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Full-Text Articles in Law
A Constitutional Defence Of The Federal Ban On Human Cloning For Research Purposes, Jocelyn Downie, Jennifer Llewellyn, Françoise Baylis
A Constitutional Defence Of The Federal Ban On Human Cloning For Research Purposes, Jocelyn Downie, Jennifer Llewellyn, Françoise Baylis
Articles, Book Chapters, & Popular Press
Parliament's prohibition on cloning in the Assisted Human Reproduction Act has led to divergent views on the validity of the legislation. This article responds to an article in volume 29, no. 2 of this journal by Barbara Billingsley and Timothy Caulfield, who suggested that the federal ban would likely not survive a Charter challenge. Billingsley and Caulfield argued that scientific experiments are expressive acts, deserving of protection under section 2(b) of the Charter, which guarantees freedom of expression. In their view, both the breadth of the legislative objective and the proportionality of the measure would preclude the courts from finding …
Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans
Student Freedom Of Expression: Violent Content And The Safe School Balance, A. Wayne Mackay, Janet Burt-Gerrans
Articles, Book Chapters, & Popular Press
The authors begin with a discussion of of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its application in the balancing of the safe school environment with student freedom of expression. In particular these authors examine cases and scenarios that highlight the complex relationships that result when student expression contains violent content. This timely examination gives consideration to the contemporary …