York University, Osgoode Hall Law School

    Annual Report: 2012-2013

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    https://digitalcommons.osgoode.yorku.ca/annual_reports/1008/thumbnail.jp

    Annual Report: 2013-2014

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    https://digitalcommons.osgoode.yorku.ca/annual_reports/1009/thumbnail.jp

    Annual Report: 2017-2018

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    https://digitalcommons.osgoode.yorku.ca/annual_reports/1015/thumbnail.jp

    Return of the Chancellor\u27s Foot?: Discretion in Permanent Resident Deportation Appeals under the Immigration Act

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    This article examines recent changes to section 70 of the Immigration Act that allow the minister of immigration to deport Canadian permanent residents who are determined to be a danger to the public without proper procedural safeguards. The authors argue that much of both current theoretical literature on discretion and the history of the development of discretion within the immigration scheme are against these changes. By analyzing how discretion is employed in other, similar, public safety regimes, the authors show that the recent changes violate individual rights and will very likely create more intractable problems than those they set out to solve

    The Family - and Families in Law: A Review of Archana Parashar and Francesca Dominello, The Family in Law

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    Once upon a time, things were easy for family lawyers. Their object of study was clearly marked out (marriage, divorce, and their consequences), while theoretical debate about the subject was rare or non-existent Although it is difficult to locate this Garden of Eden in real time, most family lawyers would share the perception that things have become more complex of late [And] allied to this, there has been an explosion of theoretical interest in law and the family. Two decades after this assessment by John Dewar, The Family in Law offers a significant and sophisticated appraisal of the law\u27s engagement in the construction of ideas about the family and familial relationships

    Issue 2: A Human Right to Self-Government over First Nations Child and Family Services and Beyond: Implications of the Caring Society Case

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    On 26 January 2016, the Canadian Human Rights Tribunal released a watershed decision in First Nations Child and Family Caring Society of Canada et al v Attorney General (Caring Society), finding that the Department of Indigenous and Northern Affairs’ (INAC) design, management, and control of child welfare services on reserve, along with its funding formulas, cause a number of harms to First Nations children and families that amount to discrimination. A full appreciation of the workings and harms of INAC’s First Nations Child and Family Services Program (the FNCFS Program), paired with the two key propositions from the tribunal’s decision—that, as a matter of human rights: (1) First Nations are entitled to child and family services that meet their cultural, historical, and geographical needs and circumstances, and (2) such services cannot be assimilative in design or effect—firmly ground an argument that First Nations have a human right to self-government over child and family services. Moreover, because the main structural features and harms of the FNCFS Program are common to virtually all other essential service programs on reserve, the final implication of the Caring Society case is that a human right to self-government likely extends to all First Nations essential services

    Text Message Privacy: Who Else Is Reading This?

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    Who talks on the phone anymore? Many of us perhaps. But we do so far less than we did 10 to 15 years ago. And we are increasingly relying on text conversations — whether through Short Message Service (“SMS”) messaging, e-mail or some other “app” — as our primary mode of communication. A 2014 Gallup poll found that Americans under the age of 50 text more than they talk on their cell phones. Canadians are unlikely to be much different, and the numbers have almost certainly moved further in the direction of texting over the last four years

    Tax Law within the Larger Legal System

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    Tax law may be viewed as occupying its own universe, even though tax funds the implementation of public policies that animate Canadian society. This article reminds us that tax law must respond to basic rule-of-law norms in spite of overarching and well-meaning policy goals. It adopts reference points featured in recent cases. One is the Charter, which limits penalties that can be imposed on non-compliant taxpayers and tax advisers without adhering to due process safeguards. Another is the impact of international arrangements among countries in a global business environment to guide consistent regulatory responses and to identify and share information. No matter how seemingly efficient or well-grounded, international norms still need to be safely grounded in Parliamentary authority to be enforceable in relation to Canadian taxpayers. All practitioners concerned with tax equity, neutrality, and efficiency should remember that tax law exists within a larger legal system and must be so evaluated; occasionally, it must yield to the legal principles underlying that system
    York University, Osgoode Hall Law Schoolis based in CA
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