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The introductory chapter to Critical Conversations in Canadian Public Law situates the book "in the midst of some of the most significant social, economic, and political struggles of the past decade", from the COVID-19 pandemic to the Gaza genocide. The introduction describes how the book "seeks to reflect and ignite critical conversations about the centrality of public law and its institutions, broadly defined and deeply contested, to the (re)production of current inequities." It outlines two ways in which the collection is "critical": first, the critical legal methods employed by the contributors (e.g., acknowledging law's political operation, understanding law's relationship with power, and looking beyond descriptive accounts of law to consider its materiality and normativity); and second, "in terms of the importance, urgency, and necessity of deepening our understandings of the relationship between public law and contemporary inequities." Finally, the introduction identifies "five cascading themes reflected across the chapters in this collection—and across our varied experiences with the law—that are pivotal to the law's consistent mobilization to reify extant power disparities in society [...] exceptionalism, capitalism, segmentation, incrementalism, and formalism."
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Critical Conversations in Canadian Public Law is a groundbreaking. open-access collection of peer-reviewed chapters exploring pressing issues at the intersection of public law and critical theory. Contributors examine claims about citizenship, rights. and the role of the state in addressing historic and ongoing injustices. The collection foregrounds critical perspectives such as Indigenous legal orders. critical race theory, feminisms. queer theory, and disability theory, offering an interdisciplinary and contextual understanding of public law. By bridging traditional l egal scholarship and critical approaches. Critical Conversations in Canadian Public Law reimagines public law as a discipline responsive to the diverse realities and urgent demands shaping Canada's legal and social landscape today.
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This chapter provides an overview of equality rights under s. 15 of the Canadian Charter of Rights and Freedoms, including notes and questions to guide reflection on trends and tensions in the jurisprudence. First, the chapter excerpts the text of s. 15 and notes that s. 28 is an additional—though underutilized—equality provision in the Charter. Second, the chapter considers key concepts underlying s. 15, including equality, discrimination, and the justification of infringement under s. 1, with reference to the Court's first s. 15 decision in Andrews. Third, the chapter explores adverse effects discrimination, with excerpts from distinct settings of social hierarchy analyzed by the Court, "e.g., disability (Eldridge), sexuality (Vriend), gender (Fraser), and race/Indigeneity (Sharma)." Fourth, the chapter discusses analogous grounds of discrimination and the Court's leading decision on such grounds (Corbiere). Lastly, the chapter outlines affirmative action under s. 15(2) of the Charter, with reference to the Court's leading decision in Kapp.
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In a new push for ‘lawfare’, pro-Israel groups are weaponizing the courts to silence criticism of Israel
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In a new push for ‘lawfare’, pro-Israel groups are weaponizing the courts to silence criticism of Israel
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