Articles on Law

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In a 2016 ABS survey, one in two women reported having experienced sexual harassment, but 90% of them did not contact the police. Cindy Zhi/The Conversation NY-BD-CC

#MeToo exposes legal failures, but ‘trial by Twitter’ isn’t one of them

Critics say that #MeToo has turned the legal principle of innocent until proven guilty on its head, but such comments privilege the rights of perpetrators over justice for victims.
Donut King is a franchise of the Retail Food Group, a business under fire for allegations of underpaying staff. Alpha/Flickr

What’s going wrong with Australia’s franchises?

Two well-known franchises have come under fire this week for problems when reporting their business results. We answer four questions about the business model and why these scandals are reoccuring.
Colten Boushie’s uncle Alvin Baptiste raises an eagle’s wing as demonstrators gather outside of the courthouse in North Battleford, Sask., on Saturday, Feb. 10, 2018. THE CANADIAN PRESS/Matt Smith

The myth of the Wheat King and the killing of Colten Boushie

In the acquittal of Gerald Stanley we must remember how one-sided systematic remembering in Canada has been. We must remember how Canadian-state law created the myth of the homesteader as Wheat King.
When an employee is dismissed after making a complaint, it’s relatively easy for the employer to hide the true reason for dismissal.

What happens when employees are fired for complaining at work

The way victimisation cases are interpreted by the courts often leaves employees defenceless and gives employers excessive managerial powers.
People gather in Edmonton during a rally in response to Gerald Stanley’s acquittal in the shooting death of Colten Boushie. THE CANADIAN PRESS/Jason Franson

Broken system: Why is a quarter of Canada’s prison population Indigenous?

Colten Boushie's death and the subsequent acquittal of his killer has fuelled loud calls for reforms to Canada's criminal justice system and its treatment of the Indigenous. Why has it taken so long?
Long Island City’s 5Pointz, a mecca for graffiti artists, was demolished in 2014. AP Photo/Frank Franklin II

What the 5Pointz ruling means for street artists

A judge in New York City just awarded graffiti artists US$6.7 million after a developer whitewashed their murals. On the surface, it seems like a huge victory for street artists. But could it backfire?
Ontario Premier Kathleen Wynne, seen here at the provincial legislature in January, is among politicians who have threatened to sue political foes. THE CANADIAN PRESS/Frank Gunn

A SLAPP in the face: Democracy suffers when politicians go to court

The trend of politicians suing other politicians is worrisome since it risks limiting free speech. But there's a solution at hand known as anti-SLAPP legislation.
Jean Chretien, then Canada’s attorney general, signs the proclamation repatriating Canada’s constitution while Queen Elizabeth II watches in Ottawa in April 1982. The Constitution includes Canada’s Charter of Rights and Freedoms and the notwithstanding clause that allows provinces to opt out of adhering to the Charter. THE CANADIAN PRESS/Ron Poling

The sparse use of Canada’s notwithstanding clause

The notwithstanding clause in Canada's Charter of Rights and Freedoms has seldom been used. But it's not totally gathering dust, and Quebec is hinting it might use it to defend its niqab law.
Hacks like the one on Coincheck expose gullible investors to risk, but it also means funds could be flowing undetected into the hands of money launderers and terrorists.

What the Coincheck hack tells us about how Australian regulators will handle a cryptocurrency hack

Australian regulators face similar problems as their Australian counterparts in getting cryptocurrency platforms to regulate and prosecuting them when things go wrong.
Images are so useful in medical diagnosis - but there are legal and ethical concerns about how they’re used. from

Doctors already use phones to share clinical images of patients – legislation needs to catch up

Has your doctor ever taken a photo of your medical condition? It's really useful to aid diagnosis, but we still don't have the right legislation to ensure legal and ethical protections.

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