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Articles 1 - 7 of 7
Full-Text Articles in Law
Bringing Section 8 Home: An Argument For Recognizing A Reasonable Expectation Of Privacy In Metadata Collected From Smart Home Devices, Ana Qarri
Canadian Journal of Law and Technology
Internet of Things devices (also known as smart home devices) are a fast-growing trend in consumer home electronics. The information collected from these devices could prove very useful to law enforcement investigations. These individual pieces of metadata — the collection of which might appear harmless on its face — can be highly revealing when combined with other metadata or information otherwise available to law enforcement. This article builds an argument in favour of recognizing a reasonable expectation of privacy in metadata collected from smart home devices under section 8 of the Canadian Charter of Rights and Freedoms. This article presents …
Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert
Faith And/In Medicine: Religious And Conscientious Objections To Maid, Daphne Gilbert
Dalhousie Law Journal
Across Canada, health care institutions that operate under the umbrella of religious traditions refuse to offer medical assistance in dying (MAiD) on the grounds that it violates their Charter-protected rights to freedom of religion and conscience. This article analyses the Supreme Court jurisprudence on section 2(a) and concludes that it should not extend to the protection of institutional rights. While the Court has not definitively pronounced a view on this matter, its jurisprudence suggests that any institutional right to freedom of religion would not extend to decisions on publicly-funded and legal health care. MAiD is a constitutionally-protected option for individuals …
Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen
Anonymity And The Supreme Court's Model Of Expression: How Should Anonymity Be Analysed Under Section 2(B) Of The Charter?, Peter Carmichael Keen
Canadian Journal of Law and Technology
The first part of this article will discuss what anonymity is, and the costs and benefits that anonymity confers on expressive activity. I will demonstrate that anonymity is a double-edged sword in that it can both promote and harm free expression. In the second part, I will suggest that there is no doubt that anonymity can be protected under section 2(b) of the Charter. When I first began this article, I intended to examine ‘‘whether’’ anonymity can be constitutionally protected under section 2(b). As my research progressed, I quickly realised that I was asking the wrong question. I discovered that …
Frozen Rights In Canada: Constitutional Interpretation And The Trickster, John Borrows
Frozen Rights In Canada: Constitutional Interpretation And The Trickster, John Borrows
American Indian Law Review
No abstract provided.
Reasoning With The Charter, Gerald Tg Seniuk
Reasoning With The Charter, Gerald Tg Seniuk
Dalhousie Law Journal
Reasoning with the Charter by Leon Trakman is a timely and useful book. It is "timely" because in this the tenth anniversary of the Charter it is appropriate to review its impact, which Prof. Trakman finds wanting and unduly circumscribing. It is also useful, although "useful" is not a term usually associated with a theoreticalbook such as this. Certainly this is not a "how-to" book about Charter application. It does, however, outline a different approach to Charter interpretation and it may be that the neglect by our judges of this approach is a mistake. Perhaps not; but there are at …
Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun
Social And Racial Tolerance And Freedom Of Expression In A Democratic Society: Friends Or Foes? Regina V. Zundel, Stefan Braun
Dalhousie Law Journal
In Regina v. Zundel the Ontario Court of Appeal held that s. 177 of the Canadian Criminal Code, entitled "Spreading false news," did not contravene the guarantee of freedom of expression under s. 2(b) of the Charter of Rights and Freedoms3 and that even if it did, it constituted a permissible regulation under s. 1 of the Charter. Section 177 of the Code punishes "everyone who wilfully publishes a statement, tale, or news that he knows is false and that causes or is likely to cause injury or mischief to a public interest." The defendant was charged under the section …
Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud
Analysis Of The Charter And Its Application To Labour Law, Joel Fichaud
Dalhousie Law Journal
Analysis of the Charter and Its Application to Labour Law This paper: (1) lists the provisions of the Charter of Rights and Freedoms1 which may have relevance to labour law; (2) suggests a possible framework for analysis of the provisions, and; (3) applies the provisions and analysis to aspects of labour law.