Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes
R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes
All Faculty Publications
Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …
Freedom Of Expression, Academic Freedom, And Equality: Seven Institutional Responsibilities, Emma Cunliffe
Freedom Of Expression, Academic Freedom, And Equality: Seven Institutional Responsibilities, Emma Cunliffe
All Faculty Publications
This paper considers the institutional responsibilities that arise from the separate but related values of freedom of expression, academic freedom, and equality rights at Canadian public universities.
It introduces some applicable Canadian legal principles and considers whether freedom of expression can properly be limited. It also addresses the importance of institutional support for those who face threats or unfair criticism as a result of activities performed in the course of their university role.
The paper argues that universities should actively foster a robust and inclusive institutional culture that advances substantive equality while ensuring that policies and procedures do not place …
Equality And The Defence Of Provocation: Irreconcilable Differences, Isabel Grant, Debra Parkes
Equality And The Defence Of Provocation: Irreconcilable Differences, Isabel Grant, Debra Parkes
All Faculty Publications
Recent amendments to the defence of provocation have limited access to the defence to those who are provoked by conduct that, if prosecuted, would have been an indictable offence punishable by at least five years imprisonment. The paper argues that these amendments are both over- and under-inclusive and fail to confront the central problem surrounding provocation which is that it privileges loss-of-control rage often in the context of male violence against women or in response to same-sex advances. The paper supports the abolition of the defence of provocation but only if mandatory minimum sentences for murder are abolished providing trial …
R. V. Safarzadeh-Markhali: Elements And Implications Of The Supreme Court's New Rigorous Approach To Construction Of Statutory Purpose, Marcus Moore
All Faculty Publications
The Supreme Court of Canada’s decision in Safarzadeh-Markhali holds great significance, beyond Criminal Law, in the area of Statutory Interpretation: in Markhali, the Court decisively endorses a new rigorous approach to construing legislative purpose. Previously, while legislation itself was long-interpreted utilizing rigorous approaches, legislative purpose was typically construed ad hoc while providing only summary justification. Markhali’s new framework is distinct from prior approaches in at least four ways: (1) It expressly acknowledges the critical importance of purpose construction in many cases; (2) It is conscious of how a less-than-rigorous approach risks being self-defeating of larger legal analyses in which the …
Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay
Surrogates In Quebec: The Good, The Bad And The Foreigner, Régine Tremblay
All Faculty Publications
The regime for the formal establishment of parent-child relationships in the province of Quebec was substantially modified in 2002 in order to achieve equality. Reforms to filiation – the legal bond connecting child and mother or child and father – in Quebec provided means for same-sex couples to adopt, for lesbian couples to conceive using donated sperm and clarified the filiation of children born of assisted procreation. This ‘successful’ reform in terms of equality left untouched an existing rule justified by women’s equality, namely, what the civil law calls the absolute nullity of surrogacy agreements. Surrogacy raises questions about what …