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This short paper looks at the Greenhouse Gas Pollution Pricing Act decision through a wider and more critical jurisprudential lens. In so doing, I demonstrate that the courts are no less political ... , one of the most pressing concerns on the contemporary political agenda is how to deal with the many challenges and serious ramifications of climate change. A major part of that is about what to do about
This paper explains how the Supreme Court of Canada’s decision in R. v. Chouhan concerning jury impartiality is an illustrative example of “baselines”, or how implicit political positions held by ... expectations are reasonable?5 In my view, shifting those baselines froimmplicit to explicit enables a much better appreciation for the unavoidably political character of legal interpretation that can be obscured
the POGG’s National Concern Test” (2021) 55:1 Revue Juridique Thémis 103-135. 43 Peter Rinderle, “The Political Philosophy of European Subsidiarity” in Günter Walzenbach & Ralf Alleweld, edsV.,arieties ... national concern for fear of morphing vast social, political and economic questions into new permanent and exclusive heads of federal jurisdiction. In R. v. Crown Zellerbach, Le Dain J. had also concluded
The Supreme Court of Canada’s political process cases cover a wide array of issues, including the right to vote, electoral redistricting, campaign finance and the regulation of political parties ... /iss1/5 Yasmin Dawood* * Canada Research Chair in Democracy, Constitutionalism, and Electoral Law, and Associate Professor, Faculty of Law and the Department of Political Science, University of Toronto
whether a welfare-oriented philosophy should be the exclusive guiding principle in society’s response to juvenile offending. In true Canadian political fashion, then Minister of Justice Lucien Cardin struck ... and political considerations specific to section 15, particularly in the context of young people, inevitably formed part of the backgroun11d.Slippery slope concerns about constitutionalizing appellate
Philosophy, Politics, Policy and Law(Vancouver: University of British Columbia Press, 2006), a seminal Canadian treatise on critical disability theory in law. equality rights doctrine and discuss the ... , but rather is the byproduct of a collection of disadvantages manufactured by social norms and regulations, policies and practices and economic and political ac9toErss.ential to the social model is the
distinction, exclusion or preference based on race, colour, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age except as provided by law, religion, political convictions ... ,isability Rights and Wrongs Revisited, 2d ed. (Abingdon-on-Thames, Oxon: Routledge, 2013), especially at 12-21; D. Pothier, D. Devlin & R. Devlin, Critical Disability Theory: Essays in Philosophy, Politics
Canada Human Rights Trust, the British Columbia Humanist Association, the Association for Reformed Political Action (“ARPA”) Canada, the Canadian Center for Christian Charities, the Evangelical Fellowship ... A group of interveners, namely the Association for Reformed Political Action Canada (“ARPA”), Canadian Center for Christian Charities, the Evangelical Fellowship of Canada and the Catholic Civil
inequality, specifically as relates to the following dimensions: economic (maldistribution of resources); cultural (misrecognition of culture and identities); and political (misrepresentation or exclusion of ... political (misrepresentation or exclusion of voice). This enables the authors to critically analyse the UCT context and the extent to which open textbook production as well as open education practices within
is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works Citation Information http://digitalcommons.osgoode.yorku.ca/sclr/vol34/iss1/3 - Conference Article 3 Political
The laws regulating political participation by third parties have long been constitutionally controversial in Canada. Third parties are generally understood to include all individuals, groups and
only deepens one’s admiration for her many important contributions to Canadian law. In that spirit, these notes provide a few comments on Chief Justice McLachlin’s judicial philosophy and her ... federalism jurisprudence fairly reflects her self-described judicial philosophy as being scrupulously non-partisan and impartial. I will further suggest that her contributions to the doctrines of legal
“reluctantly concluded that the plaintiffs’ case must be made to the political branches or to the electorate at large”. ... made to the political branches or to the electorate at la6rge”. The majority decision was rife with ironies and pyrrhic victories. The panel agreed that the federal government had increased carbon
(Princeton, NJ: Princeton University Press, 2009); Arthur Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy (Cambridge, MA: Harvard University Press, 2009). necessary to secure the autonomy ... claims of practical necessity of entering a state for the purposes of coordination proposed by Locke and Hobbes); Arthur Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy (Cambridge, MA
geographic issue of territorial sovereignty. We argue that both political and legal discussions fail to recognize fully how the honour of the Crown, fiduciary duty, and the duty to consult arise from this ... (Governor in Council), [2018] S.C.J. No. 40, 2018 SCC 40 (S.C.C.) [hereinafter “Mikisew Cree (2018)”]. assertion was, and continues to be, challenged by pre-existing Aboriginal political geographies. Even in
Mongolian. Historically it marked one of the last political strategies of two divisions of the Mongol Empire, established by Chinggis Khaan in 1206, to remain free of external political authority. The ... his dismissal of the Great Code as important in any meaningful way. One year later, in 2006, a group of papers in Imperial Statecraft explored political forms and governance techniques in Inner Asia
Mongolian. Historically it marked one of the last political strategies of two divisions of the Mongol Empire, established by Chinggis Khaan in 1206, to remain free of external political authority. The ... his dismissal of the Great Code as important in any meaningful way. One year later, in 2006, a group of papers in Imperial Statecraft explored political forms and governance techniques in Inner Asia
sophisticated system of cross-references wisely intertwined with a bulk of original elucidations. This combination illustrates some prominent aspects of Pali Buddhist philosophy and provides a precious series of
sophisticated system of cross-references wisely intertwined with a bulk of original elucidations. This combination illustrates some prominent aspects of Pali Buddhist philosophy and provides a precious series of
sophisticated system of cross-references wisely intertwined with a bulk of original elucidations. This combination illustrates some prominent aspects of Pali Buddhist philosophy and provides a precious series of
