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Full-Text Articles in Law
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Lesbians, Gay Men, And The Canadian Charter Of Rights And Freedoms, Brenda Cossman
Osgoode Hall Law Journal
The legacy of the first twenty years of the Charter for lesbians and gay men is a contradictory one of victories and defeats. At the level of doctrine, strategy, and politics, both the victories and defeats have been precarious and contradictory. While gaining formal equality rights, lesbians and gay men have not been able to secure rights to sexual freedom. And while formal equality has displaced the heteronormativity that denied legal recognition and subjectivity to lesbians and gay men, this formal equality has come at a cost. Lesbians and gay men are being reconstituted in law: some are being newly …
Of Pigeonholes And Principles: A Reconsideration Of Discrimination Law, Denise G. Reaume
Of Pigeonholes And Principles: A Reconsideration Of Discrimination Law, Denise G. Reaume
Osgoode Hall Law Journal
The common law has never developed a cause of action for discrimination. Instead, the legislatures have stepped in. This article explores not whether there should be a cause of action for discrimination at common law, but whether our thinking about discrimination from a legal point of view would benefit from drawing upon common law methodology. We can contrast two methodologies for the design and development over time of legal norms: the top-down model of the comprehensive code designed to bring to life a grand theory about the norms regulating human interaction, and the bottom-up model of case-by-case analysis aiming toward …
Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich
Using The Charter To Stop Racial Profiling: The Development Of An Equality-Based Conception Of Arbitrary Detention, David M. Tanovich
Osgoode Hall Law Journal
Do the police use race as a proxy for criminality, particularly, in drug cases? If so, is this a rational discriminatory practice that is based on who the usual offender is or an offensive exercise of racial prejudice? What are the consequences for those communities targeted by the police? This article investigates these questions that have gone unanswered for too long in Canada. After offering a definition of racial profiling, evidence is presented that suggests that the practice is rampant in the United States and is likely practiced by some Canadian police forces, particularly, in cities with large visible minority …