Law Commons^™

Governance And Anarchy In The S.2(B) Jurisprudence: A Comment On Vancouver Sun And Harper V. Canada, Jamie Cameron

Jamie Cameron

The article identifies and explains a double standard in the Supreme Court of Canada jurisprudence. The contrast is between the open court jurisprudence, which is a model of good constitutional governance – or principled decision making – and the Court’s s.2(b) methodology, which is “anarchistic” or capricious and undisciplined, in the sense of this article. Two landmark cases decided in 2004 illustrate the double standard: the first is Re Vancouver Sun, [2004] 2 S.C.R. 332, which dealt with the open court principle under Parliament’s anti-terrorism provision for investigative hearings, it represents a high water mark for open court and s.2(b) …

Introductory Remarks, Benjamin L. Berger, Jamie Cameron

Jamie Cameron

Benjamin Berger and Jamie Cameron worked in partnership with the Osgoode Hall Law Journal to organize this Symposium on Canada’s Charter of Rights and Freedoms. The papers were published in 2013 as a special issue of the Law Journal. The Symposium marked the 30th anniversary of the Charter of Rights and Freedoms, and Berger and Cameron constructed a program that invited critical, theoretical, and comparative reflection on the Charter by Canadian and non-Canadian scholars. Speakers included: Gavin Anderson (University of Glasgow); John Borrows (University of Minnesota); Sujit Choudhry (New York University); Rosalind Dixon (University of New South Wales); Avigail Eisenberg …

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Jamie Cameron

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.

The Charter And Criminal Justice: Twenty-Five Years Later, Jamie Cameron, James Stribopoulos

Jamie Cameron

When the Charter of Rights and Freedoms turned twenty-five in 2007, Professors Jamie Cameron and James Stribopoulos organized a conference which brought together leading thinkers on the Charterand criminal justice. A strong faculty of academics, judges and practitioners debated and discussed the Charter's impact on criminal justice. The papers from this conference, which have now been edited by Professors Cameron and Stribopoulos, provide a fascinating look at how the Charter has transformed the Canadian criminal justice system.

Book Review: The Constitutional Protection Of Freedom Of Expression, By Richard Moon, Jamie Cameron

Jamie Cameron

No abstract provided.

Journalists And Their Secret Sources, Jamie Cameron

Jamie Cameron

Jamie Cameron, Professor at Osgoode Hall Law School, on confidential sources, free press and the link to democratic values.

Confidential Sources: The Public Interest In Keeping Secrets, Brian Rogers, Kevin Donovan, Gail C. Cove, Jamie Cameron, Julian Sher

Jamie Cameron

"Confidential sources: The public interest in keeping secrets What is different about confidential newsgathering sources? Why is it in the public interest to protect these sources, and when is it more important to know who they are? How do shield laws work in the US, and who should set the rules for confidential sources -- the courts or the legislatures?"

Law And Feminism: Editor's Note, Jamie Cameron

Jamie Cameron

No abstract provided.

Abstract Principle V. Contextual Conceptions Of Harm: A Comment On R. V. Butler, Jamie Cameron

Jamie Cameron

This comment provides a critique of the Supreme Court of Canada's decision in R. v. Butler, which held that section 163(8) of the Criminal Code, defining obscenity, is a reasonable limit on freedom of expression under section 1 of the Canadian Charter of Rights and Freedoms. Before discussing the Charter, the Court expanded the scope of section 163(8) to include a prohibition against sexually explicit material that is degrading or dehumanizing. Initially, the author is critical of the Court's methodology, which enlarged section 163(8) at the expense of expressive freedom, without even mentioning the Charter. Once the Court had interpreted …

The Original Conception Of Section 1 And Its Demise: A Comment On Irwin Toy V. A-G Of Quebec, Jamie Cameron

Jamie Cameron

The author submits that the logic and purpose of the Canadian Charter of Rights and Freedom, as it was originally conceived, demand that the substantive rights be given a broad and literal interpretation with limitations imposed exclusively under section 1. This distinction between breach and justification must be maintained to preserve the Charter's integrity. The author suggests that the Supreme Court of Canada's decision in Irwin Toy will only perpetuate the confusion surrounding Charter interpretation. The Court again failed to articulate a concrete conception of section 1 review, and, in obiter dicta, noted that forms of expressive activity having physical …

Patterning Rights Constitutionalism: Thirty Years With The Charter, Benjamin L. Berger, Jamie Cameron

Jamie Cameron

No abstract provided.

Criminal Law (Volume Ii), Jamie Cameron

Jamie Cameron