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In their early decisions under the Charter of Rights and Freedoms, the Canadian courts described religious freedom as a liberty that protects the individual from state coercion in religious matters. According to the courts, the individual has both the right to practice their religion without state interference and the right not to be compelled by the state to perform a particular religions practice. However, in later judgments the courts have also, or instead, described religious freedom as a form of equality right that requires the state to remain neutral in religious matters – to not favour the practices and beliefs of one religious community over those of another. Underlying the courts’ judgments is a complex conception of religious commitment in which religion is viewed as both a personal commitment to a set of beliefs about truth and right and as a cultural identity. The challenge for the courts has been to fit this complex conception of religious commitment into a constitutional framework that relies on a distinction between individual choices or commitments that should be protected as a matter of liberty, and individual or shared attributes that should be respected as a matter of equality. The constitutional framework imposes this distinction between judgment and identity on the rich and complex experience of religious commitment.

The Comprehensive Guide to Legal Research, Writing & Analysis, 4th Edition offers an in-depth, comprehensive, and up-to-date resource to help readers develop the practical competencies required by the Federation of Law Societies of Canada. The text provides coverage on provincial, territorial, and federal research tools and processes. It places a keen emphasis on applying research techniques in both academic and professional settings. The text is designed to help readers build key skills, such as analyzing issues and facts, researching legal statutes and cases from various levels of court, creating and maintaining research plans, developing legal arguments, and transitioning their legal writing skills from classroom to courtroom. The newest edition also features a brand new chapter dedicated to Indigenous legal research, written by the Indigenous Law Research Unit at the University of Victoria.

"The aim of this work is to provide a current book-length treatment of International Humanitarian Law (IHL), or the Law of Armed Conflict as it is sometimes known, from a Canadian perspective. Canada’s approach to war has shaped the way in which it interprets and implements international humanitarian law, or the law of armed conflict as it is also called. This handbook provides a useful “first stop” for the Canadian legal community on key topics in international humanitarian law, in a way which pays particular attention to Canadian sources, interpretations, applications and practices where they exist and are publicly available. At the same time, given the iterative nature of the development of international law, especially customary international law, the book will also be useful to practitioners and scholars internationally. Indeed, despite the paucity of publicly available material, Canada has been a regular actor in this area of law and its contributions to the development of international humanitarian law should be highlighted."-- Provided by publisher

"Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution--only four decades old--produced so many surprises? Canada's Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and--looking ahead--anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action."-- Provided by publisher

"In The Life and Death of Freedom of Expression, Richard Moon argues that freedom of expression is valuable because human agency and identity emerge in discourse--in the joint activity of creating meaning. Moon recognizes that the social character of individual agency and identity is crucial to understanding not only the value of expression but also its potential for harm. The book considers a range of issues, including the regulation of advertising, hate speech, pornography, blasphemy, and public protest. The book also considers the shift to social media as the principal platform for public engagement, which has added to the ways in which speech can be harmful, while undermining the effectiveness of traditional legal responses to harmful speech. The Life and Death of Freedom of Expression makes the case that the principal threat to public discourse may no longer be censorship, but rather the spread of disinformation, which undermines public trust in traditional sources of information and makes engagement between different positions and groups increasingly difficult."-- Provided by publisher

For the Encouragement of Learning addresses the contested history of copyright law in Canada, where the economic and reputational interests of authors and th...

More Canadians are riding bicycles than ever before, but misinformation about cycling and the law is common.   Whether you are a cycling commuter, the parent of a child with their first two-wheeler, a recreational rider, or a racer, the chances are you will need this book. In this second edition of Every Cyclist’s Guide to Canadian Law, Christopher Waters, a law … Every Cyclist’s Guide to Canadian Law Read More »

"This book delves into the legal and labour history of Hashemite Iraq to explore the role international law and its institutions played in Iraq's state formation. Focusing on this specific time and place in international legal history, it shows how Iraq was a laboratory for experimentation with the concept of sovereignty. One direct result of this was the development of the doctrine of semi-peripheral sovereignty. This study traces how this doctrine impact on everyday life of working class Iraqis by looking at its impact on imperial law, land law, the transnational law of oil concessions and pipeline agreements, criminal law and emergency law. It takes case studies including the production and trade of the oil fields in Kirkuk, railways in Baghdad and Basra, looking at how workers organized themselves. This unique approach shows in a very real way how international law was the force for key employment practice developments in an emerging nation state."-- Provided by publisher