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Full-Text Articles in Law

Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge Oct 1988

Behaviour Alteration, The Law Reform Commission And The Courts: An Ethical Perspective, Eike-Henner W. Kluge

Dalhousie Law Journal

The Law Reform Commission of Canada, in its Working Paper 43 Behaviour Alteration and the Criminal Law, addresses the issue of the deliberate modification of human behaviour by medical means. It does so vis-A-vis non-consensual treatment prescribed in the purely therapeutic setting as well as with respect to such treatment imposed by way of sentencing. The Commission focuses its deliberations around three questions: 1. Do present laws provide sufficient protection against involuntary or non-consensual administration of behaviour alteration treatment? 2. Should psychological integrity be protected by the Criminal Code as physical integrity already is? 3. Should the law legitimate the …


Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun Mar 1988

Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun

Dalhousie Law Journal

In Regina v. Zundel the Ontario Court of Appeal held that s. 177 of the Canadian Criminal Code, entitled "Spreading false news," did not contravene the guarantee of freedom of expression under s. 2(b) of the Charter of Rights and Freedoms3 and that even if it did, it constituted a permissible regulation under s. 1 of the Charter. Section 177 of the Code punishes "everyone who wilfully publishes a statement, tale, or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest." The defendant was charged under the section …