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Full-Text Articles in Law
The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue
The War On Terror: Constitutional Governance In A State Of Permanent Warfare, W. Wesley Pue
Osgoode Hall Law Journal
This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal "anti-terrorism" legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Incorporating Common Law Into The Constitution Of Canada: Egale V. Canada And The Status Of Marriage, Mark D. Walters
Osgoode Hall Law Journal
Recent decisions of the Supreme Court of Canada raise complicated questions about the relationship between the common law and the Constitution. In particular, a distinction may now be drawn between constitutional common law concepts that are "incorporated" by the Constitution and those that are "free-standing" or "text-emergent." The author explores the significance of these distinctions by examining the argument, accepted in the recent case of EGALE V. Canada, that the reference to marriage in section 91(26) of the Constitution serves to incorporate the common law definition of marriage into the Constitution, thus preventing federal or provincial legislation from legalizing same-sex …
Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach
Racial And Ethnic Profiling: Statutory Discretion, Constitutional Remedies, And Democratic Accountability, Sujit Choudhry, Kent Roach
Osgoode Hall Law Journal
Given the prominence of the issue of racial, ethnic, and religious profiling in the public debate about terrorism, it is significant that Canada's two legislative responses to September 11 - the Anti-terrorism Act and the proposed Public Safety Act - are silent on the issue, neither explicitly authorizing profiling nor expressly banning it. In this article, we focus on the constitutional remedies available for profiling in the face of these statutory silences, and the implication that the choice of remedies holds for both remedial efficacy and democratic accountability. Contrary to the position held by the majority of the Supreme Court …
The Van Ert Methodology Of Domestic Reception, Jamie Cameron
The Van Ert Methodology Of Domestic Reception, Jamie Cameron
Articles & Book Chapters
A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.