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Full-Text Articles in Law
Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert
Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert
Dalhousie Law Journal
Across Canada, health care institutions that operate under the umbrella of religious traditions refuse to offer medical assistance in dying (MAiD) on the grounds that it violates their Charter-protected rights to freedom of religion and conscience. This article analyses the Supreme Court jurisprudence on section 2(a) and concludes that it should not extend to the protection of institutional rights. While the Court has not definitively pronounced a view on this matter, its jurisprudence suggests that any institutional right to freedom of religion would not extend to decisions on publicly-funded and legal health care. MAiD is a constitutionally-protected option for individuals …
Common Law Police Powers And The Rule Of Law, Steve Coughlan
Common Law Police Powers And The Rule Of Law, Steve Coughlan
Articles, Book Chapters, & Popular Press
Common law police powers have long been a source of some dispute in the Canadian criminal justice system. On the one hand, their existence is difficult to reconcile with predictability in the law, since in any individual case where a new power is created (generally referred to as use of the "ancillary powers doctrine"), it would not have been possible to know in advance that the police were actually acting legally. On the other hand the benefit for society purchased with that ambiguity is a more tailored response to the particular problem, which might also lead to better results in …