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Full-Text Articles in Law
Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene
Employing Older Prisoner Empirical Data To Test A Novel S. 7 Charter Claim, Adelina Iftene
Dalhousie Law Journal
This article builds the case for expanding s. 7 of the Charter of Canadian Rights and Freedoms to apply to prison regulations and decisions in the specific context of an aging prison population. As original empirical data shows, prisons are highly insensitive to age-related problems, and inappropriate or insufficient medical treatment receives official sanction from a wide range of correctional documents. The stark inadequacies of the current system endanger older prisoners' security of the person, and sometimes their lives, in ways that violate their rights under s. 7, since the deprivations they suffer result from legislative policies and state conduct …
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
The Significance Of The Systemic Relative Autonomy Of Labour Law, Bruce P. Archibald
Dalhousie Law Journal
The extent to which labour and employment law form an autonomous subsystem within the legal order is a significant matter in labour relations scholarship. Human capability theory helps explain how open legal constructs for structuring personal work relations are emerging in a relatively autonomous manner Similarly concepts of relational rights and relational contract theory assist in understanding the relatively autonomous development of restorative labour market regulation, with both substantive and procedural dimensions. Moreover dramatic changes in freedom of association doctrine under the Charter, which now procedurally protect collective bargaining, the right to strike and the independence of unions from management, …
Of Malls And Campuses: The Regulation Of University Campuses And Section 2(B) Of The Charter, Sarah E. Hamill
Of Malls And Campuses: The Regulation Of University Campuses And Section 2(B) Of The Charter, Sarah E. Hamill
Dalhousie Law Journal
There have been a number of recent cases from across Canada about whether the Charter applies to public universities. Courts in Alberta have suggested that the Charter will apply to public universities while courts in British Columbia and Ontario have refused to apply the Charter to such cases. In this article I focus on the cases that also involve a claim to use university space, that is, those cases where there is an argument that by failing to allow an event on campus the university has violated the free expression guarantee in the Charter. If the Charter does apply and …
Are All Charter Rights And Freedoms Really Non-Absolute?, Brian Bird
Are All Charter Rights And Freedoms Really Non-Absolute?, Brian Bird
Dalhousie Law Journal
This article challenges the conventional legal wisdom that no right or freedom in the Canadian Charter of Rights and Freedoms is absolute. Section 1 of the Charter is the most commonly cited source of this wisdom, but this provision merely sets out the standard that the state must meet to justify a limit on a Charter right or freedom. Section 1 does not provide advance confirmation that limits satisfying this standard exist for all Charter rights and freedoms. This interpretation, if correct, does not automatically render any of the rights or freedoms in the Charter absolute. Indeed, the standard in …