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SPINLAW 2010 is proud to present the following student-organized panels:

The third sector plays a key part in the promotion of social and economic development. In every sphere of action, NGOs have found innovative ways to tackle old problems and empower communities to take ownership over their lives. In this context, law often presents itself both as a challenge and a resource in accomplishing social goals. This panel will address the role of law in setting the conditions for bottom-up social innovation, as well as a tool used by nonprofit organizations in creating system-changing solutions to development challenges. From laws regulating the third sector to the use of litigation strategies to further social development, this panel will highlight the many instances in which law and the legal system can affect, constrain and/or assist citizen-led organizations in reaching their goals. 

  • The Rights of Aboriginal Children

---> Panelist bios

In Their Best Interests: Who Defines What is Best for Aboriginal Children? 

Children are our most essential resource and precious responsibility. We strive as parents, families and societies to craft for them a world in which they can not only succeed, but also achieve their dreams and reach their potential. Everyone agrees that what is right is what is best for the child.  Where this shared vision comes into conflict is where there are competing definitions of what is best, and one of those definitions is supported and upheld by Canadian law while the others are not. 

In the case of Aboriginal children, the Canadian definition and Best Interests of the Child test has come to dominate the discussion. The result is that traditional perspectives, rights and responsibilities are not being heard.  This round table hopes to bring together individuals from academia, the Haudenosaunee Child and Family Services agency representatives and traditional Clanmother leaders to engage in a discussion on the challenges of transitioning to a system whereby traditional rights and best interests of Aboriginal children can be taken into account. 
 

  • Refugee Rights: Sexual orientation claims

---> Panelist bios

Speaker #1:   Bisexual refugee claimants are far less successful than gay and lesbian refugee claimants at Canada's Immigration and Refugee Board. Through an examination of unpublished refugee decisions involving bisexuality, my presentation will highlight some of the challenges bisexual refugee claimants face. These challenges include: (1) vulnerability to negative credibility determinations where claimants have opposite-sex partners; (2) a perception that bisexuals can avoid persecution by remaining invisible; and, (3) binary and rigid conceptions of sexual orientation that cannot easily accommodate some bisexual realities.

Speaker #2: The legal questions most relevant in claims based on sexual orientation and gender identity have shifted over the last fifteen years. Early cases often turned on whether a claimant’s fear of persecution was well-founded or whether the claimant was able to prove their sexual orientation. More recent cases have shifted the inquiry toward the distinction between persecution and discrimination, the availability of state protection as well as to possible regional contrasts in the treatment of sexual minorities within a country. This presentation will outline how the shift in legal issues requires objective evidence that is either not available or is not sufficiently focused or detailed to meet the legal requirements of the refugee determination process.

  • Disability Speed Dating

---> Panelist bios

Millions of people in Canada have a disability. Virtually every single Canadian will develop some form of disability in their lifetime. As disability affects everyone, it is vital that we have a system in place to ensure full participation of people with disabilities. This includes equal access to employment, education, housing, healthcare, social security, public and private space, transportation, recreation, information and communications, among other crucial areas of life. Law students play a fundamental role in making this a reality. We have the tools of change at our fingertips, and there are so many ways for us to get involved.  

Please join us on a Disability Speed Date, where you can check out a number of professionals currently working in the disability field, and see how you can get involved.  

Here’s How it Works: Each “potential match” will showcase a problem in the disability field, and how you can get involved. Then you will have an opportunity to meet with each of your potential matches in smaller groups to discuss the issue in a more intimate setting.   

Remember, this is a speed date so there are no strings attached. If you aren’t interested in hooking up it’s all good. If you do find someone who piques your interest, even better!

Who’s on the Market? David Lepofsky; Others TBA

  • Health Law

---> Panelist bios

This panel will be discussing equality in relation to health law, policy and the healthcare system. It will assess the extent to which marginalized groups have access to health care and will seek to identify the barriers which may impede equal access. It will address questions such as, how can we further promote equality for minority groups in health law, what inequalities are prevalent in health law and the healthcare system, and how have we seen improvements since s.15 was enacted in the health sector?

  • The Future of Equality Rights

---> Panelist bios

For decades Canadian lawyers and activists have been using law as a tool in struggles for equality. In 1985, the guarantee of equality rights under section 15 of the Canadian Charter of Rights and Freedoms came into force.  On the 25th anniversary of s.15, a panel of constitutional litigators, human rights lawyers, academics and community activists share their experiences and reflect on future directions for using legal strategies in struggles for equality.  Has Charter and human rights litigation contributed to a more just and equal Canadian society?  Where do we go from here?

 

 
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