Faculty of Law

Faculty of Law

CanLII: Commentary

The CanLII (Canadian Legal Information Institute) website contains legal cases and legislation and a growing number of books, journals, and articles. The Commentary page on CanLII provides access to various resource types of secondary law materials. Refer to the licensing applied to the individual resources on the website for permissions on their use. The following resource is an example of a casebook from the CanLII website:

1. Tort Law: Cases and Commentaries, 2nd Ed.

The law of obligations concerns the legal rights and duties owed between people. Three primary categories make up the common law of obligations: tort, contract, and unjust enrichment. This coursebook provides an introduction to tort law: the law that recognises and responds to civil wrongdoing. The material is arranged in two parts. Part I comprises §§111 and addresses intentional and dignitary torts and the overarching theories and goals of tort law. Part II comprises §§1225 and addresses no-fault compensation schemes, negligence, nuisance, strict liability, and tort law’s place within our broader legal systems. This coursebook was compiled and edited by Assistant Professor Samuel Beswick of the University of British Columbia Peter A. Allard School of Law. Maddison Zapach (J.D. expected 2023) provided research assistance on the first edition (published July 2021). We gratefully acknowledge the influence on our approach to this subject of Professor Joost Blom QC of the Allard School of Law, Professor John C.P. Goldberg of Harvard Law School, and Associate Professor Rosemary Tobin of the University of Auckland Faculty of Law. The support of Open UBC and the UBC Teaching and Learning Enhancement Fund is also gratefully acknowledged (Description from resource).

Licence: CC BY-SA

eAccess to Justice

Will digitization projects affect fundamental justice principles? Part I examines claims that technology will improve justice system efficiency with an emphasis on the complicated relationship between privacy and transparency. Part II examines the implementation of technologies in the justice system and the associated challenges and emphasizes that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system. The chapters in Part III adopt the standpoints of sociology, political theory and legal theory and provide a unique and valuable framework for thinking with the required sophistication about legal change (Description from University of Ottawa Press). This resource is an open access publication.

Licence: CC BY-NC-SA 3.0

eGirls, eCitizens

eGirls, eCitizens is a landmark work that explores the many forces that shape girls’ and young women’s experiences of privacy, identity, and equality in our digitally networked society. Drawing on the multi-disciplinary expertise of a remarkable team of leading Canadian and international scholars, as well as Canada’s foremost digital literacy organization, MediaSmarts, this collection presents the complex realities of digitized communications for girls and young women as revealed through the findings of The eGirls Project (www.egirlsproject.ca) and other important research initiatives. Aimed at moving dialogues on scholarship and policy around girls and technology away from established binaries of good vs bad, or risk vs opportunity, these seminal contributions explore the interplay of factors that shape online environments characterized by a gendered gaze and too often punctuated by sexualized violence. Perhaps most importantly, this collection offers first-hand perspectives collected from girls and young women themselves, providing a unique window on what it is to be a girl in today’s digitized society (Description from University of Ottawa Press). This resource is an open access publication.

Licence: CC BY-NC-SA 3.0

Game-Day Gangsters: Crime and Deviance in Canadian Football

In the complicated interaction between sport and law, much is revealed about the perception and understanding of consent and tolerable deviance. When a football player steps onto the field, what deviations from the rules of the game are considered acceptable? And what risks has the player already accepted by voluntarily participating in the sport? In the case of Canadian football, acts of on-field violence, hazing, and performance-enhancing drug use that would be considered criminal outside the context of sport are tolerated and even promoted by team and league administrators. The manner in which league review committees and the Canadian legal system understand such actions highlights the challenges faced by those looking to protect players from the dangers of the sport. Although there has been some discussion of legal and institutional reforms dealing with crime and deviance in Canadian sport, little exists in the way of sports law, with most cases falling into the legal categories of criminal, administrative, or civil law. In Game-Day Gangsters, Fogel argues for a review of the systems by which Canadian football is governed and analyzes the reforms proposed by football leagues and by players. Juxtaposing material from interviews with football players and administrators and from media files and legal cases, he explores the discrepancies between the players’ own experiences and the institutional handling of disciplinary matters in junior, university, and professional football leagues across the country (Description from Athabasca University Press). This resource is an open access publication with a No Derivative CC Licence restriction, which does not allow for remixing or adaptation.

Licence: CC BY-NC-ND 2.5, (Note: assigning sections is permitted, but adaptations are not allowed without permission)

Law and the “Sharing Economy” – Regulating Online Market Platforms

The rapid expansion of sharing economy platforms has generated enormous controversy. Law and the “Sharing Economy” closely examines the challenges that arise from this phenomenon with regard to labour, market, technology and regulation through a legal and interdisciplinary lens. The controversy stems partially from the economic impact—most acutely in certain sectors such as Uber vs taxi drivers and Airbnb vs hotels—and partially from other related consequences such as a trend toward precarious work or an impact on real estate speculation. While governments in some jurisdictions have attempted to rein in the platforms, technology has enabled such companies to bypass conventional regulatory categories, generating accusations of “unfair competition” as well as debates about the merits of existing regulatory regimes (Description from University of Ottawa Press). This resource is an open access publication.

Licence: CC BY-NC-SA 3.0

The Law is (Not) for Kids: A Legal Rights Guide for Canadian Children and Teens

In this practical guide to the law for young people of Canada, Ned Lecic and Marvin Zuker provide an all-encompassing manual meant to empower and educate children and youth and those that serve them. The authors address questions about how rights and laws affect the lives of young people at home, at school, at work, and in their relationships as they draw attention to the many ways in which a person’s life can intersect with the law. Deliberately refraining from taking a moral approach, the authors instead advocate for the rights of children and provide examples of how young people can get their legal rights enforced. In addition to being critical information for youth about citizenship, The Law is (Not) for Kids is a valuable resource for teachers, counsellors, lawyers, and all those who support youth in their encounters with the law (Description from Athabasca University Press). This resource is an open access publication with a No Derivative CC Licence restriction, which does not allow for remixing or adaptation.

Licence: CC BY-NC-ND 4.0, (Note: assigning sections is permitted, but adaptations are not allowed without permission)

Law, Privacy and Surveillance in Canada in the Post-Snowden Era

Years of surveillance-related leaks from US whistleblower Edward Snowden have fuelled an international debate over privacy, spying, and Internet surveillance. Much of the focus has centered on the role of the US National Security Agency, yet there is an important Canadian side to the story. The Communications Security Establishment, the Canadian counterpart to the NSA, has played an active role in surveillance activities both at home and abroad, raising a host of challenging legal and policy questions. With contributions by leading experts in the field, Law, Privacy and Surveillance in Canada in the Post-Snowden Era is the right book at the right time: From the effectiveness of accountability and oversight programs to the legal issues raised by metadata collection to the privacy challenges surrounding new technologies, this book explores current issues torn from the headlines with a uniquely Canadian perspective (Description from University of Ottawa Press). This resource is an open access publication.

Licence: CC BY-NC-SA 3.0

Legal Literacy: An Introduction to Legal Studies

To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves (Description from Athabasca University Press). This resource is an open access publication with a No Derivative CC Licence restriction, which does not allow for remixing or adaptation.

Licence: CC BY-NC-ND 4.0 (Note: assigning sections is permitted, but adaptations are not allowed without permission)

Vulnerable: The Law, Policy and Ethics of COVID-19

This essay collection was published early during the covid-19 pandemic and confronts the vulnerabilities that have been revealed by the pandemic and its consequences. It examines vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance, and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices affect us all. COVID-19 has forced us to not only reflect on how we govern and how we set policy priorities, but also to ensure that pandemic preparedness, precautions, and recovery include all individuals, not just some (Description from University of Ottawa Press). This resource is an open access publication.

Licence: CC BY-NC-SA 4.0


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