Constitutional Forum (Journal)
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Guiding the Governor General’s Prerogatives: Constitutional Convention Versus an Apolitical Decision Rule
No full textGuiding the Governor General’s Prerogatives: Constitutional Convention Versus an Apolitical Decision Rul
Semi- Presidentialism à la française: the Recent Constitutional Evolution of the “Two-Headed” Executive
No full textSemi-Presidentialism à la française: the Recent Constitutional Evolution of the “Two-Headed” Executiv
Canada, the United Nations Human Rights Council, and Universal Periodic Review
No full textCanada, the United Nations Human Rights Council, and Universal Periodic Revie
THE MEECH LAKE ACCORD: THE END OF THE BEGINNING--OR THE BEGINNING OF THE END?
No full textTHE MEECH LAKE ACCORD: THE END OF THE BEGINNING--OR THE BEGINNING OF THE END
The Role of the Federal Court in National Security Issues: Balancing the Charter Against Anti-terrorism Measures
No full textI am very pleased to have been invited to the University of Alberta to participate in a collec- tive reflection and debate on “National Security, the Law, and the Federal Courts.” As you are all aware, issues of national security have taken on new life since the inception of the war on terror, but what you may not be aware of is the com- plexities inherent in adjudicating these issues within the context of a democratic and rights- oriented society. I will do my best to give you a sense of the kinds of issues that come before the Federal Court in this regard, and how national security considerations raised therein must be balanced against the rights of citizens
An Opportune Moment: The Judicial Appointment Reforms and the Judicial Credentials Demanded by the Charter
No full textIn 2005, Minister of Justice Irwin Cotler proposed and tabled in Parliament a number of reforms to the federal judicial appointment process. These reforms were designed to increase the transparency and enhance the accountability of the procedures by which judges are appointed to federally operated Canadian courts, including the Supreme Court of Canada. Included in the reform package was a Code of Ethics for members of the judicial appointment committees, as well as a directive to publish on an annual basis the identity of the members of the judicial appointment committees, the number of total applications for judicial office, and the number of that total that have been recommended or highly recommended by the committee. Crucially, a set of guidelines for the operation of the judicial appointment committees was provided, which outlined the overriding principles that committee members were to consider during the appointment advisory process
INVERTING IMAGE AND REALITY: R. V. SHARPE AND THE MORAL PANIC AROUND CHILD PORNOGRAPHY
No full textIn the atmosphere of high anxiety surrounding the Supreme Court’s decision in R. v. Sharpe, abnormal and normal collide and fantasy and representation become equated with reality. It is my intent in this short article to explore the complex cultural and political conditions that give meaning to the Supreme Court’s unanimous endorsement of stiff criminal penalties for possessing sexual representations of adolescents and children. In the Criminal Code provisions on child pornography and in the discursive web woven by both the majority and minority opinions in Sharpe, anxieties about the well-being of children are being projected onto the highly symbolic target of child pornography. Any dissent is pathologized and cast into what has become an elastic category — “the pedophile.” As Weeks writes, “[m]oral panic occurs in complex societies when deep rooted and difficult to resolve social anxieties become focussed on symbolic agents that can be easily targeted.”2 There is strong evidence that we are in the midst of a moral panic around child pornography, the contours of which require careful analysis
FREEDOM OF ASSOCIATION - LABOUR STRIKES OUT AGAIN
No full textFREEDOM OF ASSOCIATION - LABOUR STRIKES OUT AGAI
CONSTITUTIONALIZING THE PATRIARCHY: ABORIGINAL WOMEN AND ABORIGINAL GOVERNMENT
No full textCONSTITUTIONALIZING THE PATRIARCHY: ABORIGINAL WOMEN AND ABORIGINAL GOVERNMEN
