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Articles 31 - 36 of 36
Full-Text Articles in Law
The Complex Legacy Of R. V. Cuerrier: Hiv Nondisclosure Prosecutions And Their Impact On Sexual Assault Law, Isabel Grant
The Complex Legacy Of R. V. Cuerrier: Hiv Nondisclosure Prosecutions And Their Impact On Sexual Assault Law, Isabel Grant
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This article examines the impact of the Supreme Court of Canada decision in R. v. Cuerrier from two vantage points. First, the article examines the impact of the decision on HIV nondisclosure prosecutions. Second, it examines the damage done by Cuerrier to sexual assault law outside of the HIV context. The article argues that Cuerrier has both overcriminalized people living with HIV and distorted the law of sexual assault. Through Cuerrier, and subsequent cases, the Supreme Court of Canada has unduly limited the concept of consent and its voluntariness requirement, and distorted the concept of fraud such that deceptions around …
Constitutional Scholars As Constitutional Actors, Liora Lazarus
Constitutional Scholars As Constitutional Actors, Liora Lazarus
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Few constitutional scholars would dispute that Carl Schmitt played a legitimating role in the downfall of the Weimar Republic, or that Albert Venn Dicey has defined the UK and other commonwealth constitutions. Why then is there no general conception of constitutional scholars as constitutional actors? It is now well established that ‘to understand how our Constitution and laws are practised, it is necessary to study and understand many more institutions in the system than simply the Judiciary’ While the focus has broadened to include a range of constitutional office holders and institutions, little has been said about the role and …
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships, Doug Anderson, Alexandra Flynn
Rethinking 'Duty': The City Of Toronto, A Stretch Of The Humber River, And Indigenous-Municipal Relationships, Doug Anderson, Alexandra Flynn
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The nation-to-nation relationship between Indigenous peoples and cities remains largely unexplored in the Canadian context. This oversight is especially problematic in light of the significant percentage of Indigenous people who live in urban areas, and the many concerns that Indigenous and non-Indigenous peoples share. These shared concerns include the environment, land use, housing, social services, and much more, and modern municipalities do make attempts to address Indigenous-specific needs in these areas; but Indigenous-municipal relationships have implications that far exceed the technocratic and siloed ways in which Canadian systems generally approach these broad areas of concern - implications not only with …
Municipal Power And Democratic Legitimacy In The Time Of Covid-19, Alexandra Flynn
Municipal Power And Democratic Legitimacy In The Time Of Covid-19, Alexandra Flynn
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As COVID-19 swept through Canada, cities were at the front lines in curbing its spread. From March 2020, municipalities introduced such measures as restricting park access, ticketing those lingering in public places, and enforcing physical distancing requirements. Local governments have also supplemented housing for the vulnerable and given support to local “main street” businesses. Citizens expected their local governments to respond to the pandemic, but few people know how constrained the powers of municipalities are in Canadian law. Municipalities are a curious legal construct in Canadian federalism. Under the constitution, they are considered to be nothing more than “creatures of …
A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner
A Colonial Castle: Defence Of Property In R V Stanley, Alexandra Flynn, Estair Van Wagner
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In 2016, Gerald Stanley shot 22-year-old Colten Boushie in the back of the head after Boushie and his friends entered his farm. Boushie died instantly. Stanley relied on the defence of accident and was found not guilty be an all-white jury. Throughout the trial, Stanley invoked concerns about trespass and rural crime (particularly property crime), much of which was of limited relevance to whether or not the shooting was an accident. We argue that the assertions of trespass shaped the trial, yet were not tested by the jury through a formal invocation of the defence of property.
Scattered Governance: A Typology For Toronto’S Business Improvement Areas, Alexandra Flynn
Scattered Governance: A Typology For Toronto’S Business Improvement Areas, Alexandra Flynn
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Business Improvement Areas (BIAs) - or Business Improvement Districts as they are known in the United States - are self-taxing local bodies that play an important role in urban governance. Toronto, which was the location of the first BIA in the world, has one of the highest number of BIAs in North America, yet little is known about how these bodies differ across the city. Using a mixed methodological approach that includes geographic information systems mapping, quantitative analysis, and semi-structured interview data, this chapter addresses this gap in knowledge by offering a typology of Toronto BIAs, looking at the metrics …