082/2817-5069.3718","DOIUrl":"https://doi.org/10.60082/2817-5069.3718","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43969980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A History of Law in Canada, Volume One: Beginnings to 1866 by Philip Girard, Jim Phillips & R. Blake Brown","authors":"S. Gavigan","doi":"10.60082/2817-5069.3715","DOIUrl":"https://doi.org/10.60082/2817-5069.3715","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43734644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Positive Charter Rights: When Can We Open the “Door?”","authors":"Michael Da Silva","doi":"10.60082/2817-5069.3714","DOIUrl":"https://doi.org/10.60082/2817-5069.3714","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71318968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Black Voices Matter Too: Counter-Narrating Smithers v The Queen","authors":"Amar Khoday","doi":"10.60082/2817-5069.3712","DOIUrl":"https://doi.org/10.60082/2817-5069.3712","url":null,"abstract":"","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43072082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Soft law is a puzzle. It shapes a wide range of public decision making, but its contents are said to lie beyond the rule of law. This paper explores the largely uncharted terrain of soft law in Canada. It is organized in three parts. Part I examines the existing treatment of soft law in Canadian jurisprudence, including soft law’s relationship to administrative law concepts such as the standard of reasonableness and the Constitution. Part II proposes the foundations of a new framework to characterize soft law, termed the “spectrum approach.” This approach aims to assist courts in responding to the influence and variations of soft law in Canadian society, and to begin to assess soft law on its own terms, rather than in relation to other concepts. Finally, Part III applies the spectrum approach to a case study of Ontario university free speech policies. In sum, we argue that soft law is a powerful, practical force in Canadian society that should be subject to meaningful oversight by the courts.
{"title":"The Puzzle of Soft Law","authors":"Lorne Sossin, Chantelle van Wiltenburg","doi":"10.60082/2817-5069.3713","DOIUrl":"https://doi.org/10.60082/2817-5069.3713","url":null,"abstract":"Abstract Soft law is a puzzle. It shapes a wide range of public decision making, but its contents are said to lie beyond the rule of law. This paper explores the largely uncharted terrain of soft law in Canada. It is organized in three parts. Part I examines the existing treatment of soft law in Canadian jurisprudence, including soft law’s relationship to administrative law concepts such as the standard of reasonableness and the Constitution. Part II proposes the foundations of a new framework to characterize soft law, termed the “spectrum approach.” This approach aims to assist courts in responding to the influence and variations of soft law in Canadian society, and to begin to assess soft law on its own terms, rather than in relation to other concepts. Finally, Part III applies the spectrum approach to a case study of Ontario university free speech policies. In sum, we argue that soft law is a powerful, practical force in Canadian society that should be subject to meaningful oversight by the courts.","PeriodicalId":45757,"journal":{"name":"OSGOODE HALL LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44004960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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