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Articles 1 - 5 of 5
Full-Text Articles in Law
Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene
Covid-19, Human Rights And Public Health In Prisons: A Case Study Of Nova Scotia’S Experience During The First Wave Of The Pandemic, Adelina Iftene
Dalhousie Law Journal
The importance of preventing outbreaks in prisons during a pandemic, such as COVID-19, cannot be overstated. The risk of the infection spreading rapidly once inside these institutions is much higher than in the community, due to the underlying vulnerabilities of prison populations and the congregated living nature of prisons. This article documents the Nova Scotia provincial prison system’s experience in dealing with COVID-19 during the first wave, including its uniquely swift decarceration efforts. One goal of this investigation is to identify a set of best practices that can help Canadian prisons systems with their short-term responses to crisis in a …
Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Lise Gotell, Isabel Grant
Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Lise Gotell, Isabel Grant
Dalhousie Law Journal
This paper examines the phenomenon of non-consensual condom removal (NCCR) and its relationship to sexual assault in Canada. Using empirical studies and the insights of feminist theory, we explore the nature of the harms caused by NCCR and contend that this pervasive practice constitutes sexual assault. We then critique the decision of R v Hutchinson, which held that condom sabotage does not negate subjective consent, ignoring the dignitary harms of NCCR. While lower court decisions before Hutchinson recognized that consent to sex with a condom does not include consent to sex without, courts after Hutchinson have struggled to distinguish the …
Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy
Call For Action: Provinces And Territories Must Protect Our Genetic Information, Leah Hutt, Elaine Gibson, Erin Kennedy
Dalhousie Law Journal
The Genetic Non-Discrimination Act (GNDA), passed by Parliament in 2017, seeks to protect Canadians’ genetic information. The GNDA establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the GNDA alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We …
A Review Of Harold Johnson, Peace And Good Order: The Case For Indigenous Justice In Canada, Haneen Al-Noman
A Review Of Harold Johnson, Peace And Good Order: The Case For Indigenous Justice In Canada, Haneen Al-Noman
Dalhousie Law Journal
Haneen Al Noman: A Review of Harold Johnson, Peace and Good Order: The Case for Indigenous Justice in Canada (Toronto: McClelland & Stewart, 2019).
Critique-Inspired Pedagogies In Canadian Criminal Law Casebooks: Challenging "Doctrine First, Critique Second" Approaches To First-Year Law Teaching, Sarah-Jane Nussbaum
Critique-Inspired Pedagogies In Canadian Criminal Law Casebooks: Challenging "Doctrine First, Critique Second" Approaches To First-Year Law Teaching, Sarah-Jane Nussbaum
Dalhousie Law Journal
This article is a critical evaluation of Canadian criminal law casebooks. The author explores the aims, practices, and challenges of these teaching texts by examining their relationship to critique-inspired pedagogical methods. A number of English-language Canadian criminal law casebooks add a welcome feature to the Canadian common law teaching landscape: all but one of six recently published casebooks teach doctrine and critique together. The research builds on an emerging scholarship of Canadian legal education by demonstrating evidence of critical political commitments and critique-inspired teaching methods within Canadian criminal law education. Yet casebook editors and other professors who utilize critical methods …