Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Canada; Aboriginal rights; constitutional rights; section 35; territoriality; fisheries; colonialism; sovereignty; Haida; Nisga'a; halibut; quotas; Heiltsuk; Stolo; Okanagan; Musqueam (1)
- Civil liberties; constitutionalism; security; terrorism; government accountability; omnibus legislation; overbreadth; vagueness; Canada (1)
- Comparative constitutional law (1)
- Felon disenfranchisement (1)
- Human rights (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes
Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes
All Faculty Publications
This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …
The War On Terror: Constitutional Governance In A State Of Permanent Warfare?, W. Wesley Pue
The War On Terror: Constitutional Governance In A State Of Permanent Warfare?, W. Wesley Pue
All Faculty Publications
This article assesses Canada's principal legal responses to the challenge presented by terrorism in the aftermath of the September 11, 2001 attacks on the United States. A review of major federal anti-terrorism legislation reveals a legislative response that fundamentally violates core constitutional principles while failing to significantly enhance public safety.
Indigenous Territoriality In Canadian Courts, Douglas C. Harris
Indigenous Territoriality In Canadian Courts, Douglas C. Harris
All Faculty Publications
Territoriality describes the communication or assignment of meaning to particular boundaries in order to assert control over a define space. It encompasses the strategies, used by those attempting to maintain control and those seeking to acquire it, to give meaning to the spatial boundaries that demarcate jurisdiction. This chapter explores the competing territorialities of the Canadian state and indigenous peoples in the context of litigation over Aboriginal rights to fish. Access to and management of the fisheries have been and continue to be one of the principal points of conflict between the state and indigenous peoples. The disputes frequently lead …