Complex Legal Framework Research Articles

Navigating Borders: The Impact of Migrant Networks on Citizenship and Security in Sabah, Malaysia

This article explores the dynamics of migrant networks, citizenship, and security in Sabah, focusing on the experiences of Filipino and Indonesian migrant communities. Through a qualitative and ethnographic methodology, conducted over 12 months from January to December 2023, the study investigates how these networks support migrants in navigating complex legal frameworks and social challenges, while also shaping local perceptions and governmental policies. The findings reveal that despite their significant contributions to Sabah's economy and cultural diversity, migrants face substantial barriers to legal recognition and social acceptance. The interplay between migrant networks and citizenship rights highlights the need for more nuanced migration policies that promote integration rather than marginalization. As security concerns increasingly influence governmental responses, this article argues for a balanced approach that safeguards national interests while upholding human rights. The research underscores the importance of inclusive policies that facilitate pathways to legal residency, ensure access to basic services, and foster community engagement. Ultimately, the experiences of migrant communities in Sabah offer valuable lessons for other regions facing similar challenges in the context of globalization.

The Impacts of the Legal Framework Governing Ship Registration in Tanzania

The ship registration system in the United Republic of Tanzania is a vital component of the nation's maritime infrastructure, playing a key role in ensuring compliance with national and international maritime laws. This research provides A Case Study of The Effectiveness of the Ship Registration System: Examining the Legal Framework and Administrative Procedures of The United Republic of Tanzania. The mixed-methods approach combined qualitative and quantitative data collection. The findings were to assess the impacts of the legal framework governing ship registration in Tanzania. The study observed that, the maritime sector of the United Republic of Tanzania (URT) operates under a complex legal framework that is divided between two distinct legal systems, each with its own governing authority. This duality is primarily reflected in the Merchant Shipping Act of 2003 and the Merchant Transport Act of 2006, which cater to the maritime needs of Tanzania Mainland and Zanzibar, respectively. The Merchant Shipping Act of 2003 is designed to be applicable across the entire URT, encompassing both Tanzania Mainland and Zanzibar. This is explicitly stated in Section 3 (1) of the Act, which asserts that the provisions apply to all Tanzanian ships, irrespective of their geographical location.

Enhancing Property Valuation in Post-War Recovery: Integrating War-Related Attributes into Real Estate Valuation Practices

In post-war environments, property valuation encounters obstacles stemming from widespread destruction, population displacement, and complex legal frameworks. This study addresses post-war property valuation by integrating war-related considerations into the ISO 19152 Land Administration Domain Model, resulting in a valuation information model for Syria’s post-war landscape, serving as a reference for property valuation in conflict-affected areas. Additionally, property valuation is enhanced through visualization modeling, aiding the comprehension of war-related attributes amidst and following conflict. We utilize data from a field survey of 243 Condominium Units in the Harasta district, Rural Damascus Governorate. These data were collected through quantitative interviews with real estate companies and residents to uncover facts about property prices and war-related conditions. Our quantitative data are analyzed using inferential statistics of mean housing prices to assess the impact of war-related variables on property values during both wartime and post-war periods. The analysis reveals significant fluctuations in prices during wartime, with severely damaged properties experiencing notable declines (about −75%), followed by moderately damaged properties (about −60%). In the post-war phase, rehabilitated properties demonstrate price improvements (1.8% to 22.5%), while others continue to depreciate (−55% to −65%). These insights inform post-war property valuation standards, facilitating sustainable investment during the post-war recovery phase.

Identifying critical assumptions and risks in air quality management planning using Theory of Change approach

Governments across the world have been developing legislation and policy implementation instruments to address air pollution issues. Air Quality Management Plans (AQMPs) have emerged as a key instrument, with most developed countries having established effective AQMPs. These take a variety of forms depending on the overarching national framework for environmental regulations. The uptake of AQMPs in low and middle-income countries, however, has been less broad and, even in those that have adopted AQMPs, their effectiveness and efficiency have been limited, especially in urban areas. South Africa has adopted AQMPs and is recognised as having one of the most mature and complex air quality management legal frameworks in the world. Yet South Africa is still facing serious air quality challenges, especially in those areas that have been declared as priority areas. This paper, therefore, aims to identify critical assumptions and risks as a basis to evaluate the effectiveness of AQMPs as a policy instrument through the application of Theory of Change (ToC) approach. This study has resulted in the development of the ToC map, identification of 15 critical assumptions and associated causal narrative framework. In addition, this paper identified key risks underpinning the AQMP development and implementation process in South Africa. The identified critical assumptions embedded within different components of the ToC framework are not the only assumptions relating to this policy instrument, however, they are the fundamentally important ones that may significantly impact the success or failure of the AQMP system in South Africa if not managed. This study suggests that in order to further understand the challenges relating to the effective development and implementation of AQMPs, it is important that further research be conducted to test the validity of these critical assumptions which will provide solutions towards avoiding or mitigating risks associated with them.

LEGAL AND PSYCHOLOGICAL ASPECTS OF FORENSIC EXPERTS’ ACTIVITY IN MARTIAL LAW

Relevance. The topic of legal and psychological aspects of forensic experts' activity in martial law is highly relevant today. Forensic experts play a critical role in such situations, providing vital evidence and analysis to support legal and military decision-making. The purpose of the article is to investigate the legal and psychological aspects of the activity of forensic experts during martial law and to analyze the normative legal acts that regulate the chosen topic, examining the challenges and opportunities presented by this unique context. It also explores the impact of martial law on the mental health and well-being of forensic experts. Methodology. The research methodology is to apply general scientific methods of research: analysis, synthesis, generalization, and comparative analysis. Results. This paper highlights the critical importance of forensic experts in martial law environments, and the need for careful consideration of the legal and psychological aspects of their work. The situation of martial law had a great impact on Ukraine and its citizens. The changes have affected not only the issue of safety but also all spheres of life in the country. However, the unique challenges of operating in a martial law environment can place significant psychological and ethical burdens on forensic experts, who must navigate complex legal frameworks and work under intense pressure. By understanding the challenges and opportunities presented by this context, we can better support forensic experts in their vital role, and ensure that their work is conducted in a way that is both effective and ethical. Overall, this paper highlights the critical importance of forensic experts in martial law environments, and the need for careful consideration of the legal and psychological aspects of their work.

Enhancing HR Technology Through Traceability and Auditing: Navigating Challenges and Legal Complexities for Operational Efficiency

This comprehensive study emphasizes the crucial need for holistic Human Resources (HR) management systems. These systems should ensure transparency, traceability, and alignment with strict regulatory standards, promoting organizational growth. The study highlights the essential role of time and attendance systems in managing hourly employees, ensuring compliance with wage laws and efficient payroll processes. By examining recent legal issues, including class-action lawsuits and key Supreme Court decisions, it illuminates the complex legal framework surrounding HR technology. The study promotes a solution-focused approach, advocating for improvements in data integrity, user interface design, and system interoperability. Additionally, it underlines the importance of including robust reporting and analytics features in time and attendance systems. These suggested strategic changes aim to reduce compliance liabilities, increase productivity, improve data retention practices, and promote a streamlined, legally compliant HR operational framework. This research plays a pivotal role in contributing to the ongoing discourse about enhancing technological infrastructures within Human Resources (HR). It provides insightful perspectives and robust data, serving as a valuable resource for HR professionals, leaders, and decision-makers. The ultimate objective of this study is to attain unparalleled operational excellence and rigorous legal compliance. This not only elevates the standard of HR management systems to new heights but also paves the way for future advancements in this critical field. By fostering a culture of continuous improvement and innovation, this research can inspire the development of more efficient, effective, and legally compliant HR management systems.

CROSS BORDER MERGERS & ACQUISITIONS ALONG WITH REGULATIONS OF OVERSEAS INVESTMENT AND SEBI

Cross-border mergers and overseas investments by “Alternative Investment Funds” (AIFs) and “Venture Capital Funds” (VCFs) are two significant mechanisms facilitating capital movement across borders in the globalized economy. This paper provides an in-depth analysis of the regulatory frameworks and operational dynamics of both mechanisms, comparing and contrasting their objectives, entities involved, regulatory requirements, and risk-reward profiles. Cross-border mergers involve the consolidation of companies from different jurisdictions, aiming to achieve synergies, expand market presence, or leverage complementary strengths. The regulatory landscape governing cross-border mergers includes provisions under the Companies Act, of 2013, “The Foreign Exchange Management Act” (FEMA), and Competition Act, of 2002, among others. These mergers entail adherence to complex legal and regulatory frameworks, including approvals from regulatory authorities, compliance with foreign exchange laws, and fulfilment of competition norms. Despite the potential benefits, cross-border mergers also pose integration challenges, cultural differences, and regulatory uncertainties. In contrast, overseas investments by AIFs/VCFs enable domestic investors to diversify their portfolios by accessing opportunities in offshore companies, typically startups or emerging enterprises. The regulatory framework for these investments is overseen by the “Securities and Exchange Board of India” (SEBI) and includes guidelines, circulars, and compliance requirements. While regulatory compliance is necessary, the process may be relatively streamlined compared to cross-border mergers. Furthermore, the paper discusses the distinct objectives, entities involved, and risk-reward profiles of cross-border mergers and overseas investments by AIFs/VCFs. Cross-border mergers primarily involve established companies seeking strategic alliances or expansion opportunities, while AIFs/VCFs focus on deploying capital into high-growth opportunities, often at early stages of development. Overall, understanding the nuances of both mechanisms is crucial for businesses, investors, and policymakers to navigate the complexities of the globalized economy and make informed decisions regarding cross-border transactions.

Working Paper 49: Dirty deals – Case studies on corruption in waste management and trade

Waste management is a huge industry at the local, national and international levels. Public services play a key role in dealing especially with waste generated by households. Getting waste management right is essential if we are to achieve a circular economy and the Sustainable Development Goals.
 Complex legal frameworks and their weak implementation open up spaces for criminals to profit from illegally managing or trading in waste. The consequences on the environment and human health can be severe. The role of corruption in crimes involving waste is unexplored.
 An initial analysis shows the potential for corruption to play a role in:
 
 influencing policy decisions involving waste management;
 corrupt deals involving the selection of waste management companies linked to powerful elites;
 schemes to gain lucrative waste management contracts through systematic bribery;
 illegal imports of hazardous substances for profit, avoiding or suppressing formal controls.
 
 The report explores five case studies (Albania, Lebanon, North Macedonia, Canada–Philippines, US–South America) and proposes a typology of corruption patterns in crimes involving waste management and trade.

Patients' knowledge, preferences, and perspectives about data protection and data control: an exploratory survey.

Background: In the European Union, the General Data Protection Regulation (GDPR) plays a central role in the complex health research legal framework. It aims to protect the fundamental right to the protection of individuals' personal data, while allowing the free movement of such data. However, it has been criticized for challenging the conduct of research. Existing scholarship has paid little attention to the experiences and views of the patient community. The aim of the study was to investigate 1) the awareness and knowledge of patients, carers, and members of patient organizations about the General Data Protection Regulation, 2) their experience with exercising data subject rights, and 3) their understanding of the notion of "data control" and preferences towards various data control tools. Methods: An online survey was disseminated between December 2022 and March 2023. Quantitative data was analyzed descriptively and inferentially. Answers to open-ended questions were analyzed using the thematic analysis method. Results: In total, 220 individuals from 28 European countries participated. The majority were patients (77%). Most participants had previously heard about the GDPR (90%) but had not exercised any of their data subject rights. Individual data control tools appeared to be marginally more important than collective tools. The willingness of participants to share personal data with data altruism organizations increased if patient representatives would be involved in the decision-making processes of such organizations. Conclusion: The results highlighted the importance of providing in-depth education about data protection. Although participants showed a slight preference towards individual control tools, the reflection based on existing scholarship identified that individual control holds risks that could be mitigated through carefully operationalized collective tools. The discussion of results was used to provide a critical view into the proposed European Health Data Space, which has yet to find a productive balance between individual control and allowing the reuse of personal data for research.

The Role of Psychiatrists Corporeal Damage Assessment for Financial Compensation After Physical Injury in France

In recent years, there has been growing recognition of the significant impact of psychological and emotional injuries on the lives of individuals who have experienced physical trauma. The importance of psychiatric involvement in determining the extent of mental trauma and its impact on an individual's life will be highlighted, as well as the challenges faced by psychiatrists in making such assessments. Corporal damage assessment is a critical component of the process of financial compensation for individuals who have experienced physical injuries. In France, this process is governed by a complex legal framework that includes the Civil Code, the Social Security Code, and the Code of Criminal Procedure. These laws and regulations outline the various types of financial compensation that may be awarded to victims of physical injury, including medical expenses, loss of income, and compensation for pain and suffering. Given the increasing awareness of the importance of mental health, the role of psychiatrists in corporal damage assessment has become more significant. These mental health professionals are tasked with assessing psychological and emotional injuries, determining the extent of mental trauma, and evaluating the impact of physical injury on an individual's mental health. The challenges include distinguishing between pre-existing and injury-related mental health issues, overcoming the subjective nature of psychological assessment, and balancing patient advocacy with impartiality. Finally, this presentation will provide a series of case studies that illustrate the impact of psychiatrist involvement in financial compensation cases. These case studies will highlight examples of successful psychiatric assessments, as well as lessons learned from these cases. In conclusion, the presentation will emphasize the importance of the psychiatrist's role in corporal damage assessment and explore potential improvements and future directions for this field (Daligand, 1992).

Datafication of the hotspots in the blind spot of supervisory authorities

AbstractThe hotspot approach used to contain asylum seekers at the borders of Europe has been heavily criticized for deplorable conditions and multiple fundamental rights violations. This article dives into an underexplored issue in the hotspots, namely its datafication. It explores the question of the protection of personal data, and analyses whether the supervisory arrangements in place are sufficient to ensure the protection of personal data of individuals at the borders, or whether, as the current European Data Protection Supervisor states it, data protection is too often suspended at European Union borders. While supervision is in place to monitor the hotspots, this contribution shows that it remains limited and that many blind spots exist that fully escape any supervision. These emerge, for example by reasons of the complex legal framework of the hotspots, or of the informal nature of the exchanges of data.

The Evolution of Employment Law and Its Impact on Workplace Dynamics

Purpose: This study investigates the evolution of employment law and its consequential impact on contemporary workplace dynamics. The research aims to elucidate the developmental trajectory of employment law and how these legal frameworks influence organizational behavior and labor market outcomes. Research Design and Methodology: A comprehensive review of pertinent literature was conducted, employing a qualitative, descriptive research methodology. This approach involved systematic examination and synthesis of existing studies, providing a nuanced understanding of the historical antecedents and contemporary phenomena influencing employment law. Findings and Discussion: The findings reveal that employment law has significantly evolved from its nascent stages during the Industrial Revolution to the complex legal frameworks of today. Key developments include establishing minimum wage laws, anti-discrimination statutes, and regulations addressing non-standard employment forms. The study highlights the impact of these legal changes on organizational practices, employee well-being, and broader economic dynamics. Technological advancements and globalization are critical drivers of recent legal adaptations, raising new challenges and opportunities within the gig economy and digital workspaces. Implications: The evolution of employment law underscores the importance of robust legal protections for promoting fair and equitable workplaces. Policymakers and organizational leaders are encouraged to continuously adapt legal frameworks to address emerging challenges, ensuring the protection of workers' rights, and fostering inclusive and dynamic work environments. Further interdisciplinary research is essential to inform effective policy interventions and enhance the adaptability of employment law in the face of ongoing socio-economic transformations.

Challenges in the Indian Economy from FDI Perspective

The foreign direct investment (FDI) difficulties that the Indian economy faces are complicated and should be carefully considered. An outline of the main obstacles to the most effective possible introduction of FDI into India's economy is given in this abstract. The obstacles are many and multidimensional, ranging from complex legal frameworks and bureaucratic barriers to infrastructure scarcity and geopolitical uncertainty. Addressing these issues calls for a calculated strategy that includes targeted infrastructure development, enhanced administrative effectiveness, and policy reforms. Furthermore, intricate solutions are required for problems pertaining to labour regulations, cultural differences, and land acquisition. The Indian economy is resilient despite these obstacles, and taking proactive steps can turn them into chances for long-term, steady growth. A balanced and FDI-friendly climate can be created since the government works to improve regulations and expedite procedures, fostering economic growth and increased global competitiveness.

Balancing Privacy and Progress: A Review of Privacy Challenges, Systemic Oversight, and Patient Perceptions in AI-Driven Healthcare

Integrating Artificial Intelligence (AI) in healthcare represents a transformative shift with substantial potential for enhancing patient care. This paper critically examines this integration, confronting significant ethical, legal, and technological challenges, particularly in patient privacy, decision-making autonomy, and data integrity. A structured exploration of these issues focuses on Differential Privacy as a critical method for preserving patient confidentiality in AI-driven healthcare systems. We analyze the balance between privacy preservation and the practical utility of healthcare data, emphasizing the effectiveness of encryption, Differential Privacy, and mixed-model approaches. The paper navigates the complex ethical and legal frameworks essential for AI integration in healthcare. We comprehensively examine patient rights and the nuances of informed consent, along with the challenges of harmonizing advanced technologies like blockchain with the General Data Protection Regulation (GDPR). The issue of algorithmic bias in healthcare is also explored, underscoring the urgent need for effective bias detection and mitigation strategies to build patient trust. The evolving roles of decentralized data sharing, regulatory frameworks, and patient agency are discussed in depth. Advocating for an interdisciplinary, multi-stakeholder approach and responsive governance, the paper aims to align healthcare AI with ethical principles, prioritize patient-centered outcomes, and steer AI towards responsible and equitable enhancements in patient care.

Growth of Alternative Dispute Resolution Method in The Legal System

Alternative Dispute Mechanism is viewed as the most significant and critical perspective in present day time of dispute settlement. It is an old peculiarity and technique to determine the questions through amicable settlement. It will assist with settling the debate without meddling by unbending court method and conventions. ADR component demonstrate exceptionally helpful, essential and more successful in commercial and civil dispute. The complicity of business and common questions can undoubtedly oversee through the ADR without meddling by details and complex methodology of regulation. The non-intercession by supporters and court will make it more powerful instrument for question settlement. It might consider as elective technique for equity conveyance framework in India. In this exploration paper the specialist will attempt to examination the ADR framework is elective strategy for dispute settlement and way for the Alternative mechanism of existing complex legal framework. The examination will be contended with a goal to investigate the concentrate between the ordinary strategy versus ADR technique for debate settlement and will close by giving a few viable arrangements that ADR is considered as an essential choice in settlement of questions.

South African Legal Framework to Prepare Pre-Service Teacher Education Programmes: A Freirean Approach

The education sector in South Africa is governed by a complex legal framework that outlines guidelines, policies and standards for pre-service teacher education programmes. In order to prepare pre-service teachers for the classroom, universities must navigate this legal framework and ensure that their programmes comply with the requirements set forth by various regulatory bodies. However, the authors argue that these requirements are not enough to prepare student teachers for the classroom. Rather, by using Paulo Freire’s critical pedagogy as a theoretical lens, they argue that student teachers should be conscientized to become agents of change in the classroom and promote social justice, while adhering to legal guidelines in their teacher training. Furthermore, education spaces need to consider the context of schools and higher education institutions, student society, teaching and scientific endeavours, educational administration, pedagogical imageology and intercultural education to address these standardisation challenges. Through a desktop analysis, this article provides an overview of the legal framework for integrating learning into pre-service teacher education programmes in South Africa. The study asks: what are the legal requirements and guidelines that universities must follow to prepare pre-service teachers for the classroom in South Africa? To answer this question, the authors conducted a literature review of relevant legal frameworks and guidelines, including legal documentations, case law, academic literature and publications from professional organisations. The research methodology primarily consisted of a search for literature using specific search terms and databases. The article provides recommendations for how universities can effectively navigate the legal framework in training pre-service teachers, drawing on key findings from the literature review. These include the need for universities to ensure that their teacher education programmes are socially just.

BRIS AT IDX: A LOOK AT HOW SHARIAH BANK MERGER WORKS IN INDONESIA

This article provides a comprehensive exploration and analysis of the complex legal framework surrounding the merger of PT Bank Syariah Mandiri, PT Bank BRI syariah Tbk, and PT Bank BNI Syariah, resulting in the establishment of Bank Syariah Indonesia (BSI). The analysis meticulously categorizes the legal requirements applicable to both private and public Shariah banks, referencing key regulations such as POJK 41/2019, Law 40/2007, POJK 15/2020, POJK 74/2016, and others. The study delves into the essential elements of the merger process, navigating through the intricacies involved in formulating a comprehensive merger plan. This includes a detailed examination of share evaluation methodologies and the resolution of associated rights and obligations. The article places significant emphasis on the disclosure of material facts, highlighting the importance of transparently communicating information that has the potential to impact stakeholders. Additionally, the analysis extends to the multifaceted approval processes required for the successful execution of the merger, encompassing internal approvals from boards of directors and commissioners, as well as regulatory bodies. The article sheds light on the intricate procedures and criteria outlined by the Indonesia Stock Exchange (IDX) regarding such transformative transactions, further adding complexity to the overall process.

Internasional Trade Regulation and its Impact on Macroeconomics: An Internasional Law Perspective

This journal article examines the dynamic relationship between international trade regulation and macroeconomics from the lens of international law. International trade, with its complex legal framework, plays a pivotal role in shaping the global economic landscape. Understanding the intricate interplay between trade regulations and macroeconomic variables is crucial for policymakers, scholars, and practitioners alike.
 Through a comprehensive analysis of international trade agreements, dispute settlement mechanisms, and trade policies, this research investigates the legal mechanisms that govern global commerce. It explores the impact of trade regulations on key macroeconomic indicators, such as economic growth, employment, inflation, and balance of payments. This study takes into consideration both the multilateral trading system, exemplified by the World Trade Organization, and regional trade agreements to provide a holistic view of the subject.
 The findings highlight the significant influence of international trade regulation on a nation's economic performance. Effective trade regulation can stimulate economic growth, enhance market access for goods and services, and promote stability in global markets. Conversely, trade disputes and protectionist measures can disrupt economic activities and lead to adverse macroeconomic consequences.
 Furthermore, this research delves into the legal mechanisms available to states to address trade-related disputes and their potential implications on macroeconomic stability. It underscores the importance of a rules-based international trading system in promoting global economic well-being.
 By analyzing international trade regulation through an international law perspective, this article aims to contribute to the ongoing discourse on the relationship between law and economics. It underscores the significance of legal frameworks in shaping macroeconomic outcomes and highlights the need for harmonizing trade policies with broader economic objectives. Ultimately, the research underscores the role of international law as a tool for promoting economic development and stability in the context of global trade.

Definition and Measurement of Corruption in the States of the European Union and the Use of Directions for Assessing Corruption Actions in Ukraine

The article reveals issues related to corruption, which has a negative impact on social security, public spending, budget deficit, tax collection, vulnerable employment, gender equality and the use of EU funds, and approaches to its measurement. It is noted that corruption is associated with an increase in the level of organized crime, a weakening of the rule of law, a decrease in voter turnout in parliamentary elections and trust in state institutions. It is noted that the pandemic and subsequent socio-economic crises called into question the adequacy of the existing mechanisms for controlling the unprecedented volume of finances within the framework of the EU recovery plan. In this complex context, legal and policy frameworks as well as EU instruments that assess anti-corruption efforts are important at all times. But at the same time, all EU member states, solving this problem, have different approaches and methods of its grouping and measurement. According to the conducted studies, there are currently no corruption-free zones in the EU, as all member states have touched this problem, albeit to varying degrees. The concept of corruption is defined as a broader socio-economic problem that covers a number of issues, namely: conflict of interests; clientelism; various forms of favoritism; influence peddling and other similar forms of behavior. A study of modern statistics of corruption offenses as of the first half of 2023 was conducted, which shows positive developments in Ukraine in the fight against corruption, but at the same time, the rate of violations of financial control requirements remains extremely high. Given the difficulty of directly measuring corruption, various (indirect) indicators have been developed based on the perception or experience of this phenomenon and an attempt to quantify the cost of corruption in the EU. It is noted that the main international study is the Global Corruption Barometer (GCB), which collects data on the experience and perception of corruption around the world since 2003. In 2021, the Global Corruption Barometer (GCB) – EU focused on measurements in EU Member States, which confirmed the widespread perception of corruption in Europe and showed that EU citizens are concerned about the close ties between business and politics. Therefore, in the article, the author examines issues related to the measurement of corruption for the possibility of more accurately forecasting the development of this negative phenomenon in the future and taking appropriate preventive measures.

Uncertainty Over the Scope of Borrower Protections in Mortgage Enforcement Proceedings in Alberta: The Problems and Potential Solutions

This article analyzes the complex legal framework surrounding protections for borrowers in mortgage enforcement proceedings in Alberta. It examines two statutory protections — default redemption periods and protection from deficiency judgments — as well as the applicability of non-recourse protection to non-purchase money loans and how Crown immunity has previously curtailed the protections. Homeowners are often unable to navigate the system due to its complexity and the power imbalance between lenders and borrowers. The article advances several possible solutions to this issue, including education initiatives aimed at borrowers, enhanced disclosure obligations for lenders, and reforms to the scope of the borrower protections. These changes aim to assist homeowners in claiming the protections they are legally entitled to and to ensure that Albertans are not needlessly unhoused.