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- Border Law and Policy (1)
- Canada-U.S. Border (1)
- Canadian Charter of Rights and Freedoms (1)
- Constitutional Law (1)
- Public law; administrative law; judicial review; procedural review; fairness; substantive review; reasonableness; proportionality; discretion; analytic frameworks; judicial power; Aboriginal administrative law; duty to consult and accommodate; reasons; legitimate expectations; substantive fairness (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Bordering The Constitution, Constituting The Border, Efrat Arbel
Bordering The Constitution, Constituting The Border, Efrat Arbel
All Faculty Publications
It is an established principle in Canadian law that refugees present at or within Canada’s borders are entitled to basic constitutional protection. Where precisely these borders lie, however, is far from clear. In this article, I examine the Canadian border as a site in which to study the constitutional entitlements of refugees. Through an analysis of the Multiple Borders Strategy (MBS) – a broad strategy that re-charts Canada’s borders for the purposes of enhanced migration regulation – I point to a basic tension at play in the border as site. I argue that the MBS imagines and enacts the border …
Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston
Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston
All Faculty Publications
Canadian public law blurs process and substance, a result confirming the prevailing view that this dichotomy ought never to be conceived as a simplistic bright-line distinction. Recent developments have created more than just a blurring but, rather, a strong linking or even fusion of the two. This paper probes the implications of these developments in public law. Section two briefly presents the historic and jurisprudential distinctions between process and substance and assesses its current legal import. Here I argue that judicially created analytic frameworks could assist by bringing a process-substance problem to the surface and constraining its potentially pernicious effects. …