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In this episode, we explore how Medical Assistance in Dying legislation works on the ground, asking what challenges continue to face medical practitioners and patients when applying its criteria. We also ask broader questions about the meaning of capacity, proportionality, the role of conscientious objection, and, finally, what remains excluded fro…
 
In this episode, we delve into Canadian and international legal avenues available to victims of human rights abuses; we evaluate Canada’s State Immunity Act; and we theorize on the future of state and corporate accountability both in Canada and internationally. We are joined by Amanda Ghahremani, an international lawyer, legal consultant and resear…
 
This episode explores how governments are beginning to re-think tax policy in the wake of the COVID-19 pandemic. Our guests are two Osgoode Hall Law School professors: Jinyan Li, co-academic director of the LLM tax program, and Scott Wilkie, a tax law practitioner and a former chair of the Canadian Tax Foundation.…
 
Au cours de cet épisode, notre équipe explore les obstacles juridiques, politiques et sociaux au rapatriement des objets culturels autochtones au Canada. Notre invité est Me François Le Moine, qui pratique en droit des arts et en droit d’auteur, et qui enseigne le droit des arts et du patrimoine culturel à l’Université de Montréal.…
 
This episode explores how Canadian police forces use algorithmic surveillance and predictive technology in their work, while analyzing its implications for privacy, rights and bias in decision-making. Our guest is Yolanda Song, a civil litigator and legal researcher who co-authored a recent report on the use of algorithmic technology by Canadian la…
 
In this episode, we will explore alternatives to established theories in corporate governance, and their ensuing implications for addressing pressing societal problems. We will hear from Dr. Carol Liao, an associate professor, UBC Sauder Distinguished Scholar​, and Director of the Centre for Business Law at the Peter A. Allard School of Law.…
 
This episode features an insightful interview with Professor Carissima Mathen, and examines the 2018 SCC decision of R v. Boudreault. First, it explores how the constitutional right against cruel and unusual punishment has evolved to consider the disproportionate impact of mandatory victim surcharges on disadvantaged and marginalized communities. S…
 
Dans cet épisode du Balado de la Revue de droit de McGill, nous explorons les limites du système judiciaire en matière de crimes sexuels, les obstacles qui empêchent les victimes de trouver justice par le processus pénal, les risques de la dénonciation en ligne et, finalement, les autres recours disponibles.…
 
In this episode, we discuss the various tactics used by police during protests for racial justice and their legality, both from a general legal standpoint and from the American context. Our guest is Karen Pita Loor, Clinical Associate Professor of Law at the Boston University School of Law.
 
This episode is geared toward current McGill Law Students: it’s an exciting time, because you have the chance to become part of an incredible community, as well as to contribute to the legacy of a venerable institution in the legal discourse. But don’t take our word for it — this episode features two successful alumni who speak about their experien…
 
On this week’s episode, MLJ Editors Garima Karia and Addie Lalande explore the impacts of the COVID-19 pandemic for ADR. How are ADR professionals adapting to this new reality, and will these changes outlast the pandemic? They speak with Me Anaïs Lacroix, a lawyer and co-founder of Latitude Management, as well as Professor Fabien Gélinas, a profess…
 
In this episode, we examine what health equity means and try to understand both the challenges and the opportunities that the COVID-19 pandemic presents for achieving health equity in Canada. Our guests are Steven Hoffman, a professor of global health law and political science at York University, as well as Daniel Weinstock, a professor at McGill U…
 
This episode seeks to uncover the impact and significance of the Caring Society litigation, which condemned the Canadian government's approach to First Nations Child Welfare and called for action on policies that have continued to perpetuate historical inequalities. Our guest is Dr. Cindy Blackstock, member of the Gitksan First Nation in Northern B…
 
Our newest episode features an insightful interview with Brad Regehr, president of the Canadian Bar Association. Mr. Regehr is the first Indigenous president in the organization’s history, and has been a leader in the legal field as a partner at Maurice Law. This episode will explore the experiences that inform his approach, as well as his vision f…
 
As the trial begins for the court challenge to Bill 21, our newest episode aims to provide helpful context that emphasizes the social effects behind the legal arguments, while offering a glimpse at what it’s like to be at the forefront of a major Charter case. Our guests are Noa Mendelsohn Aviv, director of the Equality Program at the Canadian Civi…
 
Over the past few years, there has been an explosion of technologies providing and enhancing legal services. Some view these developments as a way to promote access to justice, while others point to emerging ethical dilemmas. To explore these issues, we are joined by Jena McGill, Professor at the University of Ottawa, and Costa Ragas, partner at Fa…
 
In Tsilhqot’in Nation v British Columbia, the Supreme Court of Canada issued a declaration of Aboriginal title for the first time in its history. To better understand the evolution of Aboriginal title, from Calder to Tsilhqot’in and beyond, we interview David Rosenberg, whose extensive experience includes acting as lead counsel for the Tsilqot’in N…
 
Across the United States and beyond, many students, lawyers and citizens have grieved the loss of a brilliant Supreme Court Justice, a trailblazing woman and an outstanding role model. To commemorate her life and reflect on her legacy, we are joined by Professor Deborah Jones Merritt, who has known Justice Ginsburg for over 40 years.…
 
Today’s guest is one that you won’t want to miss: Brian Gallant, 33rd premier of New Brunswick and current CEO of the Canadian Centre for the Purpose of the Corporation. Mr. Gallant has a fascinating journey, from student and lawyer to politician and premier, and now to advisor and CEO. Over the course of this episode, he discusses each step on his…
 
Today’s episode features a very special guest: Senator Murray Sinclair. His groundbreaking career has had a significant impact on the Canadian legal landscape, from his appointment as the first Indigenous judge in Manitoba and only the second in Canada to his service as Co-Chair of the Aboriginal Justice Inquiry in Manitoba and as Chief Commissione…
 
As the effects of climate change continue to be felt across the globe, litigants have attempted to hold governments accountable through constitutional challenges. To explore this emerging area, we speak with Dennis van Berkel, legal counsel to the Urgenda Foundation in its historic case against the Dutch government, as well as Dayna Nadine Scott, a…
 
To coincide with Volume 64:2 of the McGill Law Journal, the MLJ Podcast has been publishing bite-sized bonus episodes where you can hear directly from authors about their work. In this episode, Professor Malcolm Lavoie discusses his new article, “Property Law and Collective Self-Government.”
 
Pour souligner le lancement du Volume 64:2 de la Revue de droit de McGill, nous publions de courts épisodes où les auteurs présenteront un aperçu de leur article. Aujourd’hui, Me Frédérick Doucet décrit l’article qu’il a coécrit avec Me Geneviève St-Laurent, intitulé ≪ Le droit à l’égalité et l’accès aux professions réglementées : bilan contrasté d…
 
To coincide with the publication of Volume 64:2 of the McGill Law Journal, the MLJ Podcast is introducing bite-sized bonus episodes where listeners can hear directly from authors about their work. In this episode, Professor Noah Weisbord discusses his timely article, Who’s Afraid of the Lucky Moose? Canada’s Dangerous Self-Defence Innovation: "With…
 
En juin 2019, l’Assemblée nationale du Québec adopta la fameuse Loi sur la laïcité de l’État, ce qui suscita de vifs débats sur la scène politique. Au cœur de la polémique se trouve l’utilisation controversée de l’article 33 de la Charte canadienne, autrement connu sous le nom de « clause dérogatoire ». Le présent balado a pour objet d’éclaircir le…
 
Third-party litigation funding (TPLF) has become a steadily growing practice in recent years, as more and more parties are bringing lawsuits to court with the financial help of large hedge funds or specialized commercial companies. In this episode, we explore this new judicial practice further by speaking with Professor Jasminka Kalajdzic, director…
 
Facial recognition technology is increasingly being used by law enforcement across Canada. However, law enforcement has not always been transparent about its use. With little to no law currently regulating this technology, privacy advocates insist that Canadians should be concerned. In this episode, we explore these issues by speaking with Ignacio …
 
Should Canadian-born children’s eligibility for government social and health services depend on their parents' immigration status? In this podcast, we explore how current interpretations of the Quebec Health Insurance Act are being used in the province to deny healthcare coverage to some Canadian children on this basis. We will hear from Maître Mil…
 
L'intelligence artificielle (IA) est présentement au centre d'une profonde transformation technologique. D'aucuns croient également que l'IA façonnera la façon dont nous administrons et dont nous rendons la justice en permettant l'introduction de systèmes décisionnels automatisés dans l'administration publique. Mais cela sera-t-il pour le pire ou p…
 
By signing Bill C-45, Canada became the second country in the world to legalize the recreational use of cannabis. Subsequent news coverage raised concerns about the potentially negative effects of legalization for Canadians, especially those crossing the US-Canadian border. In this podcast, we explore the practical implications of cannabis legaliza…
 
The city of Toronto is currently working with a private company to develop a “smart city”—a neighbourhood that incorporates the collection of big data into its urban design. Since its inception, the project has inspired debate about how data generated by the public/private partnerships ought to be used. In this podcast, we consider the implications…
 
Part one of Causing a Comeau-tion explored an attempt to break down interprovincial trade barriers in Canada through the use of litigation. In part two, we consider the consequences of the case. The Supreme Court ruled that the existing barriers to the sale of alcohol across provincial borders do not violate the constitution. While the case might i…
 
“Free the Beer!” It’s become a rallying cry across Canada, largely thanks to a legal challenge brought before the Supreme Court in 2017 concerning the transfer of alcohol across provincial borders. In R v Comeau, the Court considered the constitutionality of interprovincial trade barriers on the sale of alcohol following an appeal brought by Gerard…
 
La découverte des fosses communes à Sinjar en Iraq et l'ampleur des crimes commis par Daesh contre les minorités religieuses soulèvent d'importantes questions sur la ou les façons dont la justice peut être servie lors d'atrocités de masse telles que commises à l'encontre de la minorité yézidie. Pour nous entretenir sur le sujet, nous avons eu le pr…
 
Précarité ou flexibilité? Barry Eidlin, Professeur de sociologie à l'université McGill, et Me Marc-Antoine Cloutier, avocat pour RTAM-Métallos, nous aident à mieux comprendre les nouvelles dynamiques du droit de l’emploi dans le contexte de l’économie de partage au travers des activités d’Uber au Québec. Ce podcast bilingue explore également l’impa…
 
Should you be able to discriminate in a will? In 2016, the Ontario Court of Appeal ruled in Spence v BMO that if someone has made a will and their intention is clear, then no one can really challenge that will. At first glance, this sounds reasonable; people should be able to do what they want with their property when they die, but what if their wi…
 
In Part II of Legal Personality of the Environment, we meet with Rob Clifford, a PhD student at Osgoode Hall and a member of the Tsawout First Nation, to discuss the concept of legal personality of the environment and its applicability in Canada. We notably discuss the transplantation of this doctrine in Canada, in light of its federal architecture…
 
In this two-part podcast, we address the concept of Legal Personality of the Environment. This original idea was brought by Christopher Stone in Should Trees Have Standing?, which was published in the 1970s. Nowadays, granting legal personality to the environment is quite appealing for those who wish to protect natural resources for future generati…
 
In Part Two of Clerks! we visit the Supreme Court of Canada in Ottawa to hear about recent changes to the clerkship recruitment process. Gib van Ert outlines the new process, and we consider how clerkships reflect broader themes at play in our legal culture. Dans ce deuxième épisode de Clerks!, nous visitons la Cour Suprême du Canada, à Ottawa, pou…
 
Where did Supreme Court Clerkships come from? What do clerks do? Why all the hype?? In this episode, we learn about the history and the role of clerkships at the Supreme Court of Canada from the 1960s to the present. We talk to Professors Shauna Van Praagh, Stephen Smith, and Lionel Smith about clerking at the end of the Dickson era. We then get th…
 
October 2nd marks the first day of the Supreme Court of Canada’s fall session. Among the 30 cases ranging from freedom of religion, equality rights, and contract law– to name a few on the docket– what are some major cases to look out for? With news of the Chief Justice’s retirement at the end of the fall session, what can we gather from the McLachl…
 
In part I of “Shifting Paradigms,” you heard about Transsystemia at McGill’s Faculty of Law–but what does this pedagogical approach look like elsewhere? In part II of this two-part episode, we sat down with comparative and private law Professor Pascal Ancel of the University of Luxembourg and constitutional and Indigenous law Professor John Borrows…
 
Transsystemia is the term that is controversially used to describe the academic program at McGill’s Faculty of Law. This pedagogical approach is often praised by its practitioners, welcomed but doubted by onlookers in other law faculties, and challenging, to say the least, for its students. Is Transsystemia the be-all-end-all in legal education? An…
 
La décision de la Cour Suprême dans l’affaire Jordan est rendue à l’été 2016. Le jugement met en place un plafond ferme pour les délais des procédures criminelles. Comment en est-on arrivé là ? Comment la Cour justifie-t-elle sa décision ? Quelles sont les conséquences de cet arrêt au Québec ? Comment le gouvernement a-t-il réagit ? Que reste-t-il …
 
In 1999, the Supreme Court ruled in R v Gladue that courts must courts “take judicial notice of the broad systemic and background factors affecting aboriginal people, and of the priority given in aboriginal cultures to a restorative approach to sentencing.” Thirteen years later, the Court made it clear in R v Ipeelee that the principles outlined in…
 
Over the fall, the Supreme has tackled a wide range of issues from privacy to duty to consult to freedom of religion. Justice Cromwell's retirement gives us the opportunity to reflect upon its judicial legacy; Justice Rowe's appointment placed the new appointment process under the spotlight. To get an overview of the cases and issues that came befo…
 
Edward Snowden. Chelsea Manning. Julian Assange. While divisive figures such as these have dominated news cycles and been the subject of fierce debate throughout the last decade, whistleblowing is neither a new phenomenon nor one that is strictly American. Who are some key Canadian whistleblowers? How might the law protect those who disclose? And w…
 
You've heard our two podcasts on revenge porn, tort law and privacy. This brief podcast offers an important update on the case that was the catalyst for that conversation — Jane Doe 464533 v ND (2016 ONSC 541). After we released both podcasts, we received a letter from ND's lawyer. This lawyer asked us to make one clarification concerning the case'…
 
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