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Second Chances: Bill C-72 And The Charter, Isabel Grant
Second Chances: Bill C-72 And The Charter, Isabel Grant
Osgoode Hall Law Journal
This paper examines the legislative response to the Supreme Court of Canada's decision in R. v. Daviault. The author argues that Bill C-72, which limits the defence of extreme intoxication, is constitutional because of its strong underpinnings in equality. The author reviews the statistics on violence against women and the role of intoxication in that violence to illustrate why the defence of intoxication raises issues of sex equality. The author argues that a court assessing the constitutionality of Bill C-72 should consider this strong foundation in equality and the fact that the Bill is the result of a careful balancing …
Standing In Charter Declaratory Actions, June M. Ross
Standing In Charter Declaratory Actions, June M. Ross
Osgoode Hall Law Journal
Standing rules applicable to Charter declaratory actions are examined. It is argued that, in Charter cases, Supreme Court has taken a restrictive approach to public interest standing that is inconsistent with prior case law and does not forward the purposes of standing law. Alternative forms of standing are also examined. The use of the traditional form of private standing has been severely and, it is suggested, unnecessarily restricted in Charter actions. However, there is a potential for a new form of private standing in the "section 24" plaintiff. The implications of both of these developments are considered.