{"title":"Introduction - Corporate Social Responsibility","authors":"Vanisha H. Sukdeo","doi":"10.22329/wyaj.v36i0.6064","DOIUrl":"https://doi.org/10.22329/wyaj.v36i0.6064","url":null,"abstract":"Inroduction","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"36 1","pages":"1-2"},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43353607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Green Illusions: Governing CSR Aesthetics","authors":"B. Richardson","doi":"10.22329/wyaj.v36i0.6065","DOIUrl":"https://doi.org/10.22329/wyaj.v36i0.6065","url":null,"abstract":"This article makes a novel argument that governance of corporate environmental activities should recognize that the business corporation is an aesthetic phenomenon, including the environmental practices and communications undertaken in the name of “corporate social responsibility” [CSR]. Corporate identities and CSR practices are aesthetically projected through logos, trademarks, websites, the presentation of products and services, stylish offices, company uniforms, and other aesthetic artefacts. This corporate “branding” dovetails with the broader aestheticization of our pervasive media and consumer culture. Aesthetics has particular salience in CSR for influencing, and sometimes misleading, public opinion about corporate environmental performance. Consequently, in disciplining unscrupulous corporate behaviour, governance methods must be more responsive to such aesthetic characteristics. The green illusions of business communications create difficulties for regulation, which is better suited to disciplining discrete misleading statements about retailed products or trademarks rather than tackling the broader aesthetic character of business and the marketplace. The article suggests that non-state actors who are more sensitive to aesthetics can help to fill some of this governance void. The “counter-aesthetic” strategies of social and environmental activist groups can inject a subversive narrative that can help to unmask these green illusions. Although the history of such tactics suggests they probably have only a modest effect in challenging corporate deception, the law can assist by protecting public spaces from corporate marketing and sponsorship.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"36 1","pages":"3-35"},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46679643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dominium and The Empire of Laws","authors":"Fenner L. Stewart","doi":"10.22329/wyaj.v36i0.6066","DOIUrl":"https://doi.org/10.22329/wyaj.v36i0.6066","url":null,"abstract":"Civic republicanism endorses a freedom ideology that can support the corporate social responsibility movement [CSR] in some of the challenges it faces. This article is a call for CSR to embrace this normative guidance as a superior alternative to mainstream liberalism. Part I is the introduction. Part II discusses the institutional changes that gave rise to CSR’s present incarnation. Part III builds upon this discussion, explaining how corporate risk management strategies pose a threat to CSR’s persuasive authority today. It then considers CSR’s options for enhancing governance when such persuasive authority is not available. It determines that inspiring integrity – above all else – is integral to success and that, in turn, the removal of moral distance is key to inspiring such integrity. It also notes that whether a form of coercive authority exists or not to back a governance mechanism, the removal of moral distance will be key to its effectiveness. Part IV notes that efforts to remove moral distance have been attempted since the 1970s, but time has proven that business actors have been resilient to meaningful change. It argues that this failure to reduce moral distance is, in part, the result of mainstream liberalism, which continues to nullify such efforts to make business actors feel more accountable for the impacts of their decision-making. It then explores liberalism, detangling the meaning of possibly the most contested, and normatively powerful, concept from the twentieth century to the present. Part V explains civic republicanism. It then explores civic republicanism’s conceptual proximity to liberalism. Part VI makes the case for why civic republicanism ought to amend the liberal message, recasting the rights and responsibilities of both imperium (that is, the authority of the sovereign) and dominium (that is, the private authority usually emanating from property and contract) within society. Part VII concludes with a short reflection on the ground covered.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43823836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"L’égalité réelle et la mise en œuvre intégrale du principe de Jordan","authors":"A. Levesque","doi":"10.22329/wyaj.v36i0.6422","DOIUrl":"https://doi.org/10.22329/wyaj.v36i0.6422","url":null,"abstract":"This paper deals with the problems and delays that have occurred in the implementation of Jordan’s Principle within the Government of Canada. The paper first provides an overview of the allegations of discrimination made by the Assembly of First Nations and the First Nations Child and Family Caring Society in their human rights complaint against Canada regarding the jurisdictional disputes and lack of coordination between the various levels of government and between government departments and the harmful impact they have on First Nations children. It then summarizes the initial decision of the Canadian Human Rights Commission [CHRC] in January 2016 concerning Jordan’s Principle. The problems and delays associated with implementation of the CHRC decision are examined, and the May 2017 CHRC order compelling Canada to take concrete measures to comply with its initial decision is reviewed in detail. The final part of the paper advances the position that in order to genuinely ensure substantive equality in Canadian society, Canada must be more proactive in identifying and remedying its discriminatory practices. In this case, putting the Spirit Bear Plan into effect within the Canadian government offers a promising way forward for ending injustices in the delivery of public services for First Nations children.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"36 1","pages":"231-248"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68344404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Prospects for Customary Law in Transitional Justice: The Case of Fiji","authors":"Joanna R. Quinn","doi":"10.22329/wyaj.v36i0.6424","DOIUrl":"https://doi.org/10.22329/wyaj.v36i0.6424","url":null,"abstract":"The use of customary law shows real promise in addressing the challenges that arise when confronting the legacies of past human rights abuses and atrocities. Unlike typical transitional justice mechanisms like trials, truth commissions, and reparations programs, customary practices are community-based and well-known to the people who use them. Indeed, customary practices could be used in transitional societies in place of “foreign” practices to bring about the same objectives. This paper considers the role that customary law plays in Fiji. It further assesses the prospects for the use of customary, traditional law in situations where transitional justice is called for.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"36 1","pages":"249-262"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68344417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Navigating Power and Claiming Justice: Tenant Experiences at Saskatchewan’s Housing Law Tribunal","authors":"Sarah M. Buhler, Rachel Tang","doi":"10.22329/wyaj.v36i0.6421","DOIUrl":"https://doi.org/10.22329/wyaj.v36i0.6421","url":null,"abstract":"This article discusses a qualitative interview project where twenty tenants shared their experiences about having hearings at the Office of Residential Tenancies [the ORT], Saskatchewan’s housing law tribunal. The interviews provide insights into housing problems faced by tenants, their experiences with self-representation at the ORT, and their reflections about the outcomes of their cases. We analyze how tenants prepared for their hearings, their experiences of the hearing process, and their perceptions of fairness throughout the process. We then discuss participants’ assessments of whether they received “justice” at the ORT. The interviews illuminate the ways that the same patterns of power and inequality that produce housing problems in the first place persist but are also occasionally interrupted and exposed in the housing tribunal process. They show also that tenants use the ORT to make important claims about justice and to resist landlord power in the face of larger patterns of inequality and exploitation.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":"36 1","pages":"210-230"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68344336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Searching Through Storytelling:","authors":"G. Kennedy","doi":"10.22329/WYAJ.V35I0.5301","DOIUrl":"https://doi.org/10.22329/WYAJ.V35I0.5301","url":null,"abstract":"","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43284062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Les Avocats Aux Pieds Nus En Chine, Vecteurs D’accès À La Justice?","authors":"Hélène Piquet","doi":"10.22329/wyaj.v35i0.5274","DOIUrl":"https://doi.org/10.22329/wyaj.v35i0.5274","url":null,"abstract":"Le rôle des avocats aux pieds nus chinois, ou parajuristes, oeuvrant en monde rural est peu traité dans les études sur les réformes juridiques chinoises, en Chine et en Occident. Ce texte vise donc à situer leur contribution dans l’accès à la justice civile en Chine. Quand ont-ils émergé ? Comment travaillent-ils ? Quels sont les défis et contraintes auxquels ils font face? Notre recherche montrera qu’ils jouent un rôle assez marginal et que leur avenir est très incertain. \u0000L’approche adoptée est comparative. Il faut d’abord traiter de l’apport des parajuristes ailleurs dans le monde afin de situer celui des avocats aux pieds nus chinois. De même, l’analyse proposée est rétrospective, compte tenu du contexte politique chinois actuel. Il sera donc question, dans un premier temps, des réformes juridiques chinoises en mettant l’accent sur les mesures prises par les autorités judiciaires afin de favoriser l’accès à la justice civile. En seconde partie nous traiterons des parajuristes en général. La troisième partie consistera en une analyse du rôle des avocats chinois aux pieds nus.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43353470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"What Are We Waiting For? It’s Time to Regulate Paralegals in Canada","authors":"Lisa Trabucco","doi":"10.22329/WYAJ.V35I0.5277","DOIUrl":"https://doi.org/10.22329/WYAJ.V35I0.5277","url":null,"abstract":"Law societies in Canada have long been granted the privilege of self-regulation by the state – a privilege that comes with a statutory duty to govern in the public interest. There exists an access to justice crisis in this country. More must be done to address unmet legal needs. There is nothing new in this, but law societies across Canada are reluctant to implement at least one ready solution. Ontario introduced paralegal regulation over ten years ago with the promise that it would increase access to justice. Evidence suggests that it has done so. Yet no other Canadian jurisdiction is prepared to regulate paralegals as independent providers of legal services. Law societies’ continued resistance to the regulation of paralegals is contrary to the public interest. This paper argues that to alleviate the access to justice crisis, it is time to regulate paralegals.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45677206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Informal Justice: An Examination of Why Ontarians Do Not Seek Legal Advice","authors":"Matthew Dylag","doi":"10.22329/WYAJ.V35I0.5786","DOIUrl":"https://doi.org/10.22329/WYAJ.V35I0.5786","url":null,"abstract":"Modern access to justice scholarship takes as its premise that the focus of legal reform must be on the legal problems experienced in the day-to-day lives of the public; not just those problems that are brought before the formal court system for adjudication. In 2014, the Canadian Forum on Civil Justice [CFCJ] completed a comprehensive survey for the Cost of Justice Project inquiring into the civil legal needs among ordinary Canadians. One of the many conclusions that can be drawn from the survey data is the finding that most Ontarians do not go to lawyers in order to resolve their legal problems. Ontarians, rather, tend to engage in methods of resolution that can be categorized as informal self-help methods. This paper explores possible reasons why Ontarians do not seek out formal legal advice when they experience a legal problem. It examines various factors that may influence Ontarians’ decision not to seek formal legal advice including the respondents’ income level, their perception of the law and the category of legal problem experienced. The paper concludes that most Ontarians seek to resolve their legal problems through informal self-help methods, not because of their inability to afford legal services, but rather because of how legal problems are perceived. This work will provide insight into why most legal problems do not end up before the formal legal system, which will be of significance to policy makers who desire to make meaningful and inclusive reforms to the justice system.","PeriodicalId":56232,"journal":{"name":"Windsor Yearbook of Access to Justice","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43756713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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