Osgoode Hall Law School Hosts Tri-National Meeting on Labour Rights

Third Tri-National Meeting on Labour Rights under CUSMA-USMCA-T-MEC held on December 9-10. 2024

The Third Tri-National Meeting on Labour Rights under CUSMA-USMCA-T-MEC brought together academics, lawyers, trade unionists, and representatives from Mexico, the United States, and Canada, to discuss challenges, successes, and reform opportunities in enforcing worker rights across North America.

“With its strong connections to the labour law community and its role as a hub for legal scholarship and public policy, Osgoode provides an ideal platform for this vital dialogue,” said Professor Sara Slinn of Osgoode Hall Law School, who co-organized the meeting alongside Mark Rowlinson of Goldblatt Partners LLP.

The renegotiated trade agreement, effective July 1, 2020, introduced a revised Labour Chapter and the innovative Facility-Specific Rapid Response Mechanism (RRM). While the RRM has emerged as a promising tool for enforcing labour rights, four years of implementation reveal gaps requiring reform to meet labour justice goals.

With the agreement’s six-year joint review approaching, participants convened on December 9-10, 2024, to evaluate its effectiveness. Discussions focused on updates on Mexico’s labour law reforms, case studies under the RRM, comparisons of practical outcomes versus theoretical expectations of the Labour Chapter, and practitioner and academic insights on addressing challenges. Moderated discussions also explored options for reform.

This meeting underscored the critical importance of prioritizing workers’ rights in trade agreements. By assessing current mechanisms and exploring potential reforms, participants aimed to shape the future of labour rights enforcement across North America.

 

Financial support for this Workshop provided by: the Nathanson Centre on Transnational Human Rights, Crime and Security at Osgoode Hall Law School, York University; the Labour Program of Employment and Social Development Canada (ESDC); the Canadian Association of Labour Lawyers; the Centre for Industrial Relations & Human Resources at the University of Toronto; Goldblatt Partners LLP; Unifor, Osgoode Hall Law School, York University.

The Osgoode Hall Law School Library: A Premier Resource for Legal Scholarship

The Osgoode Hall Law School Library is Canada’s leading law library, celebrated for its extensive and diverse collection. It serves as a cornerstone of legal education and research, offering valuable resources to students, faculty, legal scholars and practitioners. Among its most distinguished holdings is the Supreme Court of Canada (SCC) factum collection, which represents a critical part of Canada’s legal history.

The SCC Factum Collection: A Unique Legal Resource

The SCC factum collection was donated in the late 1990s by the former Law Society of Upper Canada Great Library (now the Law Society of Ontario). It includes volumes from Volume 1 (1877) to Volume 103 (1981). These factums, submitted to the Supreme Court of Canada, offer invaluable insight into legal arguments that shaped landmark cases. Currently housed in the John R. Cartwright Rare Book Room, the collection is a rich resource for legal historians and researchers, but it currently lacks organization and indexing tools, making it difficult to navigate.

Professor Patricia McMahon, a leading scholar in legal history, recognized the potential of this collection while conducting research for her upcoming book. “The SCC factum collection is a critical part of Canada’s legal heritage,” she explains. “By developing an index, we can unlock this treasure trove of legal history, making it accessible to researchers and future generations.”

Supporting Legal Research and Education

To address the accessibility issues, Professor McMahon applied for a grant through Osgoode’s Research Intensification Fund to create an index for the collection. This index will help researchers locate key case information, filing dates, and citation details, and will support students in her Legal Biography seminar. The project aims to enhance the utility of the collection for legal historians, students, scholars and practitioners alike.

The long-term goal is to digitize the SCC factum collection, ensuring the preservation and global accessibility of these historically significant documents. “Digitizing the collection will make it easier for scholars and students worldwide to engage with this invaluable resource,” says Yemisi Dina, Chief Law Librarian at Osgoode. “This is an essential step in preserving Canada’s legal history for future generations.”

A Leader in Legal Research

The SCC factum collection exemplifies the Osgoode Hall Law School Library’s commitment to supporting legal research and education. “By maintaining and expanding resources like the SCC factum collection, we support not only the academic community but also the broader legal profession,” says Dean Trevor Farrow. “The library continues to set the standard for excellence in legal research, advancing our understanding of Canadian law and its evolution.”

The Osgoode Hall Law School Library’s ongoing work to organize, index, and eventually digitize the SCC factum collection underscores its vital role in preserving and disseminating legal scholarship, ensuring that these critical resources remain accessible for generations to come.

New OsgoodePD program enhances training for legal associates

Alan Young, Legal Trailblazer and Beloved Osgoode Professor, Passes Away at 69

Collage of photos of Alan Young. Left: Alan teaching in the 90s. Middle: Alan talking to a student in the hallway Right: Alan's headshot

The Osgoode Hall Law School community is mourning the loss of Professor Alan Young, a distinguished legal scholar, advocate, and mentor, who passed away on December 7, 2024, at the age of 69. Known for his ground-breaking legal challenges and unwavering commitment to justice, Professor Young leaves behind a legacy that profoundly shaped Canadian law and inspired generations of students.

Dean Trevor Farrow shared the community’s grief, stating, “I write with the sad news that our former colleague Professor Alan Young died this weekend. Known and loved by many of our colleagues and generations of students, Alan was a trailblazer who made huge contributions not only to Osgoode, but to the law and legal profession in Canada.”

Professor Young’s remarkable career began with his graduation from Osgoode Hall Law School in 1981, followed by a clerkship with Chief Justice Bora Laskin at the Supreme Court of Canada. He earned his LLM from Harvard Law School before returning to Osgoode in 1986 as an Associate Professor.

As Co-Founder and Director of Osgoode’s Innocence Project, Professor Young led JD students in investigating wrongful convictions, cultivating a passion for justice that defined his life’s work. His small criminal law practice focused on challenging state authority to criminalise consensual activities, and his efforts led to ground-breaking legal reforms.

Among his most notable accomplishments was his involvement in Canada (AG) v. Bedford (2013 SCC 72), a landmark Supreme Court case that struck down Canada’s prostitution laws as unconstitutional. His advocacy for medical marijuana patients resulted in federal regulations permitting its medicinal use. Canadian Lawyer magazine recognised his contributions, naming him one of the “Top 25 Most Influential” in the justice system and legal profession multiple times.

Beyond the courtroom, Professor Young was a gifted teacher and mentor who left a profound mark on his students. Justice James Stribopoulos of the Superior Court of Justice reflected, “Alan Young changed my life. His passion for criminal law was infectious, and many caught the bug from him. There is a whole generation of leading criminal lawyers in Canada whose beginnings are traced directly to Alan. He was a mentor to so many of us, tireless in his support both before and after graduation.”

Alan Young was also an esteemed colleague. Adam Parachin, a former Osgoode student and current professor, shared, “Alan was brilliant and a ‘one of a kind’ character. His sharp wit made Criminal Law an early favourite of mine at Osgoode. Most importantly, Alan accepted me and helped me pursue a career in academia. I was blessed to have known him.”

A prolific advocate for justice, Professor Young’s work challenged societal norms and state authority. His 2003 book, Justice Defiled: Perverts, Potheads, Serial Killers and Lawyers, captured his incisive intellect and his commitment to using the law as a tool for positive social change.

Dean Farrow expressed condolences on behalf of the Osgoode community: “On behalf of the entire Osgoode community, I send our warmest wishes, support, and gratitude to Alan’s family.”

Professor Alan Young’s passing is a profound loss to the legal profession, but his legacy endures in the laws he helped reform and the lives of the students and colleagues he inspired.

Angela Swan: A Legacy of Excellence in Contract Law

Student presenting Angela Swan with Flowers, Angela holding the flowers

On 27 November 2024, Angela Swan taught her final contract law class at Osgoode Hall Law School. After more than 60 years of teaching, this final class brings to a close of a remarkable teaching career that has shaped generations of lawyers and transformed contract law in the legal profession. A nationally recognized lawyer and educator, Angela has not only mentored countless students, but also contributed significantly to the development of legal teaching and scholarship at Osgoode and in Canada. Her final class was celebrated with flowers and cupcakes, a fitting tribute to an instructor beloved by her students.

“Professor Swan is known for her engaging teaching style and approachable nature. I frequently saw Angela in the law school’s bistro early in the morning, meeting with groups of first-year law students, fully immersed in conversation. I am so grateful for her remarkable contributions. Angela has left an enduring impression both inside and outside the classroom,” said Trevor Farrow, Dean of Osgoode Hall Law School. “She has inspired so many people, including several of my faculty colleagues, who are proud to be among Angela’s former students.”

Widely regarded as a leading authority in contract law, Angela’s career has spanned more than six decades. She has educated generations of students, shaped Canadian contract law, and provided expert legal counsel in some of the country’s most complex cases.

Angela’s scholarly contributions are significant, including a wide array of papers, reviews, books, case comments, and annotations on various topics, including contract law. Her seminal work, Canadian Contract Law, remains a foundational text in law schools across Canada and has been cited multiple times by the Supreme Court of Canada.

Beyond academia, Angela is often consulted as an expert witness in high-stakes legal matters, where the combination of her scholarly understanding, practical experience, and ethical judgment are highly regarded.

Throughout her career, Angela has received numerous accolades, including an Honorary Doctor of Laws from the Law Society of Ontario in 2019, an honorary degree from McGill University in 2021, and the Ontario Bar Association’s Award for Distinguished Service in 2016. In 2007, her book Canadian Contract Law was awarded the prestigious Walter Owen Book Prize.

Angela’s final class at Osgoode was not just a farewell, but also a moment to reflect on her profound influence on legal education. Through her unwavering dedication to the development of students and lawyers, Angela has made a remarkable contribution to the legal profession in Canada.

As Osgoode bids farewell to one of its most beloved and distinguished adjunct faculty members, Professor Swan’s legacy will continue to inspire students, practitioners, and scholars for generations to come.

Osgoode Students Conquer OTLA Cup Victory

Osgoode Hall Law School continues to set the standard for excellence in advocacy, as third-year JD students Nicholas Magee and Daniela Hartmann claimed top honours at this year’s Ontario Trial Lawyers Association (OTLA) Cup held at Queen’s University. Their victory, marked by the unveiling of the championship banner, is a proud milestone for the school and its students.

Magee and Hartmann showcased exceptional advocacy skills in this high-stakes trial competition, earning the prestigious Clifford Bergeron Award for Best Team. Individually, they excelled as well—Magee’s persuasive opening arguments earned him the Best Opening Prize, while Hartmann’s captivating, note-free closing secured the Bruce Hillyer Award for Best Closing. Adding to the team’s success was third-year JD student Matthew Sullivan, whose compelling role as a witness added crucial depth to their case.

The team’s triumph reflects the intensive preparation and expert mentorship provided by their accomplished coaches, Ryan Breedon ’03 and Ngai On Young ’04. Through rigorous training, the students honed their advocacy abilities to meet and exceed the competition’s challenging standards.

Now displayed prominently at Osgoode, the championship banner symbolizes the school’s commitment to fostering student success and excellence in legal advocacy. It serves as both a celebration of this year’s achievement and an enduring source of inspiration for future advocates striving to make their mark.

Osgoode Faculty Engage with Technology’s Impact on Justice

Professor François Tanguay-Renaud presenting at both conferences

The rapid advancement of technology is transforming industries worldwide, and the justice system is no exception. From artificial intelligence (AI) to internet-related legal challenges, new technologies are raising complex questions that require informed responses from the legal profession. Faculty members at Osgoode Hall Law School are helping to address these issues through research, analysis, and engagement with legal professionals.

One such faculty member is Professor François Tanguay-Renaud, known for his work in criminal law and legal theory. In recent weeks, he has been invited to speak at key events, offering his expertise on pressing legal questions arising from technological change.

AI and the Canadian Justice System

On November 7, Professor Tanguay-Renaud presented at the Court of Quebec’s annual judges’ conference in Montreal, where he spoke on the implications of artificial intelligence for the Canadian criminal justice system. His presentation covered AI’s current and potential applications in areas such as policing, judicial decision-making, evidence gathering, production, and assessment.

As AI tools become more prevalent in law enforcement and the courts, legal professionals face challenges in understanding and addressing their implications for fairness, transparency, and accountability. Professor Tanguay-Renaud’s presentation provided valuable perspectives on balancing technological innovation with the protection of individual rights.

Charter Protections and Digital Privacy

On November 15, Professor Tanguay-Renaud delivered a presentation to the Ontario defence bar at the Criminal Lawyers’ Association’s Fall Conference. His talk focused on the recent Supreme Court of Canada decision in R. v. Bykovets (2024 SCC 6), which addressed the scope of Charter protections against unreasonable search and seizure in the context of internet-related investigations.

The decision has significant implications for privacy rights and law enforcement practices in the digital era. Professor Tanguay-Renaud outlined the key aspects of the ruling and discussed its impact on cases involving online searches and seizures, providing practical insights for defence lawyers.

Osgoode’s Role in Navigating Legal Challenges

These recent engagements reflect Osgoode Hall Law School’s ongoing commitment to addressing the challenges posed by technological change in the legal field. Faculty members like Professor Tanguay-Renaud are contributing to critical discussions that help legal professionals navigate the evolving landscape of law and technology.

As technology continues to influence the justice system, Osgoode faculty remain actively involved in providing research, analysis, and guidance to support a fair and effective legal system.

Exploring the World Through Law: Osgoode’s Exchange Program Inspires Students to Study Abroad

Osgoode students and alumni on exchanges in Europe.

“What I wish someone had told me earlier was: just do it. In retrospect it was the best time of my entire life, it put my whole life into perspective and took me out of my Osgoode bubble,” said Armon Ghaeinizadeh ’24, reflecting on his exchange experience at the University of Kent, England. His words struck a chord with the students who attended Osgoode Hall Law School’s Exchange Program Q&A session, an event aimed at first- and second-year JD students interested in studying abroad.

Held on November 13, the session began with an introduction from Dr. Carys Craig, Associate Dean of Research and Institutional Relations, who underscored the transformative potential of exchange programs. Dr. Craig highlighted how these opportunities provide fresh perspectives on law, promote cultural understanding, and help students build international networks that can shape both their personal and professional paths.

Current students and alumni shared personal stories about the impact of studying abroad. JD student Alice Sandiford, who studied at Trinity College Dublin, described the experience as “the kind of experience you don’t get when you’re [at home] – being able to go to different places while you’re studying, while you’re learning, it’s really interesting.” She added, “Ultimately the law is an academic tool, and you can choose what you want to do with it, and being on an exchange makes you realize that there are so many more opportunities out there.”

Geneviève Roots ’24, echoed similar sentiments about her time at the University of Kent, where she observed that law schools abroad often encourage a balanced lifestyle. “The amount of personal growth I experienced while exploring Europe was incredibly rewarding and something I’ll always be grateful for,” she noted, emphasizing the value of connecting with locals.

For Brandon Pierre ’24, who studied at Katholieke Universiteit Leuven in Belgium, the most valuable takeaway was an expanded worldview.  “The best part about the exchange was the experience of having a legal education in another jurisdiction, and seeing how much of international law influences domestic law was really eye-opening,” he said.

“I learned that the world may all have laws, but each individual place has a unique system of laws,” shared Melissa MacDonald ’24 about her exchange at the University of Edinburgh. “The legal doctrines in Scotland may be similar to Canada, but the cases, nuances, and details of the law were slightly different. I am forever grateful for having my legal horizon expanded by going on exchange.”

Osgoode’s Exchange Program, along with its experiential education initiatives, mooting, and clinical opportunities, enriches the academic journeys of JD students by providing access to global learning experiences. For more information on Osgoode’s Exchange Program and its partner institutions, visit the website.

The Comparative Labor Law & Policy Journal Begins a New Era at Osgoode Hall Law School

Valerio DeStefano and Sara Slinn

The Comparative Labor Law & Policy Journal (CLLPJ), the leading international journal on labour law and policy, is embarking on an exciting new chapter at Osgoode Hall Law School, beginning in Fall 2024. Renowned for its rigorous scholarship on labour and employment law, social policy, and comparative labour systems, it plays a crucial role in advancing global understanding of labour issues that impact economies, workforces, and legal systems.

With Osgoode’s longstanding commitment to legal excellence, equity, and impactful scholarship, the journal’s new home will enhance its global influence on labour issues and reinforce Osgoode’s reputation as a leader in labour and social policy. “This transition perfectly aligns with Osgoode’s mission to foster innovative, interdisciplinary research and tackle complex challenges in labour and employment law,” said Dean Trevor Farrow.

Professors Valerio De Stefano and Sara Slinn, globally respected experts in labour rights, technology, and collective bargaining, will take the helm as editors-in-chief. Their leadership marks a fresh new vision for CLLPJ, focusing on:

  • Broadening the scope to include emerging issues in labour and technology, globalization, and policy innovation.
  • Expanding interdisciplinary and comparative approaches to labour law scholarship.
  • Encouraging contributions that address global labour challenges, inequality, collective bargaining coverage, sustainable businesses, and other topics that resonate with SDGs.

Osgoode students will play an integral role through a unique course that immerses them in academic publishing and CLLPJ’s editorial processes, offering hands-on experience that develops professional skills in analysis, editing, and legal scholarship.

Osgoode Hall Law School invites scholars, practitioners, and students to engage with CLLPJ as it advances global dialogue on pressing labour issues, supports sustainable labour practices, and shapes the future of labour law and policy. “This new era of CLLPJ at Osgoode promises to expand the journal’s reach and deepen its impact on labour law scholarship worldwide,” said Dean Farrow.

Osgoode Immigration and Refugee Researchers Receive 2022/23 Martin Felsky Award

Sean Rehaag and Jon Khan