Understandings of the public interest underpin many law reform processes. The public interest is not a fully definable term and so reform bodies have to engage with a range of articulations of that interest. The negotiation of the different articulations, however, has not been explored empirically before. This article reports on a study of the claims to the public interest in a public Australian inquiry into potential abuses of the patent system by pharmaceutical companies. More specifically, submissions to the Pharmaceutical Patents Review are analysed and the results show “oligopolistic” tensions between competing views of the public interest—and with these views claiming primacy over more technical understandings of the issues. This lack of a single “public interest” allows dominant players to frame the debate to reflect their interests; and the tension between these players means that the debate, and the underlying problem, has not been subject to a resolution.

While Canada has long criminalized aspects of sex work, the specific act of purchasing sexual services was not against the law per se. In 2014, however, the then Conservative government implemented new legislation targeting sex work clients. Given the criminalization and persistent stigmatization of their activities, assessing clients’ changing actions, perceptions, and knowledge of the new legislation is challenging. We thus turned to a major Canadian online sex work review forum to examine postings on forum threads. This paper examines the risk knowledge practices in which clients engage as they try to make sense of the modified legal regime and avoid new legal risks. Our findings illuminate clients’ varied understandings of their own criminalization.

Canada celebrated its 150th anniversary since Confederation in 2017. At the same time, Canada is also entering an era of reconciliation that emphasizes mutually respectful and just relationships between Indigenous Peoples and the Crown. British Columbia (BC) is uniquely situated socially, politically, and economically as compared to other Canadian provinces, with few historic treaties signed. As a result, provincial, federal, and Indigenous governments are attempting to define ‘new relationships’ through modern treaties. What new relationships look like under treaties remains unclear though. Drawing from a comprehensive case study, we explore Huu-ay-aht First Nations—a signatory of the Maa-nulth Treaty, implemented in 2011—BC and Canada’s new relationship by analysing 26 interviews with treaty negotiators and Indigenous leaders. A disconnect between obligations outlined in the treaty and how Indigenous signatories experience changing relations is revealed, pointing to an asymmetrical dynamic remaining in the first years of implementation despite new relationships of modern treaty.

Following the arrival of the MV Ocean Lady in 2009, four men were charged with human smuggling under s. 117 of the Immigration and Refugee Protection Act for having helped Sri Lankan asylum seekers reach Canada. Section 117 made it a criminal offence to aid and abet the unauthorized entry of asylum seekers, including when this was done for humanitarian reasons, to help family members, or as a matter of mutual aid. The case made its way to the Supreme Court and, in 2015, the court ruled in R v Appulonappa that s. 117 was too broad, potentially criminalizing humanitarian workers and family members who help transport asylum seekers, and should be interpreted in a strict manner. This article draws from pragmatic sociology to study the regimes of justification mobilized by various actors involved in, and around, R v Appulonappa between 2009 and 2015. It focuses on two sites of contestation that crystalized around divergent conceptions of fairness and safety, discussing how competing regimes of justification were used to advance stakeholder’s positions.

Informal workers play a central role in the global value chain along which electronic waste (e-waste) is collected and recycled. The failure of governments to recognize informal e-waste workers as legitimate stakeholders in the e-waste economy means these workers assume acute health and livelihood risks. This article argues that the exclusionary dynamics of contemporary e-waste governance paradigms, in failing to acknowledge the legal identity of some stakeholders and the legal responsibilities of others, contribute to a grossly imbalanced and environmentally unjust globalization of e-waste marked by the proliferation of dangerous and exploitative forms of work. E-waste legislation must embrace and reflect the needs and interests of marginalized social groups whose livelihoods depend on their participation in the urban waste economy. Waste governance paradigms must recognize informal workers’ claims over urban space and resources, in other words, their spatial citizenship and fundamental place as workers within the global hi-tech economy.

Against the historical backdrop of the sinking of the Canadian rum-running schooner the I’m Alone by the US Coast Guard in 1929, this paper examines the re-crafting of maritime jurisdictional practices in the 2000s through the Canada-US Cross-Border Maritime Law Enforcement Program known as Shiprider. Thinking jurisdictionally and taking seriously the materiality of the water, we explore the significance of Shiprider’s patrols in the local context of Kaniatarowano’on:we (St. Lawrence River) which flows through Akwesasne Mohawk Territory, an indigenous border nation cleaved by the Canada-US international border where local communities contend with and continue to refuse imposed colonial settler boundaries.

This essay offers a feminist analysis of the abuse of female lessees and, more specifically, of one solution enacted by the Quebec legislature. Since 2006, article 1974.1 of the C.C.Q. has authorized the unilateral termination of a lease when the safety of a female lessee is threatened. This study questions the effectiveness of this legislative initiative. First, it offers a materialist and radical feminist analysis of the private/public dichotomy that underlies the organization of landlord/tenant law in Civil law. This spatial and legislative division implies a preliminary and implicit characterization of abuse within the home as belonging to the private and individual sphere instead of the social and collective sphere. Within this legal structure, article 1974.1 C.C.Q. takes on a reformist character. Preliminary results of the use of this article before the Régie du logement are then presented. These results highlight four major obstacles to its effectiveness.

Labour and environmental law operate in silos. This is equally true in the transnational sphere, despite the 2011 endorsement of UN Guiding Principles on Business and Human Rights. Labour rights as human rights appear easier to grasp than environmental human rights, and the UNGPs specifically highlight the work of the ILO. Due to egregious events such as the Bangladesh Rana Plaza factory collapse, transnational governance regimes have emerged to better ensure building safety and respect for labour rights. Yet the process of production of “fast fashion” is not only a problem for workers whose health and safety are put at risk, but also for children and families who live in the vicinity of polluting factories and experience “slow death” as a result of contaminated air and water. This paper will explore how a reconceptualization of the worker as a relational being and corporeal citizen might bridge the silos.

In Canada, Treaty 1 First Nations brought a claim against the Crown for land debt owed to them since 1871. In 2004, Crown land in Winnipeg became available that, according to the terms of the settlement, should have been offered for purchase to Treaty 1 Nations. Similarly, in New Zealand, the Waikato-Tainui claim arose from historical Crown breaches of the 1840 Treaty of Waitangi. In 1995, a settlement was reached to address the unjust Crown confiscation of Tainui lands. Despite being intended to facilitate the return of traditional territory, compensate for Crown breaches of historic treaties, and indirectly provide opportunity for economic development, in both cases, settlement was met with legal and political challenges. Using a comparative legal analysis, this paper examines how the state continues to use its law-making power to undermine socio-economic development of Indigenous communities in Canada and New Zealand, thereby thwarting opportunity for Indigenous self-determination.

Every year, over 25,000 people from Mexico and the Caribbean migrate to Canada through the Seasonal Agricultural Worker Program (SAWP) to work on a Canadian farm. To what extent does the SAWP, as an institution, impact the vulnerability of migrant agricultural workers? The insights and explanations provided by neo-institutional theory’s three streams help to better account for the complexity of the economic and socio-historical SAWP-generated factors that affect the situation of migrant workers. It is shown that this program has created and continues to perpetuate a context in which it is difficult for migrant workers to have control over their working conditions.

Socially responsible corporate governance (SRCG) is a product of the interaction of corporate governance and corporate social responsibility. These two transnational business governance schemes have converged around the principles of accountability, sustainability, and due diligence. This article will examine to what extent SRCG can be useful in promoting worker protection. It will contend that, as a reflexive regulation, SRCG is normatively indeterminate and may easily be subject to regulatory capture by the traditional actors of corporate governance. This article will argue that these risks may be alleviated by the interaction of SRCG with transnational labour law (TLL). Transnational labour law increases SRCG’s responsiveness to the value of worker protection by offering labour more direct sources of participation to strengthen SRCG’s enforcement and alleviate risks of capture. Moreover, the principles of TLL weave a coherent and meaningful framework which can be used to assess the quality of the various corporate governance initiatives.

Many types of vital research require protection of communication and information provided confidentially by research participants. In Canada, apart from information collected under the Statistics Act, the only option is a common law balancing test that creates uncertainty insofar as law is made after the fact. This paper explores the option of statute-based protection from the outset. It examines two such protections that have been in place in the United States for decades—revealing their strengths and weaknesses and how they may be applied in the Canadian context.

Guided by Weiner’s (1993, Am Psychol 48:957-964) attribution theory of social motivation, we examined perceptions of exonerees. Specifically, we examined whether biased police procedures impacted perceptions of responsibility, emotional reactions, and willingness to assist exonerees. Participants read a vignette involving an exoneration due to either a false confession or an eyewitness misidentification with police practices (biased vs. unbiased) manipulated across participants. Findings corroborate that participants hold more negative views of exonerees who falsely confess than exonerees who were mistakenly identified by eyewitnesses. Moreover, when police bias was high, participants were angrier at the police and less likely to perceive the exoneree as responsible for the wrongful conviction—especially when false confessions were involved. The findings are discussed in light of Weiner’s social motivation theory, and in regards to improving attitudes towards individuals who have been wrongly convicted.

Exploitative working conditions in the factories of developing countries like Bangladesh have fueled scholarly arguments for linking labour governance through trade/economic cooperation agreements/arrangements. This article argues that despite rich theoretical analyses of the structural form of these trade/economic-labour linkage mechanisms, less attention has been paid to the conceptualizations of “the social,” which tend to be narrow. These conceptualizations yield a restrictive approach to labour governance, maintaining a sharp difference between fundamental and redistributive approaches to transnational labour law. This approach may focus only on workers engaged in exporting sectors; defend individualized, civil, and political rights; weaken the participation of non-state actors in factory monitoring; and accentuate voluntary forms of corporate responsibility. Referring to some of the challenges in the transnational governance mechanisms launched after the collapse of Rana Plaza, this article argues that it is necessary to consider the aggregate effects of labour deregulation and the distributional problems of labour.

This article analyzes the corporate citizenship (CC) practices by which multinational corporations (MNCs), which have invaded the public arena, impose new standards, forcing the collectives to retire from democratic spaces. In order to verify whether this new relationship to the law fosters the emergence of a citizenship regime for everyone, the research studies its configurations based on a MNC, hailed as a role model, in a plant in Canada and a mine in Ghana. The results, which reveal a fragile autonomy in one case and a heteronomy in the other, raise the question of effectiveness of the CC torn between economic liberalism and industrial democracy. The article concludes that, under its neoliberal posture, the CC is far from conciliating its workers’ individual aspirations for equality in their difference and their collective tendency towards homogeneity; both principles articulate liberalism and democracy but do not solve the opposition between liberal individualism and collective action, including union actions, in a flexible business in the era of economic globalization.

This article examines the role of internet service providers (ISPs) as guardians of personal information and protectors of privacy, with a particular focus on how telecom companies in Canada have historically negotiated these responsibilities. Communications intermediaries have long been expected to act as privacy custodians by their users, while simultaneously being subject to pressures to collect, utilize, and disclose personal information. As service providers gain custody over increasing volumes of highly-sensitive information, their importance as privacy custodians has been brought into starker relief and explicitly recognized as a core responsibility.

Some ISPs have adopted a more positive orientation to this responsibility, actively taking steps to advance it, rather that treating privacy protection as a set of limitations on conduct. However, commitments to privacy stewardship are often neutralized through contradictory legal obligations (such as mandated surveillance access) and are recurrently threatened by commercial pressures to monetize personal information.

In the aftermath of the Global Financial Crisis, states around the world have experienced sustained growth in the emerging industry of litigation finance in light of the perceived insularity of courtrooms from the instabilities and fluctuations of financial markets. In Canada, this nascent industry has been dominated by class actions given the high costs, risk exposures, and attractive rewards associated with collective redress. Such investments have been legitimated as promoting access to justice, a fundamental human right. This paper traces the historical and contemporary development of this legal dynamic of financialization by documenting the progressive liberalization of maintenance and champerty laws from the nineteenth century to the current period through a series of case studies, before exploring the legal economics of the emerging industry in Canada. In so doing, this paper critically examines the impacts of law’s financialization on multilayer access to justice.