Your search
Results 506 resources
-
In its 2008 decision in R v Kapp, the Supreme Court of Canada gave broad effect to the Canadian Charter of Rights and Freedom's ameliorative program provision, section 15(2). The Supreme Court's decision signalled that a government respondent's declaration that a program is “ameliorative” may shield it from further scrutiny under section 15(1). This Women's Court of Canada judgment takes the opportunity to reformulate the approach to section 15(2). Although the Charter provides express protection of ameliorative programs, such programs have sometimes been challenged by members of advantaged groups claiming “reverse discrimination.” We argue that such “equality regressive claims” should be caught by section 15(2). However, for challenges to “under-inclusive” programs, deference to the government on the development of ameliorative programs may perpetuate disadvantage experienced by excluded disadvantaged groups and should not be similarly shielded. This decision develops a contextual approach to section 15(2) that ensures that it does not become a loophole through which government respondents can avoid fulsome Charter scrutiny of claims of under-inclusivity. We outline a test that not only encourages government to take affirmative action but is also narrow enough to subject genuine equality claims to section 15(1) review.
-
Joshua Sealy-Harrington, Jonnette Watson Hamilton, 2018 7-1 Canadian Journal of Human Rights 1, 2018 CanLIIDocs 106
-
The crisis of a failing system of judicial interim release disproportionately disadvantages Aboriginal accused persons. Rather than ameliorating this crisis, the principles articulated in R v Gladue and re-affirmed in R v Ipeelee are being interpreted at the bail phase in a manner that exacerbates the problem. A review of Gladue bail jurisprudence reveals the ways in which Aboriginal people in Canada are improperly being sentenced via bail proceedings. The courts have failed to identify the relevant legal principles that should animate bail. Instead, judicial interim release is being utilized as a diagnostic tool and Aboriginal people are inappropriately being subjected to “treatment” via the over-use of sureties and conditions of release. The relevant systemic factors are not properly considered and should play a far greater role in the assessment of risk and the interpretation of Gladue. The paper concludes with a proposal for how Gladue can more appropriately be interpreted and applied in the context of judicial interim release, including an alternate understanding of what systemic factors should animate Gladue bail proceedings.
-
Global administrative law scholars have argued that global administrative law’s principles and normativity can bring about legitimacy to global governance institutions, and subsequently benefit the people of the Global South. I challenge these recent arguments that suggest global administrative law has managed to incorporate the concerns of the Third World. I caution international lawyers’ attempts to theorize global governance as administration to fill the democracy gap within the global space. My arguments are premised on the history of domestic administrative law and its uses to facilitate the settler colonial project in places like North America. I first examine the two animating claims within global administrative law and then focus, based on taxonomies available within the current literature, on procedural administrative law. The procedural argument has been developed by American legal scholars who want to deploy their common law based notions of administrative law within the global space. Based on this analysis, I develop and deploy a case study from the International Criminal Tribunal for Rwanda as illustration of judicial review within an international criminal institution set up by the UN Security Council. In the final section, I challenge global administrative lawyers’ arguments that global administrative law can be a tool of emancipation for the people of the Global South based on the ICTR case study.
-
//static.cambridge.org/content/id/urn%3Acambridge.org%3Aid%3Aarticle%3AS0069005817000030/resource/name/firstPage-S0069005817000030a.jpg
-
What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges that dominated early debates remain stubbornly entrenched, there are also significant promising views and practices. No longer regarded by most as a legal education outlier, clinical and experiential learning has come out of the curricular shadows and taken a prominent place in most law schools in Canada. Nuanced questions now dominate thinking around this generation of clinical and experiential learning. What is the role of community in the creation, decision making, and continuity of clinical programs? How can students balance an increasingly intensive set of learning, professional, and financial challenges? How can clinical and experiential learning be better aligned with the rest of the curriculum, and as accessible as possible? As all respondent law schools but one are expanding their clinical and experiential learning options, these and other questions will continue to animate programs in the foreseeable future.
-
Article Book Review of J.A.M. A. Sluysmans, S. Verbist, and E. Waring, eds., Expropriation Law in Europe (Deventer: Wolters Kluwer, 2015) was published on August 28, 2017 in the journal European Property Law Journal (volume 6, issue 2).
Explore
Author / Editor
- Ali Hammoudi (5)
- Anneke Smit (9)
- Annette Demers (7)
- Beverly Jacobs (10)
- Brian Manarin (12)
- Christopher Waters (27)
- Claire Mummé (9)
- Dan Rohde (3)
- Danardo Jones (7)
- Daniel Del Gobbo (13)
- David Tanovich (57)
- Gemma Smyth (17)
- Irina Ceric (10)
- Jasminka Kalajdzic (29)
- Jeff Berryman (32)
- Jillian Rogin (5)
- Joshua Sealy-Harrington (9)
- Kristen Thomasen (7)
- Laverne Jacobs (22)
- Lisa Trabucco (2)
- Margaret Liddle (3)
- Mita Williams (6)
- Muharem Kianieff (9)
- Myra Tawfik (9)
- Noel Semple (29)
- Pascale Chapdelaine (17)
- Paul Ocheje (8)
- Reem Bahdi (18)
- Richard Moon (32)
- Ruth Kuras (3)
- Sara Wharton (6)
- Shanthi E. Senthe (5)
- Sujith Xavier (21)
- Tess Sheldon (21)
- Vasanthi Venkatesh (9)
- Vicki Jay Leung (9)
- Vincent Wong (4)
- Wissam Aoun (10)
Resource type
Publication year
- Between 1900 and 1999 (63)
-
Between 2000 and 2025
(443)
- Between 2000 and 2009 (129)
- Between 2010 and 2019 (189)
- Between 2020 and 2025 (125)