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Full-Text Articles in Law
The Other Section 7, Margot Young
The Other Section 7, Margot Young
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The somewhat rudimentary notions of liberty, life and security of the person that are corralled by traditional section 7 jurisprudence are not the sole indicator of what the section potentially ought to, and indeed may ultimately, protect and ensure. It is now fairly well established that the rights section 7 of the Canadian Charter of Rights and Freedoms protects apply well outside the sphere of criminal law. Two strands of expansion exist, one less controversial than the other. First, it is relatively clear that section 7 encompasses executive administration of the law. The second path of expansion allows section 7 …
Social Justice And The Charter: Comparison And Choice, Margot Young
Social Justice And The Charter: Comparison And Choice, Margot Young
All Faculty Publications
At a time of radical inequality, the changes sought by social justice advocacy are urgently needed. Yet repeatedly, courts fail to respond adequately to this challenge. A core issue plagues social justice jurisprudence under sections 7 and 15: the difficulty inevitable in the contemplation and expression of the social and political forms in which oppression and social injustice occur. This problem manifests doctrinally in ways specific to the rights at issue. In section 15 cases, the casting of comparator groups has been deeply problematic, and in both section 15 and section 7 cases, the courts fail to deliver a nuanced …
Shifting Borders And The Boundaries Of Rights: Examining The Safe Third Country Agreement Between Canada And The United States, Efrat Arbel
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This article analyzes the Canadian Federal Court and Federal Court of Appeal decisions assessing the Safe Third Country Agreement between Canada and the United States (STCA). It examines how each court’s treatment of the location and operation of the Canada-US border influences the results obtained. The article suggests that both in its treatment of the STCA and in its constitutional analysis, the Federal Court decision conceives of the border as a moving barrier capable of shifting outside Canada’s formal territorial boundaries. The effect of this decision is to bring refugee claimants outside state soil within the fold of Canadian constitutional …