Category Archives: What we’ve Done

Congratulations to Michelle Miles OHLS’18, this year’s IFLS Vanguard Award Receipient

For your Feminist Friday inspiration, here’s recent Osgoode graduate Michelle Miles, this year’s IFLS Vanguard Award recipient.

Awarded annually since 2014, the Vanguard Award recognizes:

“…a graduating student who has shown bravery and intelligence in bringing attention to issues of importance for feminism(s). The Award winner will have displayed leadership qualities including the ability and willingness to engage in critical &/or constructive difficult conversations.”

Nominated by a long list of folks – including students from every year of the JD, an alumna, a professor and two lawyers from two different clinical programs – Michelle Miles was a summer intern at the Human Rights Legal Support Centre, part of the Feminist Legal Advocacy program at Osgoode, took a leadership role with the Osgoode Feminist Collective, and served as the Vice President of the Osgoode Black Law Student’s Association.

She’ll  be articling at a family/criminal law firm in Toronto and continuing to be an advocate for women and vulnerable communities.Osgoode IFLS Congratulates MICHELLE MILES IFLS Vanguard Award Winner Osgoode JD 2018. (quote" "For students in need of feminist spaces, ways of thinking, and leadership, Michelle was a beacon in the storm of law school." Photo of Michelle, arms crossed & hair in brads, in a glen plaid suit (upper 3rd). Osgoode and IFLS logos.

Here’s what some of her nominators wrote about Michelle:

“…always quick to raise the voices of others, to initiate and guide much-need and rarely-had conversations, and to call in rather than call out.”

“….[the] recommendations to combat anti-Black racism at Osgoode are the result of Michelle’s diligent activism, organization and guidance.”

“…compassionate, dedicated, and an utter joy and relief to be around.”

“…Michelle vocally and eloquently defended equity seeking groups and their needs. It is one thing to do so when everyone in the room is nodding with you. It’s a completely different situation when you keep getting pushback from other students, who do not come to the table with the same life experiences as you, and from lawyers, who have a lot more authority and influence than you.”

“Michelle is THE feminist advocate many of us associate with our time at Osgoode.”

“I don’t think anyone is as committed or as patient or as tireless as Michelle Miles.”

“Our profession will only benefit from having a resilient Black woman like Michelle in the lead.”

“For all that she has done in her three years at Osgoode (and it is more than most people know and more than Michelle herself will acknowledge), she deserves the IFLS Vanguard Award.”

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A further thank you from the IFLS to this amazing alum of Osgoode.  Pretty sure students don’t always appreciate how much their work can mean for their professors.  Putting this post together provided mid June inspiration through thinking about the hard conversations Michelle pushed for, and the ways her feminist peers appreciated that work.

[If you’re at another school and thinking ‘maybe we could have one of these awards’, here’s a page describing what it’s for – we spent some time thinking about this and some of the details might be of interest to you:  https://ifls.osgoode.yorku.ca/what-we-do/ifls-graduating-student-vanguard-award/ ]

Version 2 of How to Be a Better Chair of an Academic Panel

For those who liked the original “How to be a better Chair of an academic panel” handout, here’s version 2, enriched via crowdsourcing.  New thoughts about keeping time (we’ve got signs for you, download here) some science (“calling on a woman to ask the first question will increase the number of women who ask questions: Carter, Croft, Lukas & Sandstrom, Women’s visibility in academic seminars: women ask fewer questions than men. Available at http://bit.ly/2JQfhiw”) and a gentle reminder that you don’t have to call on people in order, nor do you have to let the first person with their hand up ask the first question.

Get it and share it in DOCX Format   PDF Format

Thanks to all of you who chimed in via twitter and other modes!  And to those of you who wondered why we don’t take on the whole organization of academic conferences, we agree there is space for someone out there to do a “Just have a better CONFERENCE” tipsheet.  We’re looking forward to it.

page 1 of document as photo, available in PDF and DOCX form in this post.

Critical Theory for the Future | Conversations for the Future

 

UPDATED July 26 2018

Here’s OHLS grad program LLM Candidate Lara Tessaro on the ideas we heard at the event:

On June 6, 2018, Dayna Nadine Scott and the Institute for Feminist Legal Studies drew together a group of feminist scholars to share their thoughts and prescriptions on how to approach Critical Theory for the Anthropocene Future. How, they were asked, can we simultaneously reckon with environmental violence and inequalities, while nonetheless collectively rejecting the catastrophism so often invoked by Anthropocene narratives?

The evening began with Crystal Sinclair (Nehiyaw), an artist, hand drummer, facilitator, organizer, water protector, land defender, Indigenous rights activist and member of the Idle No More movement. Crystal shared some Nehiyaw histories, and acknowledged the territory on which we were gathered.

Then Dayna introduced the event’s themes. She noted that we have all had to come to terms with the “Anthropocene era” – the geologic age of humans – as we confront the profound impact that humans have had on the planet, with its apparent ecological boundaries and limits. Proponents of the Anthropocene want us to fear our demise, she said, and indeed, she admitted that we sometimes get caught dreaming about a world without humans in it. Other times, “we try to dream into being bold, beautiful, feminist, decolonial visions of a future on this planet – thriving in the Anthropocene or flourishing after the Anthropocene”. Dayna mused about the “strikeout” of the term Anthropocene in the title of the event, saying that it was meant to signal that this term is only ever shorthand. While the concept immediately brings to mind planetary boundaries and ecosystem survival, and in some ways challenges people to change their course, it also “throws us all into a bucket called “humanity” that erases past and present inhumanity, colonialisms and oppressions”. Each of the evening’s four speakers has influenced our thinking on these themes over the past several years, from different disciplines and perspectives, and each offers critical insights for a better future.

Dayna mentioned that her own engagement with these themes began through a growing dissatisfaction with the way that many legal scholars think about the future. Referring to her recent paper co-authored with Jess Eisen and Roxanne Mykitiuk, she recalled the environmental law doctrine of intergenerational equity, which provides that current generations hold the planet in trust from previous generations and for future generations – meaning that people living today have obligations to people living in the future. Yet this necessarily raises the questions: “Which people living today? What obligations? What will people in the future need? What new and old oppressions will characterize the future? And why only people?”

The first speaker, Angela P. Harris, is a foundational voice in critical race feminism. She has considered implications of the “Anthropocene” for critical legal theory, taking it as an opportunity to inject anti-subordination imperatives into vulnerability theory. In her comments, Angela compellingly assembled the movements that label themselves with the word justice – whether environmental justice, reproductive justice, food justice, land justice, climate justice, or data justice. Following Paola Bacchetta, she encouraged us to theorize these movements as “X Justice”, in which X is the embrace of the unknown and unknowable future. She also urged us to stay with the vague “etcetera” that often clings to the end of our accounts of identities. Compounded, these two commitments make “etcetera and the X”. All these X movements share commitments to undermining white settler law. Angela theorized that white settler law operates through two distinct modes of power: subjection (think corporations, states, persons, wild animals, farmed animals, children) and spatialization (think Canada, US, ghetto, wilderness, private sphere, public sphere, market, state). She concluded by identifying ways in which X justice movements and scholars are undermining these two dynamics, making space for anticolonial and decolonial work.

Next up was Zoe Todd (Métis), an anthropologist and fish philosopher who has helped people see how the “ontological turn” in anthropology and other disciplines is indebted to Indigenous worldviews. Zoe contributed virtually through a video recording. She first read a condensed version of a 2017 piece on relationality in Métis worldviews. Métis legal-governance traditions draw on the Nehiyaw (or Cree) legal principle of wahkohtowin, which, as described by Métis historian Brenda MacDougall, is “predicated upon a specific Aboriginal notion and definition of family as a broadly conceived sense of relatedness of all beings, human and non-human, living and dead, physical and spiritual.” Grounded in wahkohtowin, Métis life centers on tending to relations. Zoe described how she came to understand this all the better after living in the UK, where she learned what it is to be unclaimed: “Without relations, without someone to claim me, and without people to claim, I am nothing.” Zoe then shared her playful and moving poem the Tenderness Manifesto, in which she (at)tends to the multivalent meanings and affects of tender and tenderness (spurring some lawyers in the room to ponder the care-full act of tendering evidence). through a witness).

 

During a break to congregate and contemplate with colleagues old and new – and for refreshment and nourishment (much thanks to the Gladstone for staging the evening so smoothly) – audience members were encouraged to write down and pop in a box any questions they had for the speakers. For those interested in novel chairing techniques, check out the Institute for Feminist Legal Studies’ ongoing experiment with fairer modes of chairing panels.

The second round of speakers began with Usha Natarajan, an international law scholar who works within Third World Approaches to International Law (or TWAIL), a movement that exposes the ongoing coloniality of international law. Usha began by outlining different ways that international lawyers have responded to environmental degradation. Emphasizing that environmental harms have been created by the North, some lawyers in the South have proclaimed principles such as “common but differentiated responsibility”, now successfully reflected in multilateral environmental agreements. Some critical postcolonial scholars have pointed to how the North has refused to live up to these obligations; while these concerns are valid, this postcolonial critique has not helped to tackle environmental degradation. It has a certain tactical value, allowing resistance to the mainstream’s obsessive focus on climate change as a distraction from underlying inequities (here, she recalled how Manhattan emits more greenhouse gases than all of sub-Saharan Africa, yet humans and nonhumans in these countries experience the brunt of unmitigated climate change). However, focusing only on redistributions of power and wealth will not likely provide solutions to climate change; ultimately, more fundamental changes are needed in our ways of knowing the world. Yet our legal concepts remain wedded to environmental destruction. Sovereignty, for example, is fully dependent upon sovereign states mastering nature. The concept of human rights further atomizes the world into rights-bearing individuals abstracted and demarcated from our natural environments and other species. Usha ended her comments by reminding us that nature has laws of its own, available to us if we listen.

Michelle Murphy, the evening’s final speaker, is a Métis technoscience studies scholar working on environmental and reproductive justice, data politics, race, and colonialism. With many collaborators, including through the Technoscience Research Unit, she seeks to reconceive chemicals and enact decolonial futures. Posing the question “how does environmental data manifest settler colonialism and racial capitalism”, Michelle wants to consider “ways of working with and against data towards better land-body relations”. To illustrate these “infrastructures of gaslighting”, she chronicled a history of the Imperial Oil refinery in Sarnia’s Chemical Valley – including a massive 2017 flaring event that Vanessa Gray of Aamjiwnaang, with help from Ecojustice, is working to remedy. Chemical Valley is embedded in scientific legacies of how we study and monitor chemicals – one chemical at a time, narrowly prescribed effects, dose-response curves. While activists feel compelled to use the resulting state-reported data to generate environmental justice arguments, Michelle asks: “What if the objects we think (with) are in the world are wrong?” Following Eve Tuck and Audra Simpson, unthinking chemicals also requires refusing damage-based research. Moreover, by refusing to apprehend chemicals as small and individual, we can embrace new ways to depict the extensive and expansive chemical relations in which we are entangled.

When opening a collective conversation, Dayna joked that she was not sure the speakers had followed her direction to be hopeful – which produced some profitable pushback. Angela noted, when confronted with students’ feelings of hopelessness, that rather than let uncertain futures foster fear, she stresses how uncertainty is always also possibility. Insisting that her talk was hopeful, Michelle celebrated the liberation that comes from “naming better concepts” and from the recognition that researchers do not have to work with decontextualized, atomistic objects –  like “chemicals” – but can reorient their research around relations. Asked whether this might redeem the object of “law”, Usha reminded us that the products of all disciplines are inadequate – though imagination, art, and literature can help us to articulate things otherwise.

Sonia Lawrence said that she, for one, had experienced the evening as being truly hopeful. Sonia thanked the humans and institutions that had made the event possible. In addition to the four speakers and Crystal Sinclair, she thanked the Institute for Feminist Legal Studies, the Social Sciences and Humanities Research Council of Canada, York University MES student Garance Malivel, Osgoode Hall JD student Graham Reeder, Ashley Bell of Osgoode Hall, Suzette Collaird of the Gladstone, and the roomful of those who had gathered to contemplate Critical Theory for the Anthropocene Future

Lara Tessaro

HOW TO [BE A BETTER] CHAIR [OF] AN ACADEMIC PANEL…

HOW TO [BE A BETTER] CHAIR [OF] AN ACADEMIC PANEL You didn’t choose the timing, the format or the speakers. You aren’t the organizer. But you’re the Chair. What now?

My colleague Dayna Scott and I have been thinking quite a bit about chairing of academic panels, having seen enough examples of how it can be done so as to exclude, shut out, shut down, and some shining examples of how it can be done so well.

We came up with this set of thoughts.  What do you think? Every time we ask someone they offer better ideas or incisive critique, so have at it in the comments or get at us via twitter @osgoodeifls  #FairChair

share/change/rewrite/add/critique

-sonia l

link will take you to PDF version

link will take you to PDF version

 

IFLS Roundtable on Judges, Ethics & Inquiries: March 1st, 530PM Downtown

MARCH 1 530PM 730PM

20 ADELAIDE STREET EAST (@ VICTORIA)
STE 1104 (TRAINING ROOM)

NO COST BUT PLEASE DO RSVP https://goo.gl/forms/3T0BsjO87tRcwcov2

REFRESHMENTS

 

Download the extended program here or read more below.

This roundtable welcomes together legal academics, practitioners and law students to talk about the implications of recent judicial inquiries which brought questions of gender, among other issues, to the fore.   Together we can begin to think through our answers to questions including:

  • What have we learned about how the role of the judge is understood through these inquiries and surrounding public discourse?
  • What expectations about judicial language and behaviour do the outcomes of the Inquiries suggest?
  • Is the process set up for judicial inquiries working? Are there changes we would propose and why?
  • What are the implications for judicial appointments?
  • How do gender, race and indigeneity figure in the Camp and Douglas Inquiries and more broadly in our discourse about what good judging requires and who would be a good judge?
  • What strategic questions do we need to consider in terms of when and how to draft complaints to the Canadian Judicial Council?

Our invitees will speak briefly before a group discussion

Alice Woolley, Professor, University of Calgary, Faculty of Law
Fathima Cader, Barrister and Solicitor, McMahon, Morrison, Watts
Molly Reynolds, Barrister and Solicitor, Torys LLP
Kim Stanton, Barrister and Solicitor, Goldblatt Partners LLP
Nana Yanful, Barrister and Solicitor
Sonia Lawrence, Associate Professor, Osgoode Hall Law School

Texts/Context for Further Reading

Inquiry Committee Regarding the Honourable Robin Camp: Report

  • Other documents related to the Camp Inquiry available here including submissions of interveners, response to the Report, etc. available here.
  • Alice Woolley (2017) The resignation of Robin Camp: background and reflections from Canada, Legal Ethics, 20:1, 134-137, DOI: 10.1080/1460728x.2017.1346550 To link to this article:
  • “Racism and the Robin Camp Inquiry.” Accessed February 16, 2018. http://www.bloggingforequality.ca/2016/09/racism-and-robin-camp-inquiry.html.
  • Woolley, Alice, “Empathy in the Law: Does the Robin Camp Inquiry Committee Recommendation Encourage a ‘Postempathy Era’? – Slaw.” Accessed February 16, 2018. http://www.slaw.ca/2016/12/09/empathy-in-the-law-does-the-robin-camp-inquiry-committee-recommendation-encourage-a-postempathy-era/.

 

Inquiry Committee Regarding the Honourable Lori Douglas (all documents) here

 

 

Reforms and Changes

Sexual Assault Training

Bill C-337 An Act to amend the Judges Act and the Criminal Code (sexual assault) (Short Title Judicial Accountability through Sexual Assault Law Training Act “This enactment amends the Judges Act to restrict eligibility for judicial appointment to individuals who have completed comprehensive education in respect of matters related to sexual assault law and social context. It also requires the Canadian Judicial Council to report on continuing education seminars in matters related to sexual assault law. Furthermore, it amends the Criminal Code to require that reasons provided by a judge in sexual assault decisions be entered in the record of the proceedings or be in writing”  This Bill died in the Senate.

Ontario Bill 120 Mandatory Sexual Assault Law Training for Judicial Officers Act, 2017 “Currently, under section 43 of the Courts of Justice Act, the Judicial Appointments Advisory Committee makes recommendations to the Attorney General for the appointment of provincial judges.  New subsection 43 (10.1) provides that the Committee cannot consider a candidate unless he or she has completed comprehensive sexual assault law education.

Section 51.10 of the Act is amended to require the plan for the continuing education of judges to require judges to complete education in respect of matters related to sexual assault law.

  • “CJC Considers Imposing Mandatory Professional Development on Federal Judges – The Lawyer’s Daily.” Accessed February 16, 2018. https://www.thelawyersdaily.ca/articles/2743/cjc-considers-imposing-mandatory-professional-development-on-federal-judges.
  • “CJC ‘Very Hopeful’ Senate Will Heed Red Flags Judiciary Raised about Judicial Training – The Lawyer’s Daily.” Accessed February 16, 2018. https://www.thelawyersdaily.ca/articles/4972/cjc-very-hopeful-senate-will-heed-red-flags-judiciary-raised-about-judicial-training.
  • “Requiring Written Reasons in Sex Assault Cases Will Add to Court Delays, CBA Warns – The Lawyer’s Daily.” Accessed February 16, 2018. https://www.thelawyersdaily.ca/articles/2938/requiring-written-reasons-in-sex-assault-cases-will-add-to-court-delays-cba-warns.
  • “Women’s Advocates, Defence Counsel Call for Transparency from Judiciary on Sexual Assault Law Training for Judges – The Lawyer’s Daily.” Accessed February 16, 2018. https://www.thelawyersdaily.ca/articles/4852/women-s-advocates-defence-counsel-call-for-transparency-from-judiciary-on-sexual-assault-law-training-for-judges.

 

Reforming the Canadian Judicial Council Process

 

Part II – Canadian Judicial Council in Judges Act (R.S.C. 1985, c. J-1)

Canadian Judicial Council: REVIEW OF THE JUDICIAL CONDUCT PROCESS OF THE CANADIAN JUDICIAL COUNCIL: Background Paper (2014)

Department of Justice Canada Possibilities for further reform of the Federal Judicial Discipline Process JUNE 2016 [consultation closed August 2016]

“New Chief Justice Says System for Dealing with Complaints against Judges Needs Work | CBC News.” CBC, February 5, 2018. http://www.cbc.ca/news/politics/new-chief-justice-richard-wagner-judical-complaints-1.4521256.