As we reflect on three decades of the Charter of Rights and Freedoms, do we see the enduring energy and ambition of youth or the pragmatic judgment of maturity? As with many 30 year-olds, the answer is likely a little of both. Read the rest of this entry →
In light of Osgoode’s International Legal Partnership (ILP)’s work on Advocacy Week (February 27- March 2, 2012), I have been reflecting on an often overlooked aspect of our refugee system. From the moment a refugee claimant arrives in Canada, her or his future rests in the judgment of others. This vulnerability is a fundamental legal and human reality.
Bill C-31 is the latest attempt at reforming Canada’s refugee determination process. Both Bill C-31 and the debate surrounding it, in my view, miss an important point. Laws do not decide who is a refugee. People do. And yet, while we focus on the design of the refugee system (including Bill C-31’s new ministerial powers to determine which countries will be considered “safe” and therefore allow refugee claims from those countries to be fast-tracked and with rights of appeal in those contexts curtailed), we tend to underestimate the importance of the people who implement the system. Read the rest of this entry →
In the Fall of 2010, I wrote one of my first blog entries on the topic of articling reform. I raised a concern at that time with the fact that articling is based on market based opportunities, not merit based assessment. In other words, a successful graduate of law school who has all the education and skills necessary to enter the licensing process cannot do so until she or he secured a position with a firm or person qualified by the Law Society to be a principal. In that piece, I suggested alternative pathways to articling involving postgraduate training and education should be developed. In other words, while articling should be retained (and enhanced), it should not be the only path through which to qualify to become a lawyer. Read the rest of this entry →
What should be the role of a law school the policy process? At first glance, the question might look odd. Law schools are not political institutions with a mandate to develop or deliver public policy (beyond high quality and accessible legal education, and groundbreaking legal research). Sometimes, however, good policy requires the involvement of institutions and individuals who are not political or tied to partisan agendas. In my view, law schools have a vital, distinct, and constructive role to play in facilitating and enriching public debate. Read the rest of this entry →
On the day the Occupy Toronto movement kicked off its encampment at St. James Park back in mid-October, I was serving snacks and a signature, non-alcoholic cocktail to Beverley McLachlin, the Chief Justice of Canada, and twelve bright and slightly nervous Osgoode student leaders as part of our celebration upon the opening of the newly renovated Osgoode building. A day of new beginnings in real estate of a very different character! Read the rest of this entry →
The two judges nominated by Prime Minister Harper on Monday to join the Supreme Court of Canada are eminently qualified for the daunting role that lies ahead. In making this selection, the Prime Minister had both an easy and difficult task – the bench in Ontario is deep, the number of excellent appointments many, and it could not have been easy to select two from among so many who would bring so much to a place so important in the legal and political life of Canada.
As a Law School fortunate enough to have a newly renovated law school building, this is a time of celebration, optimism and enthusiasm at Osgoode. But in the midst of enjoying state-of-the-art learning facilities and fabulous student spaces, a new issue has emerged – signs have begun appearing (with more to come) naming the various spaces in the Law School for the individuals, law firms and organizations whose donations – along with significant government and University funding – made the building possible. Does seeking out and recognizing the donors to the Building Osgoode campaign enhance or diminish the Law School? Read the rest of this entry →
As the new academic year begins at Osgoode Hall Law School, and elsewhere, it is a good time to make predictions. Below, I set out five developments which, in my view, have the potential individually and cumulatively, to reshape Canadian legal education in the coming year. Read the rest of this entry →
What we can count counts. For example, I can tell you that Osgoode Hall Law School’s entering class last year was 50% women and 50% men. If you asked me how many students in that entering class were visible minorities, however, I could only guess. Read the rest of this entry →
I am writing this from Jerusalem, where I have joined 25 Osgoode students on a study/tour program at Hebrew University. The program offers an opportunity for the students to get a taste of legal education in Israel and they take intensive courses on topics ranging from intellectual property, criminal justice, and constitutional law to legal philosophy. The students also, however, get a chance to experience Israeli legal dramas unfolding in real time. During our first week in Jerusalem, the Knesset enacted the controversial anti-boycott law, which will make possible sanctions on domestic or international firms advocating or abiding by any boycott of Israel or the occupied territories. Read the rest of this entry →