Bulletin ACPD-CALT Bulletin

December 19 2022 decembre 19

Become a CALT member Devenir membre de l'ACPD

- Constitutional Crossroads Conference at Allard
- New Book by Prof. S. van Praagh (25% off)
- Baxter Family Federalism competition (students & early career)

Items relevant to teaching and learning in legal education can be sent by members to [email protected] re: ACPD-CALT Bulletin. We post positions available in the Canadian legal academy on our website when they come to our attention.

Nous publions les postes disponibles dans l'académie juridique canadienne sur notre siteweb lorsqu'ils sont portés à notre attention. Les nouvelles pertinents à l'enseignement et à l'apprentissage en éducation juridique peuvent être envoyés à [email protected] au sujet de: Bulletin ACPD CALT.

Bulletin ACPD-CALT Bulletin

October 2022 Octobre

matières - contents

1. CALT Awards - Les prix ACPD
2. New colleagues in the Canadian legal academy - Nouveaux collègues dans l'académie juridique canadienne: Allard
3. Congress 2023 Congrès Call / Appel
4. External Announcements - Annonces externes

Items relevant to teaching and learning in legal education can be sent to [email protected] yorku.ca re: ACPD-CALT Bulletin.

Les nouvelles pertinents à l'enseignement et à l'apprentissage en éducation juridique peuvent être envoyés à [email protected] au sujet de: Bulletin ACPD CALT.

Student Evaluations of Teaching:  A Short, Annotated, List of Resources

June 2022

Download a .docx version here. 

(important additions? write to [email protected] or [email protected])

Peter A. Allard School of Law University of British Columbia

Tenure-Track or Tenured Indigenous Faculty Appointment

See job ad on the Allard UBC Law website here or text below.

The Peter A. Allard School of Law at the University of British Columbia seeks to recruit an outstanding Indigenous faculty member and invites applications from Indigenous candidates for a full-time tenuretrack or tenured appointment, ideally at the rank of Assistant or Associate Professor. It is hoped that the position will commence July 1, 2023, subject to negotiation with the successful candidate. The successful candidate will be appointed to the rank appropriate to their qualifications and experience. Salary will be commensurate with qualifications. The position is subject to budgetary approval.

CALT is really grateful to this amazing group of professors who brought us a wonderful workshop on Incorporating disability into the curriculum on June 29 2022. 

• David Lepofsky – Disability Advocate, Adjunct Professor of Law, University of Toronto and Chair of the Accessibility for Ontarians with Disabilities Act Alliance

• Laverne Jacobs – Professor, Faculty of Law, University of Windsor and lead author and General Editor Law and Disability in Canada: Cases and Materials. Lexis Nexis 2021.

Co Authors

• Odelia Bay – PhD Student, Osgoode Hall Law School, York University
• Ruby Dhand – Associate Professor, Faculty of Law, Thompson Rivers University
• David Ireland – Associate Professor, Faculty of Law, University of Manitoba
• Richard Jochelson – Dean, Faculty of Law, University of Manitoba
• Freya Kodar – Associate Professor, Faculty of Law, University of Victoria

Anna Lund, Associate Professor, Faculty of Law, University of Alberta (moderator)

David Lepofsky opened the session, describing his report on this topic, originally written for Osgoode Hall Law School and soon to be published in the Windsor Yearbook of Access to Justice as a paper. David noted that he’s given talks at many schools on this topic and welcomes requests to do so – just reach out.

The lead author of Law and Disability: Cases and Materials, Laverne Jacobs (also the 2022  winner of CALT’s Academic Excellence Award!) spoke about the aims and scope of book (available here, tell your librarian and your colleagues), which she noted was “inspired by the notable absence of material about the lives of people with disabilities in law school curricula”.  She described it, in part, as  a “necessary part of cultural competency of students, disabled and non disabled alike”. 

Describing how she brings disability into the public law context, Dr. Jacobs (who teaches, inter alia, Admin law) suggested two practical tips.  First, reread an older case in light of changes in the law.  She suggested  Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624, with which many will be familiar, which could be reread to ask whether the Medical Commission properly exercised discretion when it did not include sign language translation on the list of funded services.  Next, she suggested that a more recent case like Vavilov could be read with a disability lens.  Students can be asked to outline the actual impact on people with disabilities, people who access many statutory regimes of benefit provision, for instance.   She also recommended, in the area of equality and human rights law, Disability Rights Coalition v. Nova Scotia (Attorney General), 2021 NSCA 70 (CanLII), <https://canlii.ca/t/jjg28> , noting that it focuses on evidentiary requirements which are often important in disability related cases.

Odelia Bay, a sessional instructor in labour law and PhD candidate at Osgoode Hall Law School talked about how she uses her classroom to model accessibility and contrast it with accommodation, working in her teaching to assume that all her students are people with disabilities.  She also  establishes the difference between social and individual/medical models of disability and how these produce different legal analyses and outcomes.  She noted in particular the complexities of episodic disabilities, cases which challenge the idea of predictability in disability and “accommodation”, pointing to some a case she takes up in her contribution to the volume which involves the return to work of a person with bipolar disorder and the labour arbitration over what accommodations were required.  She noted that cases also offer the possibility of a discussion of social class and private support.  In the case she takes up, the person making the claim was a professor, and the final outcome included insurance payouts which lessened the financial cost of accommodation for the university.  But in many cases, people with disabilities will not have this kind of support.

Freya Kodar teaches in the areas of income support law, pension law, social welfare law and tort law.  Her engagement with disability analysis focuses on the ways that income support law provides income support across life course, but raises many questions about the adequacy of that support.  She particularly noted her efforts to ensure that students are able to problematize the need (in legal contexts) to present disability in a negative light in order to qualify for support.  Students can work on identifying the ways that this fits with the medical model and differs profoundly from how a disability justice approach or a social model/critical model might frame the issue.

David Ireland and Richard Jochelson wrote about disability in the criminal law context, considering in particular jury representations for people with disabilities (pointing out that in the case of Indigenous people in Canada, the percentage of people identifying as disabled seems to be higher and perhaps substantially higher than the 1 in 5 usually cited for the rest of the Canadian population)  and then the work done at inquests into deaths in state “care”, considering not only deaths in custody, but a other contexts as well. Their contribution also considers how mental and physical disability plays a role (or does not) in sentencing decisions. Like many of the presenters, these two emphasized the need to alert students to the failings of the legal profession in its own approaches to access and accommodation.

Finally, Ruby Dhand, who teaches mental health law spoke about her work in teaching this substantive content of mental health law (which, as she pointed out, intersects with a huge number of overlapping legal areas including human rights law, clinical legal education, health law, criminal law) as well as in furthering discussions about and importance of mental health in the profession.  Prof Dhand pointed to the importance of encouraging students to use a trauma informed lens in their own work as lawyers.

This discussion and this book highlight the ways that “disability” issues pervade our law, and people with disabilities are users of all of the doctrine and systems that are used by the non-disabled – with some systems uniquely focused on people with disabilities.  Thus the necessity of including this material and habituating our students to thinking about the way that disability is and should be treated in law seems clear.  Equally, we are teaching in spaces that include people with disabilities and thus must think about our own practices with respect to disability and access.  Finally our students, whether living with disabilities or not and whether planning to practice something that we might label “disability law” or not, must be prepared to have people with disabilities as their clients and colleagues and to respond in professional and appropriate ways to different needs and concern.

Get the book.

CALT is very grateful to all of the presenters in this workshop for their published work and their daily ongoing work to foreground and support the work of access and inclusion in form and practice.

OCCUPATIONAL HEALTH AND SAFETY: A Primer and Strategic Mapping Exercise

Wednesday July 20, 2022 2:00PM EST

You will need to register in advance for this meeting by clicking here.

After registering, you will receive a confirmation email containing information about joining the meeting.

The COVID-19 pandemic has put worker health and safety at the forefront of the news. Over half the workforce of Cargill’s meatpacking plant in High River, Alberta contracted the virus, resulting in at least three deaths. SEIU Healthcare, a union representing front line workers, asked police to investigate after three personal care attendants died from COVID-19, which they had contracted at work. Occupational health and safety law is intended to ensure that workplaces are safe, but not many lawyers have any familiarity with it. Few law schools offer dedicated occupational health and safety courses, while in some others OHS may be touched upon in a related course, but in most the topic is entirely absent from the curriculum. This session aims to provide law professors teaching in adjacent areas of law (e.g., labour & employment; business associations law) with knowledge and strategies for incorporating basic occupational health and safety law into their courses.

The goals of this session are two fold:  

1. To provide law professors with a primer on occupational health and safety law, so that they feel more comfortable incorporating it into their classes, and 
2. To provide law professors with space to consider where and how they might incorporate materials on occupational health and safety into their courses. 

Anna Lund (Moderator), Associate Professor at University of Alberta, Faculty of Law

Eric Tucker (Presenter), Professor at Osgoode Hall Law School, York University

Eric Tucker will deliver the primer on occupational health and safety law.  Eric Tucker has published extensively on occupational health and safety law and teaches a dedicated seminar on the subject at Osgoode Hall Law School.  His primer will cover the following questions   

• What are the key policy goals of occupational health and safety law? What are the big ideas that illuminate this area? 
• What are key sources of occupational health and safety law? What resources could a law professor draw on to learn more about it? 
• Why is it important for students to understand occupational health and safety law? In what circumstances will they encounter it in practice?
• What are some of the new and current questions in occupational health and safety law and scholarship? 

Attendees at this session will be invited to take part in a mapping exercise.

First, they will be asked to identify where they may already be covering occupational health and safety law in their courses.

Next, they will be invited to consider where they might try to incorporate it more substantively in future iterations of their course.  

The Open Casebook Revolution

The open access law book “revolution” (as named by  The Faculty Lounge), is gaining momentum. Open access law books are materials compiled and edited for law students, practitioners and/or the public that are freely hosted on websites and as downloadable, searchable, printable, mark-up-able PDFs. In the United States, dozens of open access law casebooks are popping up on platforms such as SSRN, Open Textbook Library, eLangdell and H2O.

In Canada, CanLII hosts Professor Beswick’s casebook, Tort Law: Cases and Commentaries, and Messrs

 Fiddick and Wardell’s handbook, The CanLII Manual to British Columbia Civil Litigation. These materials are freely available alternatives to commercial cas

ebooks and handbooks, which are typically expensive, heavy, and have a short shelf-life.  

Open access law books have clear practical, pedagogical and societal advantages. On the practical side, compared to commercial alternatives, open access books are simpler to edit, faster to publish, easier to update, and free. On the pedagogical side, they empower flexibility and innovation. They can be more readily structured to suit the editor’s teaching aims. They can link to podcasts 🎧, videos 📺, blogs, news, articles, books, and judgments. Readers can keyword search and highlight text. Students don’t break their backs carrying them. They can also be integrated with quizzes and exam exercises. On the social side, open access legal materials advance access to justice. Commercial materials are often beyond the reach of the public and, in some cases, students.

Open access legal publications help to keep the law accessible.  

This roundtable  will appraise and praise the practical, pedagogical and societal benefits of open access law books for law teachers, students and lawyers. We will begin by taking 10 minutes each to highlight the design innovations of our respective books and the impact we see them having.

We will then discuss among ourselves and with attendees the tricks and challenges for making such materials. We hope to encourage others to venture into creating open access casebooks, handbooks and other resources for students and curious members of the public.  

Sarah Sutherland (session chair), President and CEO, Canadian Legal Information Institute

• Samuel Beswick, Assistant Professor, Peter A. Allard School of Law, University of British Columbia (presentation slides)
• John Fiddick, Director, Whitelaw Twining.
• Cameron Wardell, Partner, Mathews, Dinsdale & Clark LLP

INCORPORATING LAW AND DISABILITY INTO THE CURRICULUM

June 29 1230-2PM EST

22% of Canadians over the age of 15 have at least one disability. Graduates of law schools will serve clients with disabilities, work alongside colleagues with disabilities and may themselves have or acquire disabilities over the course of their career. Key competencies for graduating law students include being familiar with how the law conceptualizes and addresses disability and having frameworks to critique the shortcomings of the existing law.  

The aims of this session are

(1) to provide concrete examples of how topics relevant to meeting the legal needs of individuals with disabilities can be incorporated into a wide range of courses across the law school curriculum and

(2) to engage law professors in a discussion of these topics.  Each participant will discuss a different area of law and how they bring awareness of the lived experiences of persons with disabilities into their classroom teaching.   

The session will touch on:  

• models of disability and theoretical underpinnings 
• equality and human rights law 
• accessibility legislation (including the federal Accessible Canada Act)
• employment law
• benefits law
• criminal law
• tort law 
• administrative law 
• mental health law  

Time will be reserved after the roundtable for a dialogue among participants and attendees.  

The session participants include the contributors to Law and Disability in Canada: Cases and Materials (Toronto: Lexis Nexis Canada, 2021) and David Lepofsky, a longtime disability rights activist, who has a forthcoming article in the Windsor Yearbook on Access to Justice entitled, “People with Disabilities Need Lawyers Too! A Ready-To-Use Plan for Law Schools to Educate Law Students to Effectively Serve the Legal Needs of Clients with Disabilities, As Well As Clients Without Disabilities”.  

Anna Lund, Associate Professor, Faculty of Law, University of Alberta (moderator)

• Odelia Bay – PhD Student, Osgoode Hall Law School, York University and co-author Law and Disability in Canada: Cases and Materials
• Ruby Dhand – Associate Professor, Faculty of Law, Thompson Rivers University and co-author Law and Disability in Canada: Cases and Materials.
• David Ireland – Associate Professor, Faculty of Law, University of Manitoba and co-author Law and Disability in Canada: Cases and Materials.
• Laverne Jacobs – Professor, Faculty of Law, University of Windsor and lead author and General Editor, Law and Disability in Canada: Cases and Materials.
• Richard Jochelson – Dean, Faculty of Law, University of Manitoba and co-author Law and Disability in Canada: Cases and Materials
• Freya Kodar – Associate Professor, Faculty of Law, University of Victoria and co-author Law and Disability in Canada: Cases and Materials.
• David Lepofsky – Disability Advocate, Adjunct Professor of Law, University of Toronto and Chair of the Accessibility for Ontarians with Disabilities Act Alliance. 

Bulletin ACPD-CALT Bulletin

May 2022 mai

matières - contents

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ACPD-CALT Bulletin

March 2022 mars

matières - contents

1. Mise à jour de la colloque 2022 / Update on Conference 2022

2. CIAJ-ICAJ L’honorable Rosalie Silberman Abella : une vie d’avant-garde Les 12 et 13 mai 2022 | The Honourable Rosalie Silberman Abella: A Life of Firsts May 12-13, 2022

3. Domestic Violence in the Law School Curriculum Survey (English only)

4. Research Survey Professeur(e), how are you doing? A survey on linguistic diversity and quality of life at work among university professors | Sondage: Professeur(e), how are you doing? Une étude sur la diversité linguistique et la qualité de vie au travail des professeur·e·s d'université

Items relevant to teaching and learning in legal education can be sent to [email protected] re: ACPD-CALT Bulletin. | Les nouvelles pertinents à l'enseignement et à l'apprentissage en éducation juridique peuvent être envoyés à [email protected] au sujet de : ACPD CALT Bulletin

UPDATE: CALT 2022 Conference & AGM

Instead of holding a traditional multi-day conference, we plan to hold a one-day virtual event on Wednesday 8 June, including our AGM, followed by a weekly series of virtual sessions over the remainder of June. The one-day event will be organized by the CALT conference committee. For the weekly sessions, a Call for Proposals will be released shortly, inviting members to propose sessions that they will undertake, with the logistical and promotional support of CALT. If there is sufficient interest, further occasional virtual sessions could be scheduled during July and August.

This decision has been taken following consideration of the results of the poll of members relating to participation in a proposed virtual or hybrid conference, as well as notification from ACCLE that they are not proceeding with an in-person component to their proposed conference in the week of 6 June. We still hope to collaborate with ACCLE on the 8 June event.

Mise à jour de la colloque 2022

Au lieu de tenir une conférence traditionnelle de plusieurs jours, nous prévoyons d'organiser un événement virtuel d'une journée le mercredi 8 juin, y compris notre AGA, suivi d'une série hebdomadaire de sessions virtuelles pendant le reste du mois de juin. L'événement d'une journée sera organisé par le comité de la conférence ACPD. Pour les sessions hebdomadaires, un appel à propositions sera lancé prochainement, invitant les membres à proposer des sessions qu'ils réaliseront, avec le soutien logistique et promotionnel du ACPD. Si l'intérêt est suffisant, d'autres sessions virtuelles occasionnelles pourraient être programmées en juillet et août.

www.ciaj-icaj.ca

The Honourable Rosalie Silberman Abella: A Life of Firsts – May 12-13, 2022

The uOttawa Public Law Centre, the Canadian Institute for the Administration of Justice, the Human Rights Research and Education Centre, and The Advocates’ Society invite you to come together and celebrate the remarkable career legacy – and exceptional life! – of the Honourable Rosalie Silberman Abella.

This event will take place in person in Ottawa and online, in the presence of our guest of honour. Some 65 speakers, who are key players in the justice system from across Canada and abroad, will examine her influence on law and society.

We hope to see you all there to pay tribute to this outstanding woman and jurist, who has left her imprint at so many levels!

Location: In person at Delta Hotel Ottawa City Centre, and online (live streaming)

Cocktail: May 11^th, 2022, National Gallery of Canada

Full brochure and registration form: https://ciaj-icaj.ca/en/upcoming-programs/justice-rosalie-abella-conference-2022/

L’honorable Rosalie Silberman Abella : une vie d’avant-garde – Les 12 et 13 mai 2022

Le Centre de droit public de l’Université d’Ottawa, l’Institut canadien d’administration de la justice, le Centre de recherche et d’enseignement sur les droits de la personne et la Société des plaideurs vous invitent à célébrer la remarquable carrière – et la vie exceptionnelle ! – de l’honorable Rosalie Silberman Abella.

Cette célébration aura lieu en personne à Ottawa et en ligne, en présence de notre invitée d’honneur. Plus de 65 acteurs clés du système de justice du Canada et d’ailleurs y prendront la parole afin de mettre en lumière son influence sur le droit et la société.

Nous espérons que vous y viendrez en grand nombre afin de rendre à cette femme et juriste hors du commun un hommage à sa mesure.

À très bientôt,

Lieu : en personne à l’hôtel Delta Ottawa City Centre, et en ligne (diffusion en direct)

Cocktail : le 11 mai, au Musée des Beaux-Arts du Canada

Programme et formulaire d’inscription : https://ciaj-icaj.ca/fr/programmes-a-venir/conference-juge-rosalie-abella-2022/

CALT member Jennifer Koshan (UCalgary) shares this survey on domestic violence and legal education for a project she is involved in. If you are able, please complete the survey as soon as possible - it will close in late March.

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