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Full-Text Articles in Law
State Responsibility For International Bail-Jumping, Robert Currie, Elizabeth Matheson
State Responsibility For International Bail-Jumping, Robert Currie, Elizabeth Matheson
Articles, Book Chapters, & Popular Press
Over the last decade, there has been a spate of incidents in Canada and the United States involving Saudi Arabian nationals who, while out on bail for predominantly sexual crimes, were able to abscond from the countries despite having surrendered their passports. Investigation has revealed evidence supporting a reasonable inference that the government of Saudi Arabia has, in fact, assisted its nationals to escape on these occasions. This article makes the case that this kind of conduct amounts not just to unfriendly acts but also to infringements upon the territorial sovereignty of both states and serious breaches of the international …
Tribunal Jurisdiction Over Charter Remedies: Now You See It, Now You Don't, Steve Coughlan
Tribunal Jurisdiction Over Charter Remedies: Now You See It, Now You Don't, Steve Coughlan
Articles, Book Chapters, & Popular Press
The Supreme Court's decision in R. v. Conway (reported ante p. 201) simplifies the test for deciding whether an administrative tribunal has jurisdiction to grant Charter remedies. At least in principle, it heralds a broader approach to allowing litigants to seek such remedies at the earlier stage of a proceeding, rather than waiting for a review before a court or pursuing a parallel action. The attitude behind Conway signals a greater willingness to allow administrative tribunals to grant Charter remedies. The test on the key question of whether a tribunal has jurisdiction over a particular remedy is still essentially the …