Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Constitutional Law

Articles, Book Chapters, & Popular Press

Series

Criminal Procedure

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Good Faith, Bad Faith And The Gulf Between: A Proposal For Consistent Terminology, Steve Coughlan Jan 2011

Good Faith, Bad Faith And The Gulf Between: A Proposal For Consistent Terminology, Steve Coughlan

Articles, Book Chapters, & Popular Press

Since the earliest days of section 24(2) jurisprudence, the phrase “good faith” has been used. For nearly as long, it has been used inconsistently. The same is true, to a lesser extent, of the phrase “bad faith.” This article traces the confusion which arises in understanding and in reasoning from the failure to restrict these phrases to single meanings. The article then proposes particular meanings for each, which would limit their applicability to extreme situations at either end of the spectrum. It is proposed that the term “good faith” should only be used in circumstances where it settles that the …


Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan Jan 2008

Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan

Articles, Book Chapters, & Popular Press

It is a remarkable fact that more than 25 years after the Canadian Charter of Rights and Freedoms came into effect, we still have no section 9 jurisprudence. It is not that there have been no decisions at all concerning the right not to be arbitrarily detained, of course, but taken in total they do not come anywhere near setting out an analytical framework. This stands in contrast to most other legal rights in the Charter. Section 7 jurisprudence has established the two-step approach to take in assessing claims under that section, including a three-step test for determining whether a …