Name of Organization: HIV Legal Network
Website of Organization: www.hivlegalnetwork.ca
Organization’s Mandate: The HIV Legal Network promotes the human rights of people living with HIV or AIDS and other populations disproportionately affected by HIV, punitive laws and policies, and criminalization, in Canada and internationally. We do this through research and analysis, litigation and other advocacy, public education, and community mobilization.
Project Name: Criminal, Immigration, Charter and Human Rights Law Research Projects
Project Type: Research (memoranda used for internal purposes only)
Project Delivery: Remote
Description of Project: The HIV Legal Network project will be divided into several distinct research topics on which the student will work on concurrently throughout their placement.
THEME #1: Constitutional Challenge to Discriminatory Immigration Law
The student will support the HIV Legal Network’s ongoing challenge of s. 38(1)(c) of IRPA, which is currently awaiting leave from the Federal Court. If leave is granted, the student will help to prepare a further memorandum or argument, as well as pleadings for oral arguments. If leave is not (yet) granted, the student will work with our team to produce an op-ed to draw attention to the case. The student will also have an opportunity to work on a ‘Know Your Rights’ report, outlining the health care (with a focus on HIV-related care) to which different categories of people without citizenship have access in Canada.
TOPIC #2: Support Research for a Charter / Criminal Law Issue
This topic involves legal research in support of either a Charter / Criminal law case or project, where the HIV Legal Network is acting as an intervenor or is participating in research. This involves legal research in Charter/criminal law issues to support law reform in a specified area to be determined between the student and lawyer supervisor – but most likely involving drug policy reform as there will be two projects underway assessing how courts, prosecutors, and police enforce laws criminalizing simple drug possession and drug trafficking.
Role of Student Volunteers: The student will be required to conduct and complete research memos on one of the assigned topics.
TOPIC 1:
The student will conduct research on immigration law, to support a challenge to Canada’s medical inadmissibility regime, or s. 38(1)(c) of the Immigration and Refugee Protection Act, and on access to health care (with a focus on HIV-related care) for people without citizenship.
TOPIC 2:
The student will produce one or more research memos in support of Charter/Criminal public interest litigation or a research project, most likely related to drug policy.
Role of Supervising Lawyer(s): The Supervising Lawyer will oversee the research submitted by the student and will provide guidance if questions arise. The lawyer supervisor will review and approve all final deliverables prior to use by the partner organization.
Type of Law: Human rights, immigration, constitutional, and criminal law.
Main Project Deliverable: Creating produced content (e.g. research memos, brochures, podcasts, etc.)
Number of Student Placements: 1 student
Hours per week the student volunteer(s) will be expected to work: 3-5 hours/week
Regular shifts or a flexible schedule: Flexible as the work will be done remotely. Check-ins may be scheduled at a fixed time every week, as agreed upon by the student and supervisor.
Is there a workspace provided for the student at the Organization: No
Devices and technologies the students will be required to have: Access to computer, internet, legal databases, Zoom/other videoconferencing platforms.
Is there an expectation for the student(s) to be bilingual: No. However, ability to read and understand French is helpful (as some of the case law will be in French).
Law School Pre-Requisites: N/A
Other Requirements or Expectations: A background and/or interest in human rights, immigration law, Charter rights, and criminal Law would be an asset.