Reconsidering the Test for Interlocutory Injunctions Affecting Homeless Encampments: A critical assessment of BC case law

Using a 2020 decision in which a judge granted an interlocutory injunction evicting a homeless encampment from an unused, unfenced, publicly-owned parking lot in the midst of the COVID-19 pandemic as a springboard, I present the first comprehensive survey of British Columbia homeless encampment injunction decisions, revealing a whopping 85% success rate when governments seek interlocutory injunctions against encampments. The stakes are high: Interlocutory injunction applications dominate homeless encampment litigation, exposing encampment residents to continual displacement and elevated risks of isolation, illness, violence, and death. I argue that courts hearing applications for interlocutory injunctions against homeless encampments on publicly-owned land should apply the full three-pronged RJR-MacDonald framework; apply a strong prima facie case standard to the first prong; avoid prejudging complex, contested evidential or legal issues at the interlocutory stage, on the basis of affidavit evidence alone; and raise the bar for interlocutory injunctions to a height that reflects the fundamental interests at stake in homeless encampment cases

Constitutional Cases 2024 (Pt 1) | A Review of the Supreme Court’s 2023 Constitutional Jurisprudence

00:15:16 - A Review of the Supreme Court’s 2023 Constitutional Jurisprudence Speaker: Kate Glover Berger (Osgoode Hall Law School) The 27th iteration of the Constitutional Cases conference was held on Friday, April 12, 2024. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year

Tax Treaties

Canada has close to 100 bilateral tax treaties and an active body of case law on treaty interpretation, including the recent Supreme Court of Canada decision in Alta Energy S.A.R.L. v. Canada (2021 SCC 49) on treaty shopping. This chapter in a forthcoming book examines Canada\u27s treaty network, interpretation issues, the impact of the MLI and the relationship between the domestic GAAR and the principal purpose test in the MLI

Constitutional Cases 2024 (Pt 4) | The Laskin Lecture Race, Democracy and Politics without Guarantees

Race, Democracy and Politics without Guarantees with Dr. Debra Thompson, Canada Research Chair in Racial Inequality in Democratic Societies, McGill University. The 27th iteration of the Constitutional Cases conference was held on Friday, April 12, 2024. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year

Constitutional Cases 2024 (Pt 2) | Environmental Regulation and the Constitution

As recognized by the Supreme Court, environmental protection is one of the most pressing challenges of our times. Nevertheless, the Supreme Court recently declared ultra vires the majority of the most comprehensive federal impact assessment scheme developed to date. Panelists will analyze the Reference re Impact Assessment Act, and the possibility of robust environmental impact assessment policy under the current division of powers jurisprudence. Panelists will discuss the social and reconciliation-based aspects of environmental assessment that formed part of the federal scheme, and the relationship between this Reference and the GGPPA. Panelists: Dayna N. Scott (Osgoode Hall Law School) Deborah Curran (University of Victoria) Anna Johnston (West Coast Environmental Law) Nathalie Chalifour (University of Ottawa) Chair: Emily Kidd White (Osgoode Hall Law School) The 27th iteration of the Constitutional Cases conference was held on Friday, April 12, 2024. Osgoode Hall Law School’s Annual Constitutional Cases Conference, recognized as the leading constitutional law conference in Canada, brings together many highly respected constitutional scholars, lawyers, students, and experts for an insightful and practical analysis of the Supreme Court’s significant constitutional judgments of the past year

Pt 4A Dialogue on Dialogue Theory - His Brilliant Legacy: A Conference in Honour of Peter W. Hogg

His Brilliant Legacy: A Conference in Honour of Peter W. Hogg was held on January 10, 2024 at Osgoode Professional Development and co-hosted by Osgoode Hall Law School and Blake, Cassels & Graydon LLP. This session includes: Dialogue on Dialogue Theory Panelists discuss and critique the highly influential concept, at home and abroad, of dialogue , the theory of review under the Canadian Charter of Rights and Freedoms proposed by Peter Hogg and Ms. Allison Thornton. Chair: Professor Benjamin L. Berger, Osgoode Hall Law School Speakers: Professor Allan Hutchinson, Osgoode Hall Law School, Ms. Allison Thornton, Associate Solicitor, City of Guelph, Professor Alison Young, David Williams Professor of Public Law, Cambridge University UK, Sujit Choudhry, Head of Chambers, Hāki Chambers Globa

Screening Out: HIV Testing and the Canadian Immigration Experience by Laura Bisaillon

IN 2002, CANADA’S FEDERAL IMMIGRATION DEPARTMENT enacted a new policy regime that mandated HIV testing in the immigration medical examination.3 This moment provided the primary motivation for the research that underlies Professor Laura Bisaillon’s first book, Screening Out: HIV Testing and the Canadian Immigration Experience (“Screening Out”)

Pt 3 Supreme Recollections - His Brilliant Legacy: A Conference in Honour of Peter W. Hogg

His Brilliant Legacy: A Conference in Honour of Peter W. Hogg was held on January 10, 2024 at Osgoode Professional Development and co-hosted by Osgoode Hall Law School and Blake, Cassels & Graydon LLP. This session includes: Supreme Recollections: Peter Hogg and the Supreme Court of Canada Four current justices of the Supreme Court of Canada share their professional reflections on Peter Hogg and their relationship with him as counsel, scholar, and colleague. Chair: The Hon. Justice Lorne Sossin, Ontario Court of Appeal, former Dean, Osgoode Hall Law School Panelists: The Hon. Justice Karakatsanis, Supreme Court of Canada, The Hon. Justice Martin, Supreme Court of Canada, The Hon. Justice Kasirer, Supreme Court of Canada , The Hon. Justice Jamal, Supreme Court of Canad

Pt 2B Peter in Court - His Brilliant Legacy: A Conference in Honour of Peter W. Hogg

His Brilliant Legacy: A Conference in Honour of Peter W. Hogg was held on January 10, 2024 at Osgoode Professional Development and co-hosted by Osgoode Hall Law School and Blake, Cassels & Graydon LLP. This session includes: Peter in Court: Lawyer and Advocate This panel will cover the legal advocacy contributions of Dean Hogg, and will include a close inspection of Reference re Same-Sex Marriage, [2004] 3 S.C.R. 698, 2004 SCC 79 and other cases in which Peter worked as advocate including Re Anti-Inflation Act [1978] 2 S.C.R. 373) and Hill v Church of Scientology. Chair: Ms. Laura Dougan, Blakes LLP Speakers: Ms. Cathy Beagan Flood, Blakes LLP, Mr. Michael Morris, Senior General Counsel, Department of Justice, The Hon. Justice Paul Schabas, Ontario Superior Court, Ms. Gail Sinclair, General Counsel, Department of Justice Canad

Pt 1 Remembering Peter - His Brilliant Legacy: A Conference in Honour of Peter W. Hogg

This session includes: Conference Opening The opening will situate Peter\u27s immense influence on Canadian constitutional law and beyond - both beyond constitutional law in Canada, and beyond Canada. Remembering Peter This panel will allow more personal memories of the late Dean Hogg from people who knew him and worked with him. Chair: Dean and Professor Emeritus John McCamus, Osgoode Hall Law School Speakers: The Hon. Justice Louise Arbour, CC, GOQ, The Hon. Justice James MacPherson, Ontario Court of Appeal, The Hon. Justice Patrick Monahan. Ontario Court of Appeal, former Dean, Osgoode Hall Law Schoo