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Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
Book Review: Privatization, Law, And The Challenge To Feminism, By Brenda Cossman And Judy Fudge (Eds), Dorothy E. Chunn
Book Review: Privatization, Law, And The Challenge To Feminism, By Brenda Cossman And Judy Fudge (Eds), Dorothy E. Chunn
Osgoode Hall Law Journal
No abstract provided.
Book Review: Indigenous Peoples And Governance Structures: A Comparative Analysis Of Land And Resource Management Rights, By Garth Nettheim, Gary D. Meyers And Donna Craig, Benjamin J. Richardson
Book Review: Indigenous Peoples And Governance Structures: A Comparative Analysis Of Land And Resource Management Rights, By Garth Nettheim, Gary D. Meyers And Donna Craig, Benjamin J. Richardson
Osgoode Hall Law Journal
No abstract provided.
Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Anonymous
Compendium: Recent Graduate Student Dissertation And Thesis Abstracts, Anonymous
Osgoode Hall Law Journal
No abstract provided.
No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi
No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi
Osgoode Hall Law Journal
After September 11, 2001, some scholars and policy-makers promoted the racial profiling of Arabs and Muslims as a means towards greater national security. While racial profiling has not been officially sanctioned in Canada, it attracts popular support and undeniably takes place. The first part of this article identifies three different categories of racial profiling in the context of Canada's War against Terrorism. The second part identifies the problems associated with racial profiling. It argues that racial profiling undermines national security while also heightening the vulnerability and exclusion of Arabs, Muslims, and other racialized groups in Canada.
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
Book Review: [Ab]Using Power: The Canadian Experience, By Susan C. Boyd, Dorothy E. Chunn And Robert Menzies (Eds), Afshan Ali
Osgoode Hall Law Journal
No abstract provided.
Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty
Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty
Osgoode Hall Law Journal
This article examines the historical origins of civil liberties and shows their importance to systems of government rooted in the principles of representative democracy. It argues that the subject of civil liberties needs to be distinguished from issues related to criminal justice and human rights, and that too broad a deployment of the language of civil liberties can lead to the importance of civil liberties being underappreciated by the wider public. The article considers how the integrity of the language of civil liberties and the representative system of democracy as a whole can be preserved in the face of the …
Zigzags On Rights Of Accused: Brittle Majorities Manipulate Weasel Words Of Dialogue, Difference, And Chapter Values, Don Stuart
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
No abstract provided.
Constitutional Recognition Of The Role Of The Attoney General In Criminal Prosecutions: Krieger V. Law Society Of Alberta, Lori Sterling, Heather Mackay
Constitutional Recognition Of The Role Of The Attoney General In Criminal Prosecutions: Krieger V. Law Society Of Alberta, Lori Sterling, Heather Mackay
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
No abstract provided.
From Jailbird To Jailbait: Age Of Consent Laws And The Construction Of Teenage Sexualities, Kate Sutherland
From Jailbird To Jailbait: Age Of Consent Laws And The Construction Of Teenage Sexualities, Kate Sutherland
Articles & Book Chapters
Age of consent laws provide an obvious example of direct state intervention into the sexual lives of teenagers. But the reach of this body of law extends further than this, operating in complex and contradictory ways that generate a range of distributive effects. For example, the roles that parents and welfare officials play in enforcement decisions have an impact on broader struggles between teenagers, parents, and state officials over teenage sexual activity and sexual values. Further, in those contexts where age of consent laws do not apply or where they are not enforced, teenage sex will be left in the …
The Harms Of Child Pornography Law, Bruce Ryder
The Harms Of Child Pornography Law, Bruce Ryder
Articles & Book Chapters
The author challenges the assumption that the expansion of child pornography offenses can lead only to a decrease in harm to children and to society. He argues that Canadian child pornography law is incoherent. In some respects, child pornography law makes valuable contributions to the prevention of child sexual abuse by targeting the production, dissemination and use of material ("real" child pornography) that involved harm in production. It also improves the law by criminalizing written and visual material that advocates the commission of sexual crimes against children and youth. In other respects, the law causes harm to society by suppressing …
When Old Meets New: Civil Remedies In The Criminal Context - A New Proposal For Compensating Victims Of Crime, Jean-Pierre A. Laporte, D. Sean Mcgarrity, Jamie Nelson
When Old Meets New: Civil Remedies In The Criminal Context - A New Proposal For Compensating Victims Of Crime, Jean-Pierre A. Laporte, D. Sean Mcgarrity, Jamie Nelson
Journal of Law and Social Policy
No abstract provided.
The Coroner's Inquest As An Equality Rights Mechanism: A Case Study Of The May-Iles Coroner's Inquest Into Domestic Violence In Ontario, Fiona Sampson
The Coroner's Inquest As An Equality Rights Mechanism: A Case Study Of The May-Iles Coroner's Inquest Into Domestic Violence In Ontario, Fiona Sampson
Journal of Law and Social Policy
No abstract provided.
Positive Obligations Under Sections 15 And 7 Of The Charter: A Comment On Gosselin V. Québec, Jamie Cameron
Positive Obligations Under Sections 15 And 7 Of The Charter: A Comment On Gosselin V. Québec, Jamie Cameron
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
No abstract provided.
The Constitutionalization Of Solicitor-Client Privilege, Mahmud Jamal, Brian Morgan
The Constitutionalization Of Solicitor-Client Privilege, Mahmud Jamal, Brian Morgan
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
No abstract provided.
Counting On The Court: The Preservation Of Fundamental Freedoms And Liberties In The Era Of The Security Revolution, Richard C. C. Peck Q.C., Nikos Harris
Counting On The Court: The Preservation Of Fundamental Freedoms And Liberties In The Era Of The Security Revolution, Richard C. C. Peck Q.C., Nikos Harris
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference
No abstract provided.
Book Review: Torture As Tort: Comparative Perspectives On The Development Of Transnational Human Rights Litigation, By Craig Scott (Ed), François Larocque, Mark C. Power
Book Review: Torture As Tort: Comparative Perspectives On The Development Of Transnational Human Rights Litigation, By Craig Scott (Ed), François Larocque, Mark C. Power
Osgoode Hall Law Journal
No abstract provided.
Book Review: Policing And Punishment In London, 1660-1750: Urban Crime And The Limits Of Terror, By John M. Beattie, Jim Phillips
Book Review: Policing And Punishment In London, 1660-1750: Urban Crime And The Limits Of Terror, By John M. Beattie, Jim Phillips
Osgoode Hall Law Journal
No abstract provided.
A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos
A Failed Experiment? Investigative Detention: Ten Years Later, James Stribopoulos
Articles & Book Chapters
Ten years ago, the Ontario Court of Appeal introduced the investigative detention power to Canada with its decision in R. v. Simpson. After providing some necessary background about the realities of police detention practices, the author offers a critical evaluation of Simpson and the ancillary powers doctrine that it relied upon to create this new police power. The author then proceeds to consider how well the investigative detention experiment has fared over the last decade, examining whether it has lived up to the goal that provided its inspiration, namely, the regulation of police detention practices. The author advances two major …