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Articles 1 - 7 of 7
Full-Text Articles in Law
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin
Articles, Book Chapters, & Popular Press
The ability to engage in political activity is an essential feature of a democratic society. However, the ability of government lawyers to do so is unclear. While most governments have passed legislation identifying permissible political activity of their employees, it is unclear how the professional obligations of lawyers apply in this context and how these professional obligations interact with this legislation. This article answers these questions. The duty of loyalty to the client requires most government lawyers to refrain from all political activity at the same level of government. The special professional obligations of Crown prosecutors require these lawyers to …
Template Policy Re: Access To Medical Assistance In Dying In Publicly-Funded Institutions, Jocelyn Downie
Template Policy Re: Access To Medical Assistance In Dying In Publicly-Funded Institutions, Jocelyn Downie
Articles, Book Chapters, & Popular Press
Patients are being denied access to assessments for, and provision of, medical assistance in dying (MAiD) in publicly-funded institutions in Canada. Health authorities should implement policies that prohibit forced transfer for MAiD (assessments and provision) unless it can be achieved without undue delay or harm to the patient (as determined by the MAiD Program, not the institution). This is a template policy that health authorities could adopt to ensure access to a legal health service in all publicly-funded institutions (including faith-based institutions) under their authority.
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Articles, Book Chapters, & Popular Press
Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.
Advancing Human Rights-By-Design In The Dual-Use Technology Industry, Jonathon Penney, Sarah Mckune, Lex Gill, Ronald Deibert
Advancing Human Rights-By-Design In The Dual-Use Technology Industry, Jonathon Penney, Sarah Mckune, Lex Gill, Ronald Deibert
Articles, Book Chapters, & Popular Press
It is no secret that technology companies have greased the wheels for human rights abuses around the world — backed by a global web of private sector support and investment that has yielded significant financial returns. For example, the University of Toronto's Citizen Lab recently published research analyzing the use of Internet filtering technology developed by Canadian company Netsweeper in ten countries globally — Afghanistan, Bahrain, India, Kuwait, Pakistan, Qatar, Somalia, Sudan, United Arab Emirates, and Yemen — and concluded these uses likely violated international human rights law. Products like Netsweeper’s Internet filtering systems are often referred to as "dual …
Constitutionalizing Abortion Rights In Canada, Joanna Erdman
Constitutionalizing Abortion Rights In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
This article endeavours to understand the feminist activism from which constitutional abortion rights in Canada were born in the landmark Supreme Court case of R v Morgentaler 1988, and the influence of these rights on continued feminist activism for reproductive justice. Part I reviews abortion practice in the ‘back-alley’ prior to and immediately after the 1969 criminal reform with attention to the direct service activism of liberation feminists in their campaign to repeal the abortion law as a matter of constitutional justice. Part II turns to adjudication in the courts to study how judicial reasoning channelled these constitutional claims, exploring …
Social Science Evidence In Charter Litigation: Lessons From Carter V Canada (Attorney General), Jocelyn Downie
Social Science Evidence In Charter Litigation: Lessons From Carter V Canada (Attorney General), Jocelyn Downie
Articles, Book Chapters, & Popular Press
In this paper, I offer the reflections of an academic who wandered well out of her wheelhouse. While I have graduate training in both philosophy and law, I am not an expert on the use of social science and humanities evidence in litigation. But, through the course of working on Carter v Canada (Attorney General), I had the opportunity to participate directly in the process of marshalling, preparing, analyzing, and critiquing the evidence. My hope is that, through this paper, I can bring a perspective that may be useful both for practitioners who might (or, I would say, should) be …
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Laura Ellyson
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Laura Ellyson
Articles, Book Chapters, & Popular Press
Extradition – the formal rendition of criminal fugitives between states – is well-known to be a time-consuming process that often has impacts, minor or major, on the ability of states to complete prosecution in a timely manner. Thus, the extradition process can sometimes be at odds with the right to trial within a reasonable time, which is part of the overall package of fair trial rights enshrined in international human rights law. In Canada, this right is implemented by paragraph 11(b) of the Canadian Charter of Rights and Freedoms. In recent years Canadian courts have developed a series of principles …