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Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron Oct 2015

Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron

Jamie Cameron

The article identifies and explains a double standard in the Supreme Court of Canada jurisprudence. The contrast is between the open court jurisprudence, which is a model of good constitutional governance – or principled decision making – and the Court’s s.2(b) methodology, which is “anarchistic” or capricious and undisciplined, in the sense of this article. Two landmark cases decided in 2004 illustrate the double standard: the first is Re Vancouver Sun, [2004] 2 S.C.R. 332, which dealt with the open court principle under Parliament’s anti-terrorism provision for investigative hearings, it represents a high water mark for open court and s.2(b) …


Introductory Remarks, Benjamin L. Berger, Jamie Cameron Oct 2015

Introductory Remarks, Benjamin L. Berger, Jamie Cameron

Jamie Cameron

Benjamin Berger and Jamie Cameron worked in partnership with the Osgoode Hall Law Journal to organize this Symposium on Canada’s Charter of Rights and Freedoms. The papers were published in 2013 as a special issue of the Law Journal. The Symposium marked the 30th anniversary of the Charter of Rights and Freedoms, and Berger and Cameron constructed a program that invited critical, theoretical, and comparative reflection on the Charter by Canadian and non-Canadian scholars. Speakers included: Gavin Anderson (University of Glasgow); John Borrows (University of Minnesota); Sujit Choudhry (New York University); Rosalind Dixon (University of New South Wales); Avigail Eisenberg …


The Van Ert Methodology Of Domestic Reception, Jamie Cameron Oct 2015

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Jamie Cameron

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.


The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos Oct 2015

The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos

Jamie Cameron

When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.


Patterning Rights Constitutionalism: Thirty Years With The Charter, Benjamin L. Berger, Jamie Cameron Oct 2015

Patterning Rights Constitutionalism: Thirty Years With The Charter, Benjamin L. Berger, Jamie Cameron

Jamie Cameron

No abstract provided.