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Arbitrary Detention: Whither - Or Wither? - Section 9, Stephen Coughlan
Arbitrary Detention: Whither - Or Wither? - Section 9, Stephen Coughlan
Articles, Book Chapters, & Popular Press
It is a remarkable fact that more than 25 years after the Canadian Charter of Rights and Freedoms came into effect, we still have no section 9 jurisprudence. It is not that there have been no decisions at all concerning the right not to be arbitrarily detained, of course, but taken in total they do not come anywhere near setting out an analytical framework. This stands in contrast to most other legal rights in the Charter. Section 7 jurisprudence has established the two-step approach to take in assessing claims under that section, including a three-step test for determining whether a …
Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan
Arbitrary Detention: Whither - Or Wither? - Section 9, Steve Coughlan
Articles, Book Chapters, & Popular Press
It is a remarkable fact that more than 25 years after the Canadian Charter of Rights and Freedoms came into effect, we still have no section 9 jurisprudence. It is not that there have been no decisions at all concerning the right not to be arbitrarily detained, of course, but taken in total they do not come anywhere near setting out an analytical framework. This stands in contrast to most other legal rights in the Charter. Section 7 jurisprudence has established the two-step approach to take in assessing claims under that section, including a three-step test for determining whether a …
Rodriguez Redux, Jocelyn Downie, Simone Bern
Rodriguez Redux, Jocelyn Downie, Simone Bern
Articles, Book Chapters, & Popular Press
Assisted suicide has once again surfaced as an issue of public attention. Just in the past year, four cases have been in the news. In addition the results of a major study on the attitudes of cancer patients in palliative care towards euthanasia and physician-assisted suicide and the results of an Ipsos Reid public opinion poll on assisted suicide were released. Vigorous calls both for and against the decriminalization of assisted suicide followed. Given that it has been fifteen years since the release of the most famous assisted suicide case in Canada, and given this recent spate of attention, we …