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Articles 31 - 36 of 36
Full-Text Articles in Law
Judges And Religious-Based Reasoning, David Blaikie, Diana Ginn
Judges And Religious-Based Reasoning, David Blaikie, Diana Ginn
Articles, Book Chapters, & Popular Press
Is it ever acceptable for a judge in a secular liberal democracy to rely on, and explicitly refer to, religious-based reasoning in reaching a decision? While it is unlikely that many Canadian judges will be seized with the desire to include religious-based reasoning in their judgments, we raise this issue because it allows us to examine the appropriate role of religious-based discourse in a challenging context, where arguments about unconstitutionality are strongest. In a previous article, we concluded that there are no ethical impediments to citizens using such discourse in discussing public affairs. We argued that it is no less …
Restorative Justice, Euthanasia, And Assisted Suicide: A New Arena For Restorative Justice And A New Path For End Of Life Law And Policy In Canada, Jennifer Llewellyn, Jocelyn Downie
Restorative Justice, Euthanasia, And Assisted Suicide: A New Arena For Restorative Justice And A New Path For End Of Life Law And Policy In Canada, Jennifer Llewellyn, Jocelyn Downie
Articles, Book Chapters, & Popular Press
This article examines the current Canadian legal approach to euthanasia and assisted suicide, highlights some of the problems with it, and offers a novel alternative to the current traditionally criminalized prohibitive regime. The authors first describe a restorative justice approach and explain the differences between such an approach and the traditional approach currently in use. They then explain how a restorative justice approach could be implemented in the arena of assisted death, acknowledging the potential challenges in implementation. The authors conclude that taking a restorative justice approach to euthanasia and assisted suicide could enable movement in the seemingly intractable public …
The Maritime Labour Convention, 2006 – Reflections On Challenges For Flag State Implementation, Moira Mcconnell
The Maritime Labour Convention, 2006 – Reflections On Challenges For Flag State Implementation, Moira Mcconnell
Articles, Book Chapters, & Popular Press
This paper begins by providing a brief overview of the International Labour Organization’s Maritime Labour Convention, 2006 (MLC, 2006), noting that this Convention, often called the “Seafarers’ bill of rights”, seeks to achieve both social and labour rights (“decent work”) for seafarers and fair competition (achieving a level-playing field) for shipowners. It has been described as the “fourth pillar” of the international maritime regulatory regime complementing the major International Maritime Organization conventions. The paper provides a brief update on international efforts to achieve the 30/33 formula needed to bring the Convention into force [at present, the tonnage element, 33% …
From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc
From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc
Articles, Book Chapters, & Popular Press
In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will …
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig
Sex Work By Law: Bedford's Impact On The Municipal Regulation Of Sex Work, Elaine Craig
Articles, Book Chapters, & Popular Press
The recent Ontario trial decision in Bedford suggests three interrelated principles that municipal law makers should consider when formulating bylaws aimed at regulating sex work. These principles, if upheld on appeal, will inform the constitutionality of both current and prospective bylaws regulating sex work in Canadian cities. In Bedford, Justice Himel concluded that the constitutionality of laws regulating the sex trade must be determined in a legal context which recognizes the violence faced by sex workers. She confirmed that laws that indirectly make sex work more dangerous and harmful must be consistent with those principles that our legal system, through …
The Relevance Of Delayed Disclosure To Complainant Credibility In Cases Of Sexual Offence, Elaine Craig
The Relevance Of Delayed Disclosure To Complainant Credibility In Cases Of Sexual Offence, Elaine Craig
Articles, Book Chapters, & Popular Press
The relevance of delayed disclosure to a complainant’s credibility in sexual assault cases remains a problematic and confusing area in the law of evidence. Although section 275 of the Criminal Code abrogates the rules regarding recent complaint, courts have been inconsistent in their interpretation and application of the provision since its enactment in 1983. The doctrine of recent complaint evolved from the assumption that a woman who is sexually assaulted will disclose her violation at the first reasonable opportunity. In R. v. D.D., the Supreme Court of Canada ruled that it is impermissible to draw an adverse inference as to …