Journal articles on the topic 'Civil rights – Canada'
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1
De Merieux, Margaret. "Extradition as the Violation of Human Rights. The Jurisprudence of the International Covenant on Civil and Political Rights." Netherlands Quarterly of Human Rights 14, no. 1 (March 1996): 23–33. http://dx.doi.org/10.1177/092405199601400103.
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The decision of the Human Rights Committee in Kindler vs. Canada1 marked its first substantive decision on the subject of the violation of human rights under the International Covenant on Civil and Political Rights (ICCPR) consequent upon extradition by a State Party, and making the extradition itself a violation of Covenant obligations. Two cases have followed — Chitat Ng vs. Canada2 and Cox vs. Canada.3 The requesting State in all cases was the United States and given the increase in the numbers of requests for extradition between Canada and that country, from 29 in 1980 to 88 in 1992 and the enthusiasm of Canadian lawyers for proceedings before the Committee, ‘litigation’ in this area is likely to form a significant part of the Committee's work in the future. The ensuing comment analyses the decisions and the issues raised.
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BHATIA, VANDNA. "Social Rights, Civil Rights, and Health Reform in Canada." Governance 23, no. 1 (January 2010): 37–58. http://dx.doi.org/10.1111/j.1468-0491.2009.01466.x.
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Bogart, W. A. ""Guardian of Civil Rights... Medieval Relic": The Civil Jury in Canada." Law and Contemporary Problems 62, no. 2 (1999): 305. http://dx.doi.org/10.2307/1192261.
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Ntalakosta, Anastasia-Maria. "Making Indigenous Peoples’ Rights in Canada Visible." HAPSc Policy Briefs Series 2, no. 2 (December 29, 2021): 14. http://dx.doi.org/10.12681/hapscpbs.29487.
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Although the United Nations have established mechanisms to exercise political authority and influence states’ policies and the global civil society puts pressure on their actions, indigenous peoples continue to face discrimination and violations of their rights. Canada constitutes a great example of a democratic country that is supposed to respect and protect human rights but violates the aboriginal rights extensively. The massive energy projects, Coastal GasLink pipeline, Trans Mountain pipeline and Site C dam, being developed in North and West Canada, do not respect the traditional lands and resources of the indigenous populations that live in the region and have been strongly condemned by the First Nations, the actors of the global civil society and the UN. Nonetheless, the Canadian government continues to fully support their construction. This paper aims to analyse the violations conducted against indigenous populations’ lands by the Canadian government and the reaction of the UN and global civil society, using a series of qualitative and quantitative data based on papers, analyses and reports of Institutes, Study Centers and Organizations.
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McLachlin, Beverley. "Bills of Rights in Common Law Countries." International and Comparative Law Quarterly 51, no. 2 (April 2002): 197–203. http://dx.doi.org/10.1093/iclq/51.2.197.
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On 17 April 2002, Canada will mark the 20th anniversary of the adoption of its bill of rights—the Charter of Rights and Freedoms. At the time, it seemed a momentous event to many, a strange thing to do. True, Canada was a bi-jural country, thanks to Quebec and the Civil Code. Nevertheless, the rest of the country sat solidly in the common law tradition. Codes, or so we thought, were anathema to common law systems that prided themselves on protection of rights through the incremental growth of precedent.
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Major, Marie-France. "Reporting to the Human Rights Committee: The Canadian Experience." Canadian Yearbook of international Law/Annuaire canadien de droit international 38 (2001): 261–85. http://dx.doi.org/10.1017/s0069005800007402.
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SummaryIn 1966, the General Assembly of the United Nations adopted the Covenant on Civil and Political Rights. Once it had acceded to the Covenant, Canada undertook the obligation to make regular reports to the Human Rights Committee (the independent body of experts established under the Covenant) in regard to its protection of human rights and its progress in implementing the new treaty. In the next few pages, the four reports submitted by Canada, as well as the comments issued by committee members in the course of analysis of these reports, are examined, so as to get a better sense of whether, and to what extent, Canada is fulfilling its Covenant commitments.
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Al-Sharieh, Saleh. "Securing the Future of Copyright Users’ Rights in Canada." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 11–39. http://dx.doi.org/10.22329/wyaj.v35i0.5109.
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The Copyright Act includes a set of copyright infringement exceptions that permit the unauthorized use of copyrighted works in order to serve public interest objectives. The Supreme Court of Canada liberally interpreted these exceptions as “users’ rights” by relying on the purpose of the Act, understood as a balance between the authors’ right to be rewarded for their works and the public interest in the dissemination and use of works. The utility of copyright balance to safeguard users’ rights is uncertain. The Act does not explicitly adopt “balance” as a purpose. National and international copyright law traditionally recognize the users’ side in the copyright law balance in copyright exceptions and limitations. And, in copyright law discourse, different stakeholders propose and defend conflicting forms of balance. Therefore, the paper argues that a human rights-based approach to copyright exceptions is more persuasive in justifying their interpretation as users’ rights. Copyright users’ rights mirror the content of the human rights to participate in culture, education, and freedom of expression, which Canada is obliged to implement as a State Party to the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. The proposed approach would align the discourse with key elements of Canadian jurisprudence: (1) human rights as reinforcers of the rule of law; (2) international human rights law as an interpretive tool for Canadian courts; and (3) the need to interpret Canadian legislation in a manner that does not breach international obligations.
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Krane, Joshua A. "Beneficiary-Initiated Modification of Trusts: A Comparative Examination." Revue générale de droit 38, no. 1 (October 23, 2014): 5–46. http://dx.doi.org/10.7202/1027045ar.
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This paper will explore the differences in Canadian common law and Québec civil law in relation to beneficiary-initiated variation and termination of trusts. Modification in Québec civil law focuses on giving proper effect to the intent of the settlor. This results in a far more restrictive regime than in common law Canada, which focuses on the rights of the beneficiaries. However, a rights-based model that recognizes beneficiary-initiated modification would also be compatible with Québec civil law.
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O’Brien, Margaret. "Public Employees Restrictions on Political Activity in Canada, Australia, and the United Kingdom." ICL Journal 15, no. 3 (July 27, 2021): 319–56. http://dx.doi.org/10.1515/icl-2021-0003.
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Abstract The political rights of public employees vary greatly in scope and depth across democratic societies. While some countries balance the need for a neutral government with the rights of its employees, others fail to provide meaningful avenues for expression of political activities. As the civil service has grown and become more vocal, the government’s desire for an impartial government has grown with it. Canada, Australia, and the United Kingdom, three Westminster-style governments who evolved from a once singular legal system, have adopted laws and regulations to address their employees’ political activities with varying effectiveness and form. This Article will analyze each country’s legal framework for these restrictions, within their larger free speech regime. In particular, this Article will use candidacy and social media activity as a lens to examine these restrictions and provide examples for how these restrictions most commonly effect civil servants’ political activities. Although each regime has successes and failures at balancing the government’s need for impartiality with the civil service’s rights to expression, Canada has most successfully established a balance between the government’s interests in neutrality with their employee’s rights to political expression.
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Côté, Marie-José. "Le recours au Comité des droits de l'homme de l'O.N.U. : une illusion?" Les Cahiers de droit 26, no. 2 (April 12, 2005): 531–47. http://dx.doi.org/10.7202/042675ar.
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The international charter of human freedoms became a legal reality via the coming into force of the following three documents : the International Convention on Economic, Social and Cultural Rights, the International Convention on Civil and Political Rights and the optional protocol attached to it. The Human Rights Committee was created under the Convention on Civil and Political Rights. In accordance with the controlling machinery set up under the optional protocol, the Committee must examine complaints from individuals who feel that their rights as defined and protected by the Convention, have been violated. Besides Uruguay, Canada is the country that submits the greatest number of complaints to the Human Rights Committee. To this days, six « communications » putting it into question have been at the origin of the adoption of « final views » two of which have demonstrated a violation of rights laid down in the Convention. Yet various improvements have proved to be desirable so as to make resorting to the Committee more efficient. It is even conceivable that making the rule on exhausting internal recourses might allow the Committee to influence Canadian law by inciting Canada to amend its Constitution or to integrate the Convention into its national law so as to be usable before the courts. The Committee has thereby contributed to increasing the basic freedoms of Canadians via the Convention on Civil and Political Rights. Although their accomplishments have been praiseworthy, work done by the Human Rights Committee risks being incomplete if the status quo continues.
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Manfredi, Christopher P. "The Use of United States Decisions by the Supreme Court of Canada Under the Charter of Rights and Freedoms." Canadian Journal of Political Science 23, no. 3 (September 1990): 499–518. http://dx.doi.org/10.1017/s0008423900012737.
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AbstractThe adoption of the Canadian Charter of Rights and Freedoms has generated considerable interest among legal commentators who question the potential impact of United States civil rights jurisprudence on Charter adjudication. This article offers a preliminary analysis of the impact of US constitutional law generally, and civil rights jurisprudence in particular, on Charter adjudication in the Supreme Court of Canada between 1984 and 1988. Focussing on the Supreme Court's citations of US decisions, the study finds that the frequency of such citations has increased under the Charter. Moreover, the Court's use of these decisions has had a significant substantive impact in defining the nature of constitutional interpretation and the content of the Charter's legal rights.
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Waters, Rosanne. "African Canadian Anti-Discrimination Activism and the Transnational Civil Rights Movement, 1945–1965." Journal of the Canadian Historical Association 24, no. 2 (May 15, 2014): 386–424. http://dx.doi.org/10.7202/1025083ar.
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Several recent historical works have challenged interpretations of the civil rights movement in the United States as a strictly domestic story by considering its connections to anti-racist struggles around the world. Adding a Canadian dimension to this approach, this article considers linkages between African Canadian anti-discrimination activism in the 1950s and early 1960s and African American civil rights organizing. It argues that Canadian anti-discrimination activists were interested in and influenced by the American movement. They followed American civil rights campaigns, adapted relevant ideas, and leveraged the prominent American example when pressing for change in their own country. African Canadian activists and organizations also impacted the American movement through financial and moral support. This article contributes to the study of African Canadian history, Canadian human rights history, and the American civil rights movement by emphasizing the local origins of anti-discrimination activism in Canada, while also arguing that such efforts are best understood when contextualized within a broader period of intensive global anti-racist activism that transcended national borders.
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Lazar, Fred. "Multilateral Trade Agreement for Civil Aviation." Air and Space Law 36, Issue 6 (December 1, 2011): 379–400. http://dx.doi.org/10.54648/aila2011038.
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Emirates Airlines wants greater access to Canada than is currently permitted under the existing Air Services Agreement between Canada and the United Arab Emirates. Thus far, the Government of Canada has legitimately refused the requests. The dispute between Canada and the United Arab Emirates (UAE) over air traffic rights boils down to two fundamental issues that transcend both countries: 1. The importance of the civil aviation sector (airlines, airports, and support services) to the economies of both countries; and 2. The importance of a level playing field for competition between the domestic carriers of each country and between the major hub airports of each country. It is time to have a serious debate on the future regulatory structure for the global civil aviation industry. The resolution of the second issue necessitates that we revisit the current regulatory structure for the airline industry and consider moving away from bilateral Air Services Agreements to a multilateral framework for the industry. There are at least three different ways to proceed to address the issues related to subsidies, capacity dumping, and safeguards for the airline industry. While the multilateral approach is the preferred option, it is unrealistic to assume that there will be sufficient support to move quickly to multilateral negotiations. Nevertheless, it is important to begin to move in this direction, not only to resolve disputes such as the one between Canada and the UAE but also to be prepared to resolve future disputes that inevitably will arise. While Emirates Airlines executives have focused on the importance of consumer interests, there are many more stakeholders involved, and even consumer and taxpayer interests might not be best served by subsidies, capacity dumping, and arbitrary decisions to retaliate.
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Gruben, Vanessa, Elaine Hyshka, Matthew Bonn, Chelsea Cox, Marilou Gagnon, Adrian Guta, Martha Jackman, et al. "Urgent and long overdue: legal reform and drug decriminalization in Canada." FACETS 9 (January 1, 2024): 1–28. http://dx.doi.org/10.1139/facets-2022-0080.
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The International Guidelines on Human Rights and Drug Policy recommend that states commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. In respect of the Guidelines and standing obligations under UN Treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people-centered, and public health approach. This approach must commit to the decriminalization of people who use drugs and include the decriminalization of possession, purchase, and cultivation for personal consumption. In this report, we will first turn to the legal background of Canada's drug laws. Next, we will provide an overview of ongoing law reform proposals from civil society groups, various levels of government, the House of Commons, and the Senate. We end with a three-staged approach to reform and a series of targeted recommendationscr.
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Langevin, Louise. "The Compensation of Wrongful Pregnancy in Québec Civil Law." Canadian journal of law and society 14, no. 01 (1999): 61–82. http://dx.doi.org/10.1017/s0829320100005937.
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AbstractThe Supreme Court of Canada has recognized the right to reproductive autonomy for women based on the right to liberty protected by section 7 of the Canadian Charter of Rights and Freedoms. Thus, it is a woman's choice whether to have children. It follows, therefore, that in the case of a violation of her reproductive autonomy, a woman has a right to compensation. It is in light of these principles that I analyze the wrongful pregnancy cases in Québec civil law. From a feminist analytical framework, I posit that Québec courts have effectively denied women the right to reproductive autonomy by awarding compensation for the cost of child-rearing only in cases where a difficult economic situation is evidenced by the parents. In so doing, the courts have not only refused to fully compensate women for the injuries caused to them, but they continue to reproduce the dominant pronatalist ideology in reproductive matters. This judicial reaction to cases of wrongful pregnancy is another example of the gendered dimension of law.
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Embong, Abdul Rahman. "Democracy, Human Rights, and Civil Society in South East Asia." Canadian Journal of Political Science 37, no. 4 (December 2004): 1050–51. http://dx.doi.org/10.1017/s0008423904390219.
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Democracy, Human Rights, and Civil Society in South East Asia, Amitav Acharya, B.M. Frolic and Richard Stubbs, eds., Toronto: Joint Centre for Asia Pacific Studies, 2001, pp. 208This is an important volume on the hotly debated topic of democracy, human rights and civil society in South East Asia, a region that has witnessed a confrontation between the old order of authoritarian regimes and strong states on one hand, and the new democratic forces embedded in an emerging civil society, on the other. The focus of the book is on the evolution of debates about democracy and human rights during the decade following the end of the Cold War in 1989 to the 1997–98 Asian economic crisis, with the latter being regarded as the watershed that unleashed the democratic forces. The book consists of nine chapters, plus an introduction and a conclusion, contributed by nine political scientists. Except for Johan Saravanamuttu, who is from the region under study, the other contributors are Southeast Asianists teaching at various universities in Canada, the United States, and Australia.
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Mann, Ruth M. "The Harper Government's New Right Neoliberal Agenda and the Dismantling of Status of Women Canada and the Family Violence Initiative." International Journal for Crime, Justice and Social Democracy 5, no. 2 (June 1, 2016): 50–64. http://dx.doi.org/10.5204/ijcjsd.v5i2.308.
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This paper situates the Harper government’s 2006 restructuring and effective dismantling of Status of Women Canada and its 2011 take down of the approximate 12,000 volume online library of the federal Family Violence Initiative in relation to two developments. These are the ascendant influence of men’s rights and other antifeminist activism in Canada and globally; and the concurrent rise of a Hayekian-animated New Right neoliberal agenda intent on subordinating civil society and democratic rule to the forces of twenty-first century global capitalism. The paper contends that anti-feminism is among a host of neoconservative forces that the New Right instrumentalizes to augment and advance and its neoliberal agenda. For the New Right, however, the enemy is not gender equality or feminism per se but rather the market inhibiting commitment to social justice that feminism participates in and advances.
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Abella, Irving. "Presidential Address: Jews, Human Rights, and the Making of a New Canada." Journal of the Canadian Historical Association 11, no. 1 (February 9, 2006): 3–15. http://dx.doi.org/10.7202/031129ar.
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Abstract For the first half of the twentieth century, Canada was not a welcoming place for Jews. Xenophobia, nativism and anti-Semitism lay behind a wide range of quotas and restrictions that limited where Jews could live, be educated, work, or play. During the 1920s, 30s, and 40s, Nazi propaganda, a search for economic scapegoats, fear of communism, religious hatreds, and a general concern about recent rapid immigration all contributed to the problem. Then in the late 1940s, Canadian Jewish leaders launched an offensive against discriminatory practices. Through a publicity campaign and other efforts, they gradually won allies in church and service groups, the Association of Civil Liberties, and the new Ontario premier, Leslie Frost. By the 1960s, mechanisms to protect minorities were in place and Canada had begun the process of repealing its racist immigration laws. Efforts of Jewish leaders in the human rights movement of the 1940s and 50s played a central role in improving the treatment of minorities in late twentieth-century Canada.
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Teleshev, S. "Definition of the ‘right of an individual to information regarding himself’." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 108–12. http://dx.doi.org/10.24144/2307-3322.2021.66.18.
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The rapid development of the information society, a certain dependence of people on the modern way of life and not keeping up with the constantly emerging new types of actual legal relations, outdated rules of law, the legal science in civil law regulation of information rights requires some changes, improvements, adding of the new terminology.One of these types of “new” information rights is the right of an individual to information regarding himself.In this research, the author analyzes the current legislation of Ukraine on the existing rights of individuals to information regarding themselves, does the comparative analysis of the conceptual legal framework of US, Canada, China, Australia and South Africa with national standards for the implementation and protection of individuals’ rights to information regarding themselves.The author defines a universal and generalizing concept of the right of an individual to information regarding himself, its characteristics as a subjective right that meet modern challenges and current requirements of legal science, form an idea of the content of this right, and draw conclusions about the need for careful and in-depth studying of this type of right and further implementation it in the legislation.
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Blackstock, Cindy. "The Complainant: The Canadian Human Rights Case on First Nations Child Welfare." McGill Law Journal 62, no. 2 (June 5, 2017): 285–328. http://dx.doi.org/10.7202/1040049ar.
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In February 2007, the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations filed a complaint under the Canadian Human Rights Act alleging that the Government of Canada’s inequitable provision of child welfare services to 163,000 First Nations children, along with its flawed implementation of Jordan’s Principle, was discriminatory on the prohibited grounds of race and national ethnic origin. The case was highly contested. By the time the final arguments were heard in 2014, the Government of Canada had made eight unsuccessful attempts to get the case dismissed on technical grounds and breached the law on three occasions. On 26 January 2016, the Canadian Human Rights Tribunal substantiated the complaint and ordered the Canadian Government to cease its discriminatory conduct. This article describes this historic case from the perspective of the executive director of the complainant, the First Nations Child and Family Caring Society of Canada, highlighting access to justice issues for equality-seeking Indigenous groups, children, and civil society. Recommendations for reform are discussed.
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Denike, Margaret. "Religion, Rights, and Relationships: The Dream of Relational Equality." Hypatia 22, no. 1 (2007): 71–91. http://dx.doi.org/10.1111/j.1527-2001.2007.tb01150.x.
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This essay provides an analysis of the terms by which the question of extending civil marriage to same-sex couples has been posed, advanced, and resisted in Canada and the United States in the past few years. Denike draws on feminist theories of justice to evaluate the strategies and approaches of initiatives to reform the laws governing the state's recognition—and lack thereof—of personal relationships of dependency and care. She also examines the political opposition to such reforms and the challenges posed for advancing human rights for gays and lesbians in the face of social and political prejudice against same-sex marriage.
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Ho, Rob, and Christopher Lee. "Asian Canadian Studies as an Emancipatory Project." AAPI Nexus: Policy, Practice and Community 15, no. 1-2 (September 2017): 1–14. http://dx.doi.org/10.17953/1545-0317.15.1.1.
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With the rise in global neoliberalism and right-wing populism, higher education in Canada is at the forefront of the battleground for racial equality, multiculturalism, and diversity efforts. This essay argues for the importance of Asian Canadian Studies (ACS) as a means to combat ongoing manifestations of racism and racialization in the academy. We examine the necessity of ACS as an emancipatory project—its objectives and the challenges it faces. There are currently three existing ACS programs in Canada, and we will focus in particular on the University of British Columbia's Asian Canadian and Asian Migration Studies Program as an illustrative example of how to promote social justice and civil rights in Canadian higher education. The importance of ACS and its effectiveness are discussed in the context of university settings.
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Murphy, Julia. "You Can’t Go Outside: Involuntary Hospitalization and Access to the Outdoors in Health Care." International Journal of Mental Health and Capacity Law 2019, no. 25 (April 9, 2020): 26. http://dx.doi.org/10.19164/ijmhcl.v2019i25.938.
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<p>This paper will explore the practice of withholding a person’s access to the outdoors while under involuntary hospitalization, or civil commitment, in the province of Ontario, Canada. Following a question from the author’s clinical practice, the paper asks: Are we denying mental health patients a right that is protected for prisoners?<br />An overview of the structure of the Canadian legal system and the role of international human rights law in local legislation is offered to situate lack of outdoor access under civil commitment in a broad legal context. The intention of legal and ethical positions described in human rights and mental health law will be considered in light of how these support or negate current practices in health care. Key issues of civil commitment will be defined. Law and policy governing outdoor access in other institutions such as prisons and detention centers will be outlined as a point of comparison.</p><p><br />The purpose of this paper is to serve as a guide to thinking through the issue of institutional confinement without access to the outdoors when a person’s independent freedom of movement is compromised, legally or otherwise. Should there be future interest in challenging this practice, this paper will be useful as a primer for how to approach legislation and institutional policy.</p><p><br />Key words: Canadian legal system; Mental Health Act (1990); Ontario; Deprivation of liberty; Ultra vires; Human rights; Psychiatric nursing; Hospital design; Outdoor spaces; Fresh air; Patient rights; Civil commitment</p>
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Salcedo, Emily Sanchez. "Expanding the Role of the Philippine Commission on Human Rights for the Protection of Gender Equality in the Workplace." Asia-Pacific Journal on Human Rights and the Law 18, no. 1 (June 15, 2017): 48–77. http://dx.doi.org/10.1163/15718158-01801003.
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The multi-layered system of human rights protection complemented by a comprehensive campaign for human rights promotion in Canada can provide strategic guidance for the Philippine Commission on Human Rights as it manifests unfortunate hesitation to exercise its statutory mandate to protect and promote women’s rights. Originally created for the primary purpose of investigating all forms of human rights violations involving civil and political rights under the 1987 Philippine Constitution, the Philippine Commission on Human Rights lacks the capacity and has insufficient resources to extend its reach. The three main functions of mediation, investigation, and referral to adjudication, of the human rights commissions in various Canadian provinces and territories, as well as at the federal level, readily offer an appropriate and affordable model that can be easily emulated in the Philippine setting.
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Zaika, K. "Patterns of National Integration in Response to Growing Immigration." World Economy and International Relations, no. 6 (2015): 59–70. http://dx.doi.org/10.20542/0131-2227-2015-6-59-70.
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The paper summarizes immigration policy models in Germany, France, the UK, the USA and Canada in response to the growing immigration flows since the second half of the XXth century. By contrast with “traditional” nation states of Western Europe, the USA and Canada have developed on the basis of the settler colonies having melted immigrants of various ethnic and cultural origins. The USA and Canada have been prioritizing immigration as a factor of their national development. Although public culture in these immigration states has been developing on some specific cultural patterns, American and Canadian societies have not generated the concepts and perceptions of an “ethno-cultural” core of the nation as such. One of the reasons for current integration issues in the West is the struggle of immigrants for their collective cultural rights in host societies. Differences in political culture between Western European states and immigration states (the USA and Canada in this case) determine the gap in the institutionalization of collective rights for immigrants and, correspondingly, specific character of integration issues. Transition to the pluralistic model of national integration in the USA and Canada is determined by the following factors. First, due to mass immigration, there emerged liberalization of immigration policies. Secondly, in the post-war period, political cultures in liberal democracies witnessed a pronounced republican tendency, due to the ideological influence generated in times of The African-American Civil Rights Movement.
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Rahalus, Margareta, Josina Augustina Yvonne Wattimena, and Irma Halimah Hanafi. "Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara." TATOHI: Jurnal Ilmu Hukum 2, no. 9 (November 30, 2022): 896. http://dx.doi.org/10.47268/tatohi.v2i9.1429.
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Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.
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Bélanger, Damien-Claude. "Loyalty and Lobbying: French-Canadian Delegates in London, 1763–1840." London Journal of Canadian Studies 35, no. 1 (November 30, 2020): 29–66. http://dx.doi.org/10.14324/111.444.ljcs.2020v35.003.
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This article examines the individuals who came to London in order to lobby the imperial authorities in favour of the expansion of French-Canadian rights from the 1763 Treaty of Paris to the 1840 Act of Union and who were delegated by a significant body or institution within French Canada. Early efforts were centred on the expansion of religious rights and the perpetuation of Quebec’s legal and social institutions, including French civil law and the seigneurial system. Religious affairs remained an important facet of French-Canadian lobbying throughout the British regime, though the issue of political reform, which came to the fore in the 1780s, soon came to dominate lobbying efforts. These efforts were predicated on ideas of loyalty, as delegates sought to negotiate a place within the British Empire for French Canada. They lobbied London to allow French Canadians to fully participate in civic life within the framework of British political institutions while also allowing Quebec to retain its particular religious and social institutions. Delegates experienced some success, especially when they enjoyed the support of the colonial authorities at Quebec, but often failed to achieve their goals because they ran counter to British policy or because their English-speaking opponents had greater access to Whitehall.
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Scutt, Jocelynne. "Charkaoui v Canada (Citizenship and Immigration), 2007 SCC 9 (23 February 2007), Docket 30762, 30929, 31178." Denning Law Journal 19, no. 1 (November 27, 2012): 251–57. http://dx.doi.org/10.5750/dlj.v19i1.385.
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A BEACON AGAINST THE PASSAGE AND IMPLEMENTATION OF REPRESSIVE LAWFollowing the felling, by aircraft, of the twin towers of the New York World Trade Centre on 11 September 2001, Western democracies have each passed a raft of ‘anti-terrorist’ or security legislation consistently criticised for breaching human and civil rights. On February 23rd 2007 the Canadian Supreme Court unanimously determined that provisions of Immigration and Refugee Protection Act 2001 (Canada) purporting to protect citizens from terrorism and terrorists infringe the Canadian Charter of Rights and Freedoms ‘the Charter’).1 Albeit not going as far as the Applicants wished, the decision is an affirmation that governments and parliaments do not have carte blanche for restricting the rights of persons within a state’s borders in the name of protection and security.
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Abiodun, Odusote. "Perspectives on the Participation of Civil/Public Servants in Partisan Politics in Nigeria: A Call for Rethinking and Revision of the Public Service Rules." African Journal of Politics and Administrative Studies 16, no. 1 (June 1, 2023): 376–90. http://dx.doi.org/10.4314/ajpas.v16i1.22.
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Towards the 2023 general elections in Nigeria, the debate on the validity and application of the principle of absolute political neutrality of civil servants resurfaced. This principle requires civil servants to abstain from political activities including campaigning and joining political parties. The Federal Civil Service Commission and the Attorney General of the Federation contend that the Public Service Rules prohibit civil servants from political activities. However, the Nigeria Labour Congress and other labour unions disagree and argue that the Public Service Rules contravene the constitution and violate civil servants' fundamental rights to freely associate and belong to a political party. This study interrogates the legality and desirability of the principle of absolute political neutrality in the Nigerian Civil Service. It draws upon the extant statutory framework, relevant jurisprudence, scholarly literature and contemporary practices in other jurisdictions. The finding of this study shows that the Public Service Rules as presently constituted violate constitutional provisions and civil servants' rights to hold and join political parties of their choice. The central argument is that constitutionalism principles in Nigeria and practices in other jurisdictions increasingly invalidate an approach that anchored civil servant loyalty and effectiveness on the principle of absolute political neutrality. The study concludes by recommending that in line with practices in the United Kingdom and Canada, the Civil Service Rules should be revised to permit differentiated prohibitions. This will permit civil servants that hold non-sensitive positions to hold political opinions and join political parties of their respective choice.
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Argelich-Comelles, Cristina. "Blockchain for civil mediation in conflicts in condominiums." Journal of Infrastructure, Policy and Development 8, no. 6 (July 5, 2024): 5185. http://dx.doi.org/10.24294/jipd.v8i6.5185.
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This paper foresees a critical analysis and development of a legislative proposal for the effective implementation of blockchain technology in Civil Mediation in conflicts in condominiums. This paper provides a legal analysis of personal, property rights and condominium disputes, applying blockchain technology for the purpose of self-executing civil mediation. This paper provides several solutions for conflicts in condominiums: Condominium Statute in blockchain, telematic attendance and voting systems, the self-execution of civil mediation agreements in conflicts in condominiums and Tokenization and IoT for property remote control in condominiums. The novelty of this research lies in the fact that, based on the experience of civil mediation in conflicts in condominiums, foreseen in US States and in other States such as Canada, Spain, the regulation is adapted for the correct application of blockchain technology for mediation in conflicts in condominiums.
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Johnson, Susan W. "Stability and Change: Policy Evolution on the Supreme Court of Canada, 1945–2005." Canadian Journal of Political Science 52, no. 2 (October 1, 2018): 343–62. http://dx.doi.org/10.1017/s0008423918000732.
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AbstractStudies of the Supreme Court of Canada (SCC) focus largely on its policy-making role and its interpretation of the Charter of Rights. However, less studied are the Court's decisions in earlier periods, especially in comparison to the Charter years and in cases beyond civil rights and liberties. This study fills a gap in the scholarship by analyzing the universe of decisions from 1945 to 2005 in criminal, tax and tort cases. Utilizing Baum's (1988, 1989) method to examine policy change, I explore policy trends on the Supreme Court. The findings suggest that, for the most part, the SCC has remained a stable, consistent body over the course of its modern history. It appears that most of the variation in judicial output across time is due to issue change with some shifts due to personnel and membership change.
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Klopp, Brett. "Integration and Political Representation in a Multicultural City: The Case of Frankfurt am Main." German Politics and Society 16, no. 4 (December 1, 1998): 42–67. http://dx.doi.org/10.3167/104503098782487013.
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Cities have long been the destination of those on the move. Migrationand especially immigration always raise issues of inclusion andexclusion, of rights and obligations, and of the meaning of membershipand citizenship. The particular form and content of thesedebates vary, just as host countries, national and local governments,and immigrant populations vary. Over the past few decades, patternsof immigration have begun to shift away from classical immigrationcountries (the United States, Canada, Australia) toward the democraciesof the European Union. “In this troubled world, WesternEurope has in fact, become a fragile island of prosperity, peace,democracy, culture, science, welfare and civil rights,” according tourban sociologist, Manuel Castells. “However, the selfish reflex oftrying to preserve this heaven by erecting walls against the rest ofthe world may undermine the very fundamentals of European cultureand democratic civilization, since the exclusion of the other isnot separable from the suppression of civil liberties and a mobilizationagainst alien cultures.”
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Tung, Audrey, Reuban Rose-Redwood, and Denise Cloutier. "Breadlines, victory gardens, or human rights?: Examining food insecurity discourses in Canada." Canadian Food Studies / La Revue canadienne des études sur l'alimentation 9, no. 2 (July 15, 2022): 249–75. http://dx.doi.org/10.15353/cfs-rcea.v9i2.530.
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Long before the exacerbating effects of COVID-19, household food insecurity (HFI) has been a persistent yet hidden problem in wealthy nations such as Canada, where it has been perpetuated in part through dominant discourses and practices. In this critique of HFI-related frameworks, we suggest that discourses organized around the production and (re)distribution of food, rather than income inequality, have misdirected household food insecurity reduction activities away from the central issue of poverty, even inadvertently enabling the ongoing neoliberal “rollback” of safety net functions. Unlike most scholarship that focuses on the politics of food systems, or health research that insufficiently politicizes poverty, this analysis emphasizes the role of politics in income discourses. In spite of their contradictions, food-provisioning- and income-based discourses are potentially complementary in their shared recognition of the right to food. Operating from the perspective of political economic theory, we conceive of the right to food as a claim not only to a resource but also to membership within political communities that envision alternatives to neoliberalism as manifested in our labour, welfare, and food systems. In this sense, the right to food offers a unifying framework that links civil society with senior governments, collective action with legal instruments, and food and income concerns. HFI reduction activities organized around the right to food may thus aim to rectify cross-cutting imbalances in political and economic power.
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Moscati, Laura. "Origins, Evolution and Comparison of Moral Rights between Civil and Common Law Systems." European Business Law Review 32, Issue 1 (February 1, 2021): 25–52. http://dx.doi.org/10.54648/eulr2021002.
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The protection of moral rights embraces the now widespread personal sphere of copyright and originated much later than the economic exploitation of the work itself. Some of its components can be found in the English and German thought between the 17th and 18th centuries and, starting from the early 19th century, would have a substantial development through the contribution of both the French legal scholarship and case law. The legal foundations, in any case, date back to some codifications of the German area and to the earliest international treaties, making it a discipline that did not take into consideration the extent of the national territory. The purpose of this study is to evaluate the relevance of the European models and their influence in Italy after the national Unification, in particular in the first decades of the 1900s. In fact, the international protection of moral rights takes root in Italy during the 1928 Rome Conference for the revision of the 1886 Berne Convention. The United States joined it only later, in 1989, with the Berne Convention Implementation Act (BCIA). Thirty years later, the Copyright Office published in April 2019 an extensive study about the American protection of moral rights. The document is studied in this paper in comparison with the European Directives and with the Copyright Directive definitively approved a few days before the Copyright Office document. While in the USA the interest in moral rights up to now rather limited seems to be increasing, in Europe the protection of moral rights risks being waned as it is handed down to individual countries with the explicit declaration that it is not the subject matter of the Directives. Moral rights, origins, codification, Europe, Italy, Berne Convention, international treaties, USA, EU Directives, Canada
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Toulouse, Mark G. "Two Nations under God: Religion and Public in Canada and the United States." International Journal of Public Theology 8, no. 3 (August 26, 2014): 267–91. http://dx.doi.org/10.1163/15697320-12341351.
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This article explores relationships between religion and public life in Canada and the United States. Attention is given to historical and contemporary situations in Canada, especially regarding cultural and political developments leading to the growing privatization of religion in the nation. Through an examination of the vestiges of church establishment in Upper Canada, the varieties of federal and provincial funding of religious activities, the history of the social gospel, the Quiet Revolution in Quebec, the Canadian Charter of Rights and Freedoms and Quebec’s recently proposed Charter of Values, the article analyses the complicated nature represented by the mixing of religion and public life in Canada. The Canadian developments are compared, where appropriate, to the public expressions of religion found in North American civil religion. The article concludes with reflections about whether Canada’s commitment to multiculturalism is inconsistent with the privatization of religion and should lead to a cultural shift towards the deprivatization of religion.
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Al-Salem, Rouba Essam. "A New Link in the Chain? Arabic-Language Citizenship Education Courses and the Integration of Resettled Syrian Refugees in Canada." Refuge: Canada's Journal on Refugees 36, no. 1 (April 25, 2020): 14–29. http://dx.doi.org/10.25071/1920-7336.40535.
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In 2015, following Canada’s resettlement of large numbers of Syrian refugees, it was praised as a role model that should be implemented elsewhere. Or should it? With the resettlement of Syrian adult refugees as a case study, this article argues that Canada’s federal and provincial efforts to promote the integration of these refugees have overlooked the contribution that citizenship and civic education activities, administered in the refugees’ native language, can make towards their integration, as a way of empowering them to become active citizens in the political and civil life of the receiving country. In particular, the article critically evaluates current government-led efforts to rely on language courses as a medium for transmitting Canadian civic concepts. It also discusses why they are falling short of ensuring that these resettled refugees are saddled with the skills and know-how to navigate their rights and responsibilities as future Canadian citizens and to contribute effectively to the political and civil life of their communities. Finally, the article suggests that the provision of a civic education course in Arabic could constitute the missing link in any chain of government-led efforts to tackle the disparity between the federal government’s declared commitment to multiculturalism, inclusiveness, and the welcoming of immigrants/refugees and the policies and realities of social exclusion. In addition, such a course could provide an avenue to encourage resettled refugees, as Canadian “citizens in waiting,” to develop meaningful connections to and contributions in their new home country.
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Demers, Robert. "Les droits du mineur en vertu de la Partie VI de la Loi régissant les sociétés commerciales canadiennes." Les Cahiers de droit 21, no. 2 (April 12, 2005): 399–425. http://dx.doi.org/10.7202/042390ar.
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Transfers of shares in the private law of the Province of Quebec raise numerous questions. The rights of the bona fide transferee for value are not clearly settled by the Civil Code and the provincial Companies Act is silent on the issue. In the first part of this article, the author deals with the state of the civil law on the question, illustrating the discussion with a study of the rights of a minor to proceed against bona fide transferees generally and more specifically, under articles 297 and 1487 C.C. In the second part of the article, the question is viewed from the point of view of the federal legislation. Part VI of the Canada Business Corporations Act is studied in detail in so far as the rights of the minor are modified by the statute. This useful exercise indicates clearly the preference given by the federal Act to bona fide purchasers of securities and the rather precarious position of the true owner in questions of conflicting claims. Viewed from a larger perspective, this study reveals an important trend in recent legislative enactments : where traditional rules tend to protect property rights (nemo dat...), contemporary legislations seem to favour unduly the security of commercial transactions.
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Shariff, Shaheen. "Impacts to address sexual violence in Canada and internationally." Open Access Government 41, no. 1 (January 19, 2024): 202–3. http://dx.doi.org/10.56367/oag-041-11263.
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Impacts to address sexual violence in Canada and internationally Shaheen Shariff, Ph.D. is James McGill Professor and Project Director of iMPACTS, which focuses on addressing sexual violence in Canada and internationally. Led by Professor Shaheen Shariff, Ph.D., iMPACTS is a multi-year, multi-million dollar Partnership Grant funded by the Social Sciences and Humanities Research Council of Canada (SSHRC). The overarching goal of iMPACTS is to unearth, dismantle, and prevent sexual violence within universities and, ultimately, in society, through evidence- based research that informs sustainable curriculum and policy change. Professor Shariff is James McGill Professor in the Department of Integrated Studies in Education at the Faculty of Education at McGill University, and she is the Project Director of this SSHRC Partnership Grant. Professor Shariff grounds her work in the intersection of law and education, focusing on human rights and constitutional issues, diversity, legal pluralism, and civil society.
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Sandberg, Haya, and Haim Sandberg. "Dilemmas of Civil Tribunals in Formulating Their Positions toward Religious Tribunals." Journal of Law, Religion and State 5, no. 3 (November 22, 2017): 214–53. http://dx.doi.org/10.1163/22124810-00503003.
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The paper addresses the dilemmas of civil-secular tribunals when formulating a position toward decisions of religious tribunals with regard to the custody of children. The paper examines the approach of the Israeli Supreme Court toward rulings of Sharia and rabbinical courts, comparing them with similar tensions in the US, Canada, and the UK. Civil courts appear to be entirely committed to civil, non-religious law. Religious tribunals, however, although committed to act in accordance with the fundamental principles of state civil law, are also obligated to act in accordance with religious law. The paper argues that the extent of the above tension is much more limited than it appears at first glance. There is an attempt to reconcile the need to protect women and children on one hand with freedom of religion, multiculturalism, and the rights of ethnic minorities and immigrants, on the other.
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NWAPI, CHILENYE. "Accountability of Canadian Mining Corporations for Their Overseas Conduct: Can Extraterritorial Corporate Criminal Prosecution Come to the Rescue?" Canadian Yearbook of international Law/Annuaire canadien de droit international 54 (August 7, 2017): 227–75. http://dx.doi.org/10.1017/cyl.2017.9.
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AbstractThis article is set against the backdrop of the inability of Canadian courts to hear civil cases brought by victims of the operations of Canadian mining corporations in developing countries where accountability mechanisms are weak. The article examines the legal framework for extraterritorial criminal prosecution in Canada with a view to seeing how corporate criminal prosecution could fill the accountability gap and contribute to the promotion of the accountability of Canadian mining corporations involved in human and environmental rights abuses in developing countries. The article argues that extraterritorial criminal prosecution holds prospects for success in Canada, if only the Canadian government is willing to utilize it. The real and substantial link test, the Crimes against Humanity and War Crimes Act, and several sections of the Criminal Code provide sufficient jurisdictional bases for such prosecution. The amendments to the doctrine of corporate criminal liability that were made in Canada in 2003 bolster the criminal jurisdictional strength of Canadian courts. Lastly, there are no compelling international comity concerns to discourage the Canadian government from utilizing the criminal justice process to contribute to the global fight against corporate impunity in human and environmental rights abuses. This article seeks to contribute to the knowledge of the powers at the disposal of the Canadian government to do so.
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Ben-David, Anat. "The Palestinian diaspora on the Web: Between de-territorialization and re-territorialization." Social Science Information 51, no. 4 (November 20, 2012): 459–74. http://dx.doi.org/10.1177/0539018412456769.
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This article analyzes Web-based networks of Palestinian communities in Germany, France, Italy, Austria, Australia, the United States, Canada, Spain, Argentina, Chile and Uruguay. The findings show a thematic and demographic shift from organizations of Palestinian communities abroad to a transnational solidarity network focused on Palestinian rights and the Boycott movement. Although the Palestinian Territories function as the network’s strong center of gravity, analysis of the references reveals that diaspora and non-diaspora actors operate as two distinct but intertwined networks: while diaspora actors are unique in putting emphasis on community as activity type and on diaspora and the right of return as primary cause, non-diaspora actors are mainly dedicated to solidarity as activity and Palestinian rights and the Boycott movement as primary cause. Despite this, ties between diaspora and non-diaspora actors are stronger than among diaspora actors, which indicates that part of the dynamics of Palestinian communities is manifest not just between diaspora communities, but mostly between diaspora communities and civil society organizations in their host societies.
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Goh, Joshua Matthew. "The Development of Singapore’s Military Justice System." Journal of International Peacekeeping 20, no. 3-4 (August 17, 2016): 186–218. http://dx.doi.org/10.1163/18754112-02003004.
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The global trend towards civilianization of military justice systems has had its own unique impact on Singapore’s brand of military justice, in particular its mode of trial by General Court-Martial. This paper explores the development of Singapore’s military justice system since Singapore’s independence, comparing it to developments in the United Kingdom and Canada, two countries that have also civilianized their military justice systems with input from their civil courts, and in the case of the uk, the European Court of Human Rights. These jurisdictions provide a useful comparison on the progress of Singapore’s civilianization reform given both their shared origin of military justice in the English court-martial system and the focus of all three jurisdictions on better protecting the rights of accused servicemen.
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Debruche, Anne-Françoise, Gustavo Tepedino, and Pablo Renteria. "Protecting Possession, a Question of Values? A Comparative Inquiry into the Moralization of Possession in Brazil and Canada." Revue générale de droit 44, no. 2 (January 21, 2015): 391–443. http://dx.doi.org/10.7202/1028140ar.
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This paper focuses on possessory protection of immovables (or real property) in Brazilian civil law and Canadian common law. In both jurisdictions, possession enjoys a specific protection or status, which in turn relates to the rest of property law, particularly the law of acquisitive prescription, in a specific way. But in and by itself, despite these conceptual differences, possessory protection in Canada or Brazil works in an objective fashion: it is not denied to possessors in bad faith as a principle. Nonetheless, in both systems, the institutions designed to protect possession have been “moralized” by judges to echo concerns similar to those voiced in relation to acquisitive prescription, but also to emphasize human rights, constitutional values and good faith. In Brazil, this moralization process is the consequence of the emergence of a constitutionalized civil law and of the social function of the right of ownership. In several cases, it has allowed illicit buildings to remain where they are despite the owner’s claim, for instance when a favela has appeared on a land neglected by its owner for years. In England, the possessor’s good faith has been scrutinized through his intent to possess, and under the lenses of the future enjoyment criteria, later rejected by the Court of Appeal. In Canada, the test of the inconsistent use of the land has played the same moralizing role and continues to do so, to deny the benefit of adverse possession to squatters and to prevent them from enjoying possessory protection.
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Касаткина, Наталья, and Natalya Kasatkina. "IMPROVING THE EFFICIENCY OF CANADA’S PUBLIC SERVICE." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 67–73. http://dx.doi.org/10.12737/article_598063fc07df68.36599927.
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Improving the efficiency of public service is an important area for overcoming the crisis in relations between the state, society and a citizen.
Modernization of civil service of Canada is carried out in a number of ways. Changes were made in a recruitment order for civil service by means of expansion of the powers of persons competent to solve these issues in ministries and government departments. One of the directions for improving the quality of the civil service was an increase in the level of training of public servants. Coordination of the educational process in various government departments is carried out by the Canadian School of Public Service.
The system of human resources planning has been introduced. The quality of public services provided is improved with help of timely providing them in compliance with all requirements of a particular government department, and taking into account the rights of citizens by achieving a balance between the services provided and the money spent for this purpose and regular monitoring and evaluation of the dynamics of the providing process of services.
One of the areas of modernization of the public service is the introduction of strict control over of public servants’ ethical standards. Actions that lead to a conflict of interest are legislatively prohibited. Strict bans in Canada are implied regarding the employment of persons who replace public office after the end of their career.
As a result of the measures taken to fight corruption, including a sphere that is largely susceptible to corruption risks, Canada is among top ten countries with the least corruption.
Achievement of positive results in the activities of civil servants became possible due to the state’s special attention to the issues of its modernization.
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McKercher, Asa. "Too Close for Comfort: Canada, the U.S. Civil Rights Movement, and the North American Colo(u)r Line." Journal of American History 106, no. 1 (June 1, 2019): 72–96. http://dx.doi.org/10.1093/jahist/jaz168.
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Radin, Margaret Jane. "ACCESS TO JUSTICE AND ABUSES OF CONTRACT." Windsor Yearbook of Access to Justice 33, no. 2 (March 6, 2017): 177. http://dx.doi.org/10.22329/wyaj.v33i2.4847.
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Mass-market standardized fine print (boilerplate) altering the rights of consumers is greatly expanding in today’s digital environment Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, which is the basis of justifiable contractual enforcement, and leads to democratic degradation because it undermines the basis of civil society and the rule of law. A brief comparison of US and Canadian common law suggests that Canada’s legal system is less willing to allow these inroads into access to justice. Dans le monde numérique d’aujourd’hui, l’insertion dans les conventions, ententes et contrats les plus communs de clauses standardisées en petits caractères, qui dénaturent les droits des consommateurs, est de plus en plus fréquente. Ces clauses passe-partout ont des répercussions sur l’accès à la justice lorsqu’elles suppriment le droit à la réparation d’un préjudice. Une telle suppression de droits mène à la dégradation normative parce qu’elle mine le consentement, qui est la base de l’exécution justifiable d’une obligation contractuelle, et à la dégradation de la démocratie parce qu’elle gruge la base de la société civile et la primauté du droit. Une brève comparaison de la common law des États-Unis et de celle du Canada laisse voir que le système juridique canadien est moins porté à permettre de tels empiètements sur l’accès à la justice.
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Milward, David. "Restless Spirits in the Land: Finding a Place in Canadian Law for Aboriginal Civil Disobedience." International Journal on Minority and Group Rights 16, no. 1 (2009): 1–29. http://dx.doi.org/10.1163/157181109x394353.
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AbstractThis article will argue that Aboriginal use of civil disobedience should be legalised within limited circumstances. Aboriginal peoples have constitutional rights under s. 35(1) of the Constitution Act, 1982. The Supreme Court of Canada decided in Haida that if a Canadian government possesses knowledge, real or constructive, that its actions may affect Aboriginal interests that are potentially protected under s. 35(1), that government then has duties towards the Aboriginal peoples concerned. These duties can include giving prior notice of the proposed action, or even interim accommodation of the Aboriginal interests pending final resolution. If the Canadian state undertakes an action that 1) threatens harm to or interference with an Aboriginal interest and 2) in a manner that reflects a failure to uphold its obligations under Haida and 3) the action is commenced before the interim hearing contemplated by Haida can be initiated, Aboriginal peoples should be allowed to have recourse to civil disobedience to block that action. The idea is that the action reflects a failure by the state to uphold the rule of law with respect to Aboriginal rights and therefore should disentitle the state from enforcing such action through criminal prosecution.
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Bachmann, Sascha-Dominik, and Matthew Burt. "Control Orders Post 9-11 and Human Rights in the United Kingdom, Australia and Canada: A Kafkaesque Dilemma?" Deakin Law Review 15, no. 2 (December 1, 2010): 131. http://dx.doi.org/10.21153/dlr2010vol15no2art122.
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This article aims to assess the impact that the European Convention of Human Rights, incorporated into British law through the Human Rights Act 1998, has had on the control order regime in the United Kingdom. It will discuss recent British jurisprudence on the topical question of whether there can be a true balance between the civil liberties of an individual and the need to protect state and society from a continuing terrorist threat. The article compares the UK’s present control order system of summer 2010 with similar legislation, which the Commonwealth jurisdictions of Australia and Canada have enacted to protect their nations from the threat of terrorism. It will conclude with a discussion of possible reforms as well as other security measures which have been identified as alternatives to control orders and which form the basis of present UK governmental initiatives to limit the scope and impact of anti terrorism legislation.
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Laryea Adjetey, Wendell Nii. "In Search of Ethiopia: Messianic Pan-Africanism and the Problem of the Promised Land, 1919–1931." Canadian Historical Review 102, no. 1 (March 2021): 53–78. http://dx.doi.org/10.3138/chr-2019-0048.
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Whether native-born or immigrants from the United States, Caribbean Basin, or Africa, Black people have made Canada an integral – although still largely overlooked – site in the Black Atlantic and African Diaspora. This article examines interwar Pan-Africanism, a movement that enjoyed a popular following in Canada. Pan-Africanists considered knowledge of history and love of self as foundational to resisting anti-blackness and inspiring Black liberation. In North America, they fortified themselves with the memory of their ancestors and awareness of an ancient African past as requisites for racial redemption and community building. African-American and Caribbean immigrants embraced Ethiopianism – a messianic Pan-Africanism of sorts – which they mythologized on Canadian soil. Not only was this Black racial renaissance new in Canadian society, but also its quasi spiritualism and revanchism reveals the zeal and militance of interwar Black agency. Pan-Africanists in North America sowed the seeds of twentieth-century Black liberation in the interwar period, which helped germinate postwar Caribbean and African decolonization, and civil and human rights struggles in the United States and Canada.
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Goreham, Richard A. "Le droit à la vie privée des personnes homosexuelles." Homosexualité et droit 25, no. 4 (April 12, 2005): 843–72. http://dx.doi.org/10.7202/042629ar.
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This paper examines the idea of personal privacy and how the law has responded to expectations that it be adequately protected. The legal protection of personal privacy is evaluated in light of the concerns of homosexual persons that information about their sexual orientation remain confidential. Although individual privacy is a notion that can be used to argue for a sphere of individual freedom, in the sense that adult individuals should be free of government restriction on how they express themselves sexually in private, this paper focuses on privacy insofar as it relates to the undesired disclosure of information about a person's private life. This is privacy as secrecy, a concept which is concerned with the degree to which we are prepared to allow people to live their lives free from the intrusive prying of others. Whether the idea of breach of privacy as giving rise to civil responsibility has evolved under tort law is reviewed in the common law of both Canada and the United States. The inadequacy of the common law in protecting a general right to privacy has led to the adoption of a number of provincial statutes which create an invasion of privacy tort, and the importance of these in potentially protecting the privacy of homosexual persons is examined. The recognition of a general right to privacy under the Quebec Civil Code and its reinforcement by provisions in the Quebec Charter of Rights and Freedoms completes the analysis of civil remedies for breach of privacy in Canada. For comparative purposes, the development of the « private facts tort » in the American legal system is explored and commented. Informational privacy as it relates to the collection, storage and use of personal information by governments constitutes the focus of part 3 of this paper. It assesses the dangers inherent in the use and storage of personal information by governments in both Canada and the U.S.A. The recognition of the potential for abuse has resulted in the adoption of Privacy Acts in both countries at the federal level and, with respect to Canada, in the province of Quebec. Such legislation seeks to answer the twin preoccupations of when government institutions are justified in collecting and using personal information and when they are justified in disclosing it. These questions are of considerable importance to homosexual persons and this is emphasized in the analysis. Views on the relationship between privacy and social tolerance are offered in the conclusion to the paper.