Your search
Results 1,188 resources
-
The regulations in Alberta dealing with driver’s licenses were amended in 2003 to require that all license holders be photographed. The license holder’s photo would appear on his or her license and be included in a facial recognition data bank maintained by the province. Prior to this change, the regulations had permitted the Registrar of Motor Vehicles to grant an exemption to an individual who, for religious reasons, objected to having her or his photo taken. Members of the Hutterian Brethren of Wilson Colony, who believe that the Second Commandment prohibits the making of photographic images, had been exempted from the photo requirement under old regulations, but were required under the new law to be photographed before a license would be issued.
-
In June 2008, I was asked by the Canadian Human Rights Commission (CHRC) to write a report about the regulation of hate speech on the internet, focusing specifically on s. 13 of the Canadian Human Rights Act (CHRA). Section 13 prohibits the repeated communication on the phone system or the internet of any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination such as race, gender, or religion.
-
During the last few years there has been a disinformation campaign against human rights commissions. While it is not surprising that Internet blogs post things about HRCs that are false and malicious, these claims have seeped into mainstream discourse. This paper sets out some of the claims made about the CHRC and describes how they are misleading or just plain false and it considers how these deceptive and invented claims have entered mainstream discourse. This will involve some general observations about the state of public discourse in Canada.
-
This paper summarizes the recommendations made in the report I prepared for the Canadian Human Rights Commission concerning s.13 of the CHRA. In the report I recommended the repeal of the section so that the CHRC and the Canadian Human Rights Tribunal would no longer deal with hate speech, and in particular hate speech on the Internet. I took the position that state censorship of hate speech should be confined to narrow category of extreme expression – that which explicitly or implicitly threatens, advocates or justifies violence against the members of an identifiable group, even if the violence advocated in not imminent – and that the restriction of this narrow category of expression should be dealt with under the Criminal Code rather than the CHRA.
-
Research paper prepared for the Law Commission of Ontario.
-
The approach of both domestic Georgian authorities and international organisations to solving the displacement crisis created by the 2008 Russia–Georgia conflict charted a new path.1 It was radically different than approaches taken in the early 1990s when Georgia was faced with mass displacements following the secessionist conflicts in South Ossetia and Abkhazia. In particular, the expectation that a prompt return to homes of origin would be the preferred durable solution to the displacement was quickly abandoned for a sizeable number of internally displaced persons (IDPs) forced to leave their homes during the 2008 conflict. In its place, the two other theoretically accepted – but much less widely used – durable solutions to displacement (local integration and resettlement) have been embraced with unprecedented speed and vigour, with both funding and logistical support in place to implement such plans.
-
At the turn of this century, the editors of a special issue of the journal International Organization suggested that a greater ‘move to law’ was occurring and that a trend towards the ‘legalization of world politics’ was taking place.1 While this view was contemporaneously criticised as presenting a simplistic conception of law, one which failed to adequately account for the dynamic interaction between norms and policies and between legal and political actors,2 the basic insight that international law and politics intersected seemed undeniable. The 2003 Iraq invasion shook this view. Realists (and ‘neo-cons’ who thought of themselves as realists) were quick to point out that hard power was back – if indeed it had ever gone – and that any ‘liberal moment’ that had emerged in the 1990s (evidenced by robust collective action through the Security Council and the creation of the International Criminal Court, among other things) had ended.3 Many legal scholars perceived a ‘crisis in confidence’ for international law. Some responded to this ‘crisis’ by suggesting that international law reorient itself to new threats and new realities, chipping away for example at the 1945 United Nations (UN) Charter framework that restricted the use of force to narrow exceptions.4
-
This article examines two key administrative law decisions of the 2008-2009 Supreme Court of Canada term. Canada (Citizenship and Immigration) v. Khosa 2009 SCC 12 [Khosa] and Canada (Privacy Commissioner) v. Blood Tribe Department of Health 2008 SCC 44 [Blood Tribe]. Following on the footsteps of Dunsmuir, the landmark decision of 2008 that eliminated the patent unreasonableness standard, members of the Supreme Court of Canada in Khosa debated the proper interpretation of judicial review legislation. Specifically, the central issue in Khosa was whether subsection 18.1 (4)(d) of the Federal Courts Act provides a legislated standard of review that is equivalent to patent unreasonableness. While on one level, the debate of the Court focused on how to recognize and interpret legislated standards of review, its underlying theoretical premise engaged fundamental questions about deference, expertise, rule of law and how judicial review of administrative action may be appropriately placed within the broader spectrum of curial oversight.
Explore
Author / Editor
- Ali Hammoudi (14)
- Anneke Smit (28)
- Annette Demers (19)
- Beverly Jacobs (34)
- Brian Manarin (12)
- Christopher Waters (57)
- Claire Mummé (22)
- Dan Rohde (6)
- Danardo Jones (16)
- Daniel Del Gobbo (38)
- David Tanovich (85)
- Gemma Smyth (39)
- Irina Ceric (22)
- Jasminka Kalajdzic (69)
- Jeff Berryman (56)
- Jillian Rogin (10)
- Joshua Sealy-Harrington (43)
- Kristen Thomasen (30)
- Laverne Jacobs (68)
- Lisa Trabucco (3)
- Margaret Liddle (4)
- Meris Bray (6)
- Mita Williams (10)
- Muharem Kianieff (18)
- Myra Tawfik (20)
- Noel Semple (90)
- Pascale Chapdelaine (42)
- Paul Ocheje (8)
- Reem Bahdi (53)
- Richard Moon (74)
- Ruth Kuras (5)
- Sara Wharton (16)
- Shanthi E. Senthe (8)
- Sujith Xavier (49)
- Sylvia Mcadam (6)
- Tess Sheldon (38)
- Valerie Waboose (4)
- Vasanthi Venkatesh (21)
- Vicki Jay Leung (9)
- Vincent Wong (20)
- Wissam Aoun (28)
Resource type
- Audio Recording (2)
- Blog Post (32)
- Book (92)
- Book Section (152)
- Conference Paper (8)
- Document (10)
- Film (2)
- Journal Article (442)
- Magazine Article (53)
- Newspaper Article (17)
- Preprint (328)
- Report (13)
- Thesis (33)
- Video Recording (4)
Publication year
-
Between 2000 and 2025
- Between 2000 and 2009 (249)
- Between 2010 and 2019 (576)
- Between 2020 and 2025 (363)