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Articles 1 - 5 of 5
Full-Text Articles in Law
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Discrimination And Its Justification: Coping With Equality Rights Under The Charter, Richard Moon
Osgoode Hall Law Journal
The article examines and appraises conventional methods of interpreting the section 15 equality rights including a comparison of equality rights under the American Constitution. It determines that the most suitable interpretation is one which prohibits "constructive discrimination." Further, the analysis of section 15 finds a built-in limitation - the right against invidious discrimination - making recourse to section 1 unnecessary. But review of constructive discrimination and its justification is constrained by the adjudicative model and the state action doctrine. In the final analysis, the article challenges us to rethink our classic liberal conceptions of equality by looking less at invidious …
Recent Amendments To Canadian Lottery And Gaming Laws: The Transfer Of Power Between Federal And Provincial Governments, Judith A. Osborne, Colin S. Campbell
Recent Amendments To Canadian Lottery And Gaming Laws: The Transfer Of Power Between Federal And Provincial Governments, Judith A. Osborne, Colin S. Campbell
Osgoode Hall Law Journal
Through an examination of recent amendments to the lottery and gaming provisions of the Criminal Code and of the law reform process involved in those amendments, this article demonstrates the unique structure of Canadian gaming laws and challenges the constitutional validity of provincial regulation as an interdelegation of power.
Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin
Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin
Osgoode Hall Law Journal
In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance. On the one hand, he admits that "interpretivism" is explanatorily inadequate, yet on the other he refuses to accept "non-interpretivism" for he realizes that it has the potential to unmask the politics of law. I argue that Hogg's third way - that Charter interpretation should be progressive and purposive - is incapable of bearing the legitimizing weight which he requires in that it necessitates …
An Essay On Constitutional Interpretation, Noel Lyon
An Essay On Constitutional Interpretation, Noel Lyon
Osgoode Hall Law Journal
The Article sets out a theory of interpretation where the Charter reflects an authoritative standard of public policy. It is not to be used only as a test of legality but as a test of legitimacy. Section 35 of the Constitution on aboriginal rights offers an opportunity in which the Charter's central concept of fundamental justice in the context of a free and democratic society can be applied to break out of sterile common law conceptions and interpretations. The questions of legitimacy and public policy are instrumental to the way we govern ourselves.
"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young
"Son Of Sam" And His Legislative Offspring: The Constitutionality Of Stripping Criminals Of Their Literary Profits, Alan N. Young
Articles & Book Chapters
We have seen in recent years a growing demand to recognize the victims’ rights and needs. In Canadian jurisdictions this has resulted in the introduction of victims-witness assistance programs that are designed to provide support to a victim of crime throughout the court process. Compensation boards have also been set up to provide financial remuneration w those who have suffered injury or loss at the hands of the perpetrator of the crime. In the United States, however, a more aggressive scheme for providing victim redress has been adopted by a number of the state legislatures. These "Son of Sam" laws, …