Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Section 7 And The Politics Of Social Justice, Margot Young
Section 7 And The Politics Of Social Justice, Margot Young
All Faculty Publications
This paper examines the transformative potential of section 7 of the Canadian Charter of Rights and Freedoms and its potential usefulness in the struggle against social and economic injustice central to Canadian society. Can section 7 of the Charter encompass the protection of social and economic rights? In other words, can section 7 be interpreted to capture the progressive goal of economic redistribution? Three separate issues are considered, each providing different perspectives on the issue. First jurisprudence (doctrine) is considered, i.e. how section 7 can encompass substantive claims to economic redistributive justice. Secondly, the institutional appropriateness and justiciability of socio-economic …
The Chimera Of The Real And Substantial Connection Test, Joost Blom, Elizabeth Edinger
The Chimera Of The Real And Substantial Connection Test, Joost Blom, Elizabeth Edinger
All Faculty Publications
This paper was first presented at a symposium held at the University of British Columbia Faculty of Law on November 5 and 6, 2004 to honour the late Mr. Justice Kenneth Lysyk, a former faculty member and Dean of Law at U.B.C. For this paper we chose a topic that combines both of Ken Lysyk's favourite subjects. We set out to examine how the Supreme Court of Canada has used the "real and substantial connection" test in the conflict of laws and in related areas of constitutional law. This test has been adopted for a variety of purposes. We suggest …
Prisoner Voting Rights In Canada: Rejecting The Notion Of Temporary Outcasts, Debra Parkes
Prisoner Voting Rights In Canada: Rejecting The Notion Of Temporary Outcasts, Debra Parkes
All Faculty Publications
This book chapter examines a successful prisoner voting rights case in Canada and suggests that the opposition in the U.S. to postincarceration legal, social, and economic consequences of criminal conviction would benefit from attention to the way the continued construction of prisoners as temporary outcasts resonates positively in society, assisting to legitimate the myriad penalties and consequences imposed on prisoners' release.