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Moral And Legal Responsibility With Respect To Alleged Mistreatment Of Transferred Detainees In Afghanistan: Presentation To The House Of Commons Special Committee On The Canadian Mission In Afghanistan, Craig M. Scott
Commissioned Reports, Studies and Public Policy Documents
The present paper takes the form of presentation made on February 10, 2010, to the prorogued Canadian House of Commons Special Committee on the Canadian Mission in Afghanistan, with Members of Parliament from the Bloc Québécois, Liberal Party, and New Democratic Party in attendance. The subject of the presentation is a report and commentary on an all-day event organized by the Nathanson Centre on Transnational Human Rights, Crime and Security at York University’s Osgoode Hall Law School. The event, held in Toronto on February 8, 2010, was called the Special Forum on the Canadian Mission in Afghanistan. The thematic title …
The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin
The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin
Articles & Book Chapters
Roncarelli is remembered fifty years later particularly because of Justice Rand's now iconic statement that "there is no such thing as absolute and untrammelled discretion." Justice Rand defined "untrammelled discretion" as circumstances where action can be taken on any ground or for any reason that can be suggested to the mind of the decision maker. This statement has been understood to mean that all public regulation exercised through discretionary decision-making by executive officials has legal boundaries, and that the role of the courts is to ensure that decisions do not exceed those boundaries.In this paper, the author explores several areas …