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At the time of their civil divorce, Mr. Marcovitz and Ms. Bruker entered into an agreement concerning custody, access, division of property and support. Their agreement also included an undertaking by each to appear before the Beth Din (rabbinical court) for the purpose of obtaining a get, or divorce, under Jewish law. For their marriage to be dissolved under Jewish law, it was necessary for Mr. Marcovitz to provide, and Ms. Bruker to accept, a “bill of divorce”, or get. Without a get neither party could remarry in the faith, and any subsequent intimate relationship entered into by either of them would be considered adulterous and any children born of that relationship would be viewed a illegitimate.
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Freedom of conscience or religion is no longer protected as the most effective way for the individual to discover spiritual truth, or as necessary to his meaningful commitment to that truth, or because human conscience, the capacity to recognize truth and right, is a divine endowment. The public justification for religious freedom is now framed in more secular terms. In the contemporary context of spiritually diverse community, the protection of religious belief or commitment is most often said to be based on the value of individual judgment or autonomy. What the individual chooses, what she judges to be right or true, is deserving of respect because it has been chosen, because it is an expression of her autonomy or the outcome of her independent judgment.
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The connections between law and religion are many. State laws support some religious values and practices and interfere with others. And, from the other side, religious beliefs often inform or shape state laws. Even if Canadian law does not directly compel citizens to engage in religious practices, to attend church or pray, for example, it sometimes favors or advances the religious practices or values of some members of the community over those of others. And even if it does not directly restrict religious practices on the ground that they are erroneous, Canadian law, when advancing otherwise legitimate public purposes, sometimes impedes minority religious practices.
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The servers and data streams which make up the internet in Canada are owned and controlled by corporations like Rogers and Bell. These businesses have potentially enormous power to control how the internet works, and how much it costs you to use it. Should the government regulate the ways they use this power? The answer, as I argue here, is both yes and no. (Winner of the IT.Can 2007 Student Essay Competition.)
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Judicial Review' means a court reviewing a decision made by an administrative tribunal. When judicial review occurs, should the tribunal be allowed to send a lawyer to court to defend its decision? I think it generally should, and this article explains why.
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