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Military Law And The Charter Of Rights, Andrew D. Heard
Military Law And The Charter Of Rights, Andrew D. Heard
Dalhousie Law Journal
Substantial re-evaluations of the rules ordering many facets of Canadian society have been required since the introduction of the Charter of Rights and Freedoms, both as a consequence and in anticipation of challenges in the courts. The military community in particular has been faced with extensive difficulties because of the adoption of the Charter of Rights by its parent civilian society. The dilemma the military finds itself in stems from the creation of the Charter by civilian politicians and lawyers who had the problems of a civilian society and legal system in mind; yet it applies equally to the military.' …
Inmates' Rights: Lost In The Maze Of Prison Bureaucracy?, A Wayne Mackay
Inmates' Rights: Lost In The Maze Of Prison Bureaucracy?, A Wayne Mackay
Dalhousie Law Journal
A prison inmate is supposed to have the same basic rights as any other citizen, except to the extent that such rights are circumscribed by physical confinement. This may be surprising to many prison authorities, and most of the general public. The point was made forcefully by Mr. Justice White of the United States Supreme Court in Wolffv. McDonnelI But though his rights may be diminished by the needs and exigencies of the institutional environment, a prisoner is not wholly stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain between the Constitution and the …