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- Aboriginal claims; ipperwash inquiry; police powers; constitution; public forum; trespas law; riot act; emergencies act (1)
- Prisons (1)
- Rights adjudication (1)
- Terrorism; rule of law; overbreadth; constitution; vagueness; racial profiling (1)
- United Kingdom; European Union; France; Germany; Spain; Human Rights; Security; European Court of Human Rights; Proportionality (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes
A Prisoners' Charter? Reflections On Prisoner Litigation Under The Canadian Charter Of Rights And Freedoms, Debra Parkes
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This paper examines over twenty years of prisoner litigation under the Canadian Charter of Rights and Freedoms, beginning with a brief consideration of the social and political context for prisoners into which the Charter was entrenched in 1982, before moving on to consider a variety of successful and unsuccessful prisoners' Charter claims. The author notes some ways in which the impact of the Charter has been diminished at the prison walls, including through a lack of full and meaningful access by prisoners to courts or other means of independent review of prison decisions and conditions, as well as by the …
Protecting Constitutionalism In Treacherous Times: Why 'Rights' Don't Matter, W. Wesley Pue
Protecting Constitutionalism In Treacherous Times: Why 'Rights' Don't Matter, W. Wesley Pue
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Common lawyers have focused too much on rights talk and especially on constitutionally entrenched Bills of Rights in critiquing Anti-Terrorism legislation enacted by democratic common law countries since September 11, 2001. This paper illustrates the ways in which rights talk acts as a distraction from fundamental principles of legality when Anti-Terrorism laws are considered, arguing that embedded rights play three roles antithetical to sustaining governance in accordance with fundamental principles of legality: the roles of paper tiger, Trojan horse, and narcotic.
Police Powers, Trespass And Expressive Rights Under The Canadian Constitution, W. Wesley Pue
Police Powers, Trespass And Expressive Rights Under The Canadian Constitution, W. Wesley Pue
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This paper traces the history of the ancillary police powers doctrine in Canadian police law/ constitutional law over the past 40 years. It identifies a doctrine creep wherein a heading of police power which had modest origins has expanded massively. The expansion is spatial and conceptual and reached its reductio ad absurdum when the entire central area of Quebec city was zoned into no-go areas by police acting without legislative authority, claiming the right to erect barricades in public streets, to issue passes (or not) as necessarily ancillary to police powers. The paper includes the only English translation of the …
Public Protection, Proportionality, And The Search For Balance, Benjamin J. Goold, Liora Lazarus, Gabriel Swiney
Public Protection, Proportionality, And The Search For Balance, Benjamin J. Goold, Liora Lazarus, Gabriel Swiney
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This report examines how courts in the UK and Europe respond when human rights and security appear to conflict. It compares cases from the United Kingdom, France, Germany, Spain, and the European Court of Human Rights (ECtHR). It examines how rights are applied and how courts use the concept of proportionality to mediate conflicts between rights and security. The report concludes that British courts are less consistent in their application of proportionality than countries with constitutional rights protections which tend to be more rigorous in their protections of rights than are countries, like the UK, that rely instead on the …
The Problem Of Official Discretion In Anti-Terrorism Law: Comment On Khawajah, W. Wesley Pue, Robert Russo
The Problem Of Official Discretion In Anti-Terrorism Law: Comment On Khawajah, W. Wesley Pue, Robert Russo
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This paper assesses the first judicial ruling on key provisions of the Anti Terrorism Act. Rutherford J.'s ruling struck down provisions creating a motive requirement in the definition of terrorist activity while upholding the overall structure of the act against challenges on the basis of overbreadth and vagueness. A fault-line divides the two sides of the ruling. On one side the court looked to the lived-experience of legal rules, concluding that including motive requirements would mislead officials in the direction of improper and unconstitutional racial or religious profiling. On the other side of the fault-line the court restricted itself to …