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Full-Text Articles in Law
Interprovincial Sovereign Immunity Revisited, Janet Walker
Interprovincial Sovereign Immunity Revisited, Janet Walker
Osgoode Hall Law Journal
The conventional wisdom has been that the Canadian provincial Crowns are immune from the jurisdiction of the courts of other Canadian provinces just as they are immune from the jurisdiction of foreign courts. This reflects the old views that the provinces are like foreign countries for the purposes of the conflict of laws and that court jurisdiction over the Crown is purely a creature of statute. Recent recognition of the constitutional bases for court jurisdiction and the need to reassess conflict of laws rules in light of the principles of Canadian federalism invites us to revisit interprovincial sovereign immunity, especially …
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Religion, Custody, And A Child's Identities, Shauna Van Praagh
Osgoode Hall Law Journal
Custody decisionmaking in which religion plays a role is significant from the perspective of parents, children, religious communities, and the liberal diverse state. Neither a family law analysis based on best interests, nor a constitutional law analysis based on parental rights, provides a wholly satisfactory response to the task of delineating custody and access when religion is at issue. Instead, a child's sense of identity, partly defined through membership in religious communities, must be considered; at the same time, the child's integrity must be protected. By balancing a child's interests of identity and integrity, courts respect religious freedoms and custodial …
The Past, Present, And Future Of Expressive Freedom Under The Charter, Jamie Cameron
The Past, Present, And Future Of Expressive Freedom Under The Charter, Jamie Cameron
Osgoode Hall Law Journal
More than ten years have passed since the Supreme Court of Canada's first interpretation of the Charter's guarantee of expressive freedom in RWDSU v. Dolphin Delivery. This review of the past, present, and future of expressive freedom under the Charter is in three parts. The first-dealing with the past-traces the evolution of a methodology of expressive freedom in the "first generation" of s. 2(b) jurisprudence. It is followed by an examination of the status of expressive freedom at present, through comments on recent Supreme Court landmarks in Dagenais v. Canadian Broadcasting Corp., Hill v. Church of Scientology of Toronto, and …
The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell
The Charter Dialogue Between Courts And Legislatures (Or Perhaps The Charter Of Rights Isn't Such A Bad Thing After All), Peter W. Hogg, Allison A. Bushell
Osgoode Hall Law Journal
This article responds to the argument that judicial review of legislation under the Canadian Charter of Rights and Freedoms is illegitimate because it is undemocratic. The authors show that Charter cases nearly always can be, and often are, followed by new legislation that still accomplishes the same objectives as the legislation that was struck down. The effect of the Charter is rarely to block a legislative objective, but rather to influence the design of implementing legislation. Charter cases cause a public debate in which Charter-protected rights have a more prominent role than they would have if there had been no …