Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Canadian Charter of Rights and Freedoms; equality; section 15; sexual assault; judicial reasoning; fact determination; stereotypes; proof (1)
- Corporate responsibility; business and human rights; leverage; sphere of influence; John Ruggie (1)
- Habeas corpus; prisoners' rights (1)
- Sentencing; mandatory minimum sentences; Canadian Charter of Rights and Freedoms (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe
Sexual Assault Cases In The Supreme Court Of Canada: Losing Sight Of Substantive Equality?, Emma Cunliffe
All Faculty Publications
The equality guarantee contained in section 15 of the Canadian Charter of Rights and Freedoms has prompted reforms that protect women as complainants in sexual assault cases. This article considers the effectiveness of these reforms. Part 2 supplies a history of the relationships between consent, trial procedure, and substantive equality in sexual assault law. The author argues that substantive equality has had a significant effect on both substance and procedure. Part 3 examines the impact of these reforms by considering the extent to which substantive equality has infused judicial reasoning and fact determination in contested sexual assault cases. Specifically, the …
The 'Great Writ' Reinvigorated? Habeas Corpus In Contemporary Canada, Debra Parkes
The 'Great Writ' Reinvigorated? Habeas Corpus In Contemporary Canada, Debra Parkes
All Faculty Publications
This short prelude to Professor James Oldham’s 2nd Annual DeLloyd J Guth Visiting Lecture in Legal History, “Habeas Corpus, Legal History and Guantanamo Bay,” discusses some of ways that the writ of habeas corpus plays an important role in promoting access to justice and protecting basic liberty interests in contemporary Canadian law. The focus will be on developments in the law since the Canadian Charter of Rights and Freedoms was enacted, touching on two important features of a modern doctrine of habeas corpus, namely flexibility and gap-filling, both of which Professor Oldham also develops in his essay.
From Smith To Smickle: The Charter's Minimal Impact On Mandatory Minimum Sentences, Debra Parkes
From Smith To Smickle: The Charter's Minimal Impact On Mandatory Minimum Sentences, Debra Parkes
All Faculty Publications
This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, and may have in the near future, on mandatory minimum sentences and their legislated proliferation. To answer those questions, the paper first briefly reviews the Supreme Court of Canada case law on the constitutionality of mandatory minimum sentences. The next two sections will outline the approach taken in the recent Smickle decision in the Ontario Superior Court of Justice before moving on to argue that courts should subject the purported goals, justifications and implications of mandatory minimum sentences to a more searching form …
The Case For Leverage-Based Corporate Human Rights Responsibility, Stepan Wood
The Case For Leverage-Based Corporate Human Rights Responsibility, Stepan Wood
All Faculty Publications
Should companies’ human rights responsibilities arise, in part, from their “leverage” – their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even …