The purpose of this paper is threefold. First, we identify the qualities of good justice in Switzerland, as defined by the various actors who form the tribunal in a broad sense (judges, court managers, lawyers, journalists, politicians). Second, we verify if these qualities are compatible with the values conveyed by the managerial universe (NPM). Finally, we evaluate how they coexist (hybridization, dominance over each other, etc.). To do this, we analysed a series of semi-structured interviews (56) conducted in tribunals of first and second instance in civil, administrative, and criminal courts in the three linguistic regions of the country. The results show that the groups of actors interviewed have relatively similar expectations that do not seem to be incompatible with those of the managerial world. However, when describing good justice, the participants refer more frequently to concepts related to the commercial than the industrial world, contrary to other Swiss public servants but in line with those of Quebec, as uncovered by former studies. The article opens up the path to further research whose objective will be to test those conclusions.

In this paper, I suggest that the concept of incitement as a way of identifying hate speech sometimes locates the harm caused by speech in the wrong sorts of places. Hate speech expressed in the form of “reasoned argument” or academic debate by persons with the relevant authority or expertise potentially causes more harm, though perhaps in less obvious ways. Literature on the concept of authority has demonstrated the way authoritative speakers or speakers with perceived expertise are able to secure uptake for their views. In this paper, I demonstrate how authority and expertise can also be manufactured, enabling speakers to secure uptake in the same sorts of ways as legitimately authoritative or expert speakers. While I am not suggesting legal penalties for speakers who manufacture authority in these ways, I am arguing that we should nevertheless be sensitive to the ways in which this can occur, how it might cause various kinds of harm, and how these harms might be mitigated.

Sensory trademarks present a compelling case in which to explore the senses as “containers of possibility,” and this article explores the emergence and logic of sensory trademarks from a legal and marketers’ perspective. Using sensory trademark cases from the United States, I suggest that the current socio-legal environment opens a conversation about what I would call sensory capitalism—the monetization of the senses rather than the propertization of the senses—that requires intellectual property law to properly function. I argue that the sensory model espoused by the trademarking of the senses is one of the mass sensorium, whereby the “audience” universally recognizes marks as designating a particular source or origin of goods. The mass sensorium offers something quite novel, however, because embedded in it is the (corporate) promise of a lingua franca that valorizes all of the senses and generates a type of mediated affect that is shared.

This paper examines gender relations within Ontario's Osgoode Hall Law School from the 1920s to the 1960s, focussing on the women who entered the school during this period. It analyzes their backgrounds and motives for entering law school and it also examines their experiences at the school and as articling students. This paper argues that the legal profession's insistence on its masculine nature shaped women law students' attempts to construct their own professional identities and to reconcile their professionalism with their gender, ethnic and racial, and class backgrounds (the majority of these women were Anglo-Celtic and middle-class). Yet while masculinity was the norm for both the profession and the law school, it was not a static, monolithic construct; it was constructed and expressed in a number of ways by male students and instructors at Osgoode Hall, particularly in the pages of the student press and through the activities of O s goode's student organization. Such struggles to define male law students' identities invariably affected women law students; in turn, through the Women's Law Association of Ontario, they worked to create an alternative space where women lawyers and students could work for change and attempt to reconcile professionalism and middle-class femininity.

The author presents the main results of a research project concerning inquiries conducted by the Commission des droits de la personne et des droits de la jeunesse du Québec concerning rights violations in youth readaptation centres. She goes on to discuss the efficacy of the inquiry mechanism as guarantor of the rights of youth housed in these facilities. Over the ten year period in question the Commission repeatedly affirmed that the use of solitary confinement as a disciplinary measure violated the fundamental rights of these youth. Nevertheless, an examination of the inquiry files demonstrates that this measure is still employed, despite changes in terminology and overall policy. The analysis also reveals that Commission pronouncements are sometimes contradictory and that their recommendations are often not followed-up on with much diligence.

This research note on the use of the Canadian and Quebec Charters of Rights in social matters shows that judicial proceedings have limited success. Even reinforced by the Charters, the concept of social cohesion is powerless when faced with legislative changes that have undermined social law. The paper traces broadly some recent modifications to social programs in Quebec and on the Canadian federal level in order to determine their impact on social law. To do so, we focus on the fiscal treatment of such programs.

Trinity Western University’s Community Covenant has been the subject of public and legal attention with specific reference to a proposed law school. At the heart of much of the contention about the law school, opponents have expressed concern about the provisions in the Covenant that restrict the rights of LGBTQI+ students—their identities and relationships. While much of the focus has been on the potential harm for LGBTQI+ students, and the expectation that law schools uphold Charter values—the voices of queer students and allies have largely been sidelined. This article offers space for LGBTQI+ students, staff and allies to discuss their lived experiences of sexual diversity and the harm facing the queer community at Trinity Western University. As they state, the Covenant is only a part of the issue; the culture it supports is what needs to change.

Le contrôle excessif est considéré par différents organismes communautaires et institutions du Québec comme une des représentations des violences basées sur l’honneur (VBH) au même titre que les mariages forcés, les mutilations génitales féminines (MGF) et les violences physiques ou psychologiques. En 2016, pour la première fois, le législateur québécois a ajouté le contrôle excessif à la liste des mauvais traitements psychologiques explicitement reconnus par la Loi sur la protection de la jeunesse (LPJ). Toutefois, aucune définition juridique, jurisprudentielle, politique ou même doctrinale du contrôle excessif n’accompagne cette reconnaissance juridique. Pourtant, il existe, sur le terrain et dans différentes décisions judiciaires, des situations où l’existence du contrôle excessif est reconnue par divers intervenants du système. L’objectif du présent article est d’appréhender le phénomène du contrôle excessif à partir, d’abord, d’un examen doctrinal et juridique, autant fédéral que provincial, concernant les VBH en général, et ensuite, d’une analyse jurisprudentielle des décisions de la Chambre de la Jeunesse de la Cour du Québec associées particulièrement au contrôle excessif. Le tout permettra de proposer une définition du contrôle excessif dans le contexte des VBH, dans le but de mieux identifier cette violence intrafamiliale spécifique et de mieux intervenir auprès des victimes et de leur famille.

Codes of ethics and Codes of deontology are proliferating in various domains. This paper investigates this social phenomenon by analyzing these codes, how they are justified and how they are applied. This analysis shows that two conflicting approaches are at work in this particular form of social regulation. The first approach is grounded in the traditional, legal sanction of human conduct. The second approach, notwithstanding the legal framework present at its inception, assumes that ethical advances are possible through the recogniton and adoption of shared values. Awareness of this tension between the two approaches to the social regulation of occupational activity sheds light on one aspect of modern legal criticism: the dominance of law over all other forms of social regulation.

This paper enlarges the discussion of normative systems by arguing that the professional domain is just as normatively “gendered” as any such systems at the societal level. Taking off from recent media discussion, the author underlines the extent to which the implicit normative systems of the work world are overwhelmingly male and she demonstrates how the currently accepted definitions distort our understanding not only of women's work but also of men's. She employs her recent research on women professionals (particularly architects and engineers) to argue that a variety of definitional norms of the professions are credible, but that these are differentially exclusive of women. She ends with a wide-ranging discussion of definitional criteria for feminists which would serve to ensure that women's modal experience within professional arenas is included to the same extent as men's, for women's contributions to the workplace can only be grasped if male normative approaches are abandoned.

Based on a small qualitative study of three religious freedom cases, this article uses litigant narratives as springboards for reflection on the theme of inclusion in the Canadian political community. The article attends to the affective dimension of inclusion, focusing on whether participants felt included or excluded. Successful litigants told narratives of Canada as a country in which they could be included in public life without forgoing their religious practices. The narratives of unsuccessful litigants were more complex. These particular litigants did not have a desire to participate in public practices and institutions. Rather, their narratives understood religious freedom on a contractual basis, portraying their loss in court as a breach of covenant. Moreover, though these narratives contained themes of rejection and exclusion, participants said that they had faith enough in their eventual success that they would stay in Canada rather than emigrate.

This paper shows the role of the courts in the advancement of gay and lesbian rights to be restricted to intervening when three conditions are present: after legislation has been felt by minority groups to be deficient; where stating principles rather than implementing them is involved, and when legislative modification is difficult to achieve because amendment of a rigid constitution is out of question, or in parts of the country where political conservatism has a similar effect. Decisions are grounded on equality, while other values put forward by gays and lesbians such as dignity, recognition, respect of identity and difference and social concerns will be endorsed only by dissenting judges, unless the majority is sure that their mention will have no practical consequence. However, this modest victory was not achieved at the cost of representing gays' and lesbians' interests or values as common with those of the dominant heterosexual majority. On the contrary it seems that the affirmation of the “right to difference,” centered on diversity, and the openness of this constructed identity might have led to a chain reaction starting with the evolution of public opinion as a consequence of lobbying and education by the gay/lesbian community, proceeding to create a new balance of power, more favourable to the gay/lesbian minority, and finally reaching more respect from courts and legislatures alike.

Most, if not all, high school graduates have experienced the following event at some stage of their academic careers. Their teacher wishes to leave the classroom but is fearful about the noise level that will ensue after he or she departs, and so issues the following stern warning to the class:

La politique actuelle de réconciliation qui guide les rapports que l’État canadien entretient avec les peuples autochtones affiche une certaine discontinuité en matière de reconnaissance de leurs droits religieux. D’une part, les gouvernements accordent aux Autochtones certains privilèges à des fins de valorisation de leurs particularismes religieux dans l’espace public, d’une manière qui ne s’étend pas nécessairement à d’autres segments de la société. Parallèlement, par l’entremise de lois et d’ententes politiques, des nations autochtones se sont vu reconnaître des droits et privilèges en lien avec leur sphère religieuse, lesquels demeurent toutefois largement assujettis au cadre normatif établi par la majorité. Enfin, les tribunaux peinent jusqu’à présent à considérer les particularismes religieux des nations autochtones en tant que motif décisionnel. Cette reconnaissance à géométrie variable laisse transparaître un relent de colonialisme suivant lequel la dimension symbolique est valorisée, au détriment des avenues susceptibles de mener à une réelle autonomie des nations autochtones en matière d’expression religieuse.