1,720,980 research outputs found
From commission to conception: commercial surrogacy and morality policy in Canada
No full textBibliography: p. 98-10
Shifting the status quo of freedom: civil libertarians and the Supreme Court of Canada
No full textBibliography: p. 108-115This study examines the extent to which two civil libertarian interveners, the Canadian Civil Liberties Association (CCLA) and the British Columbia Civil Liberties Association (BCCLA), have been successful at achieving favourable policy outcomes through Supreme Court of Canada decisions. Cases directly and indirectly implicating fundamental freedoms under section 2 of the Charter of Rights were the focal point. The selected timeframe for this study was 1999-2009 and a total of thirteen cases in which the CCLA and/or the BCCLA intervened constitute the data set. Four of the cases invoke Charter section 2(a) ("freedom of religion") and nine invoke Charter section 2(b) ("freedom of expression)." Methodologies highlighting the legal issues at trial and those that considered how the litigation will influence a policy status quo were synthesized to accomplish this goal. Analysis of these cases reveals that civil libertarians were more likely to emerge victorious in common law as opposed to constitutional cases. Constraints imposed by "reasonable limits" under section l of the Charter and the presence of governments as direct parties proved to be a barrier to the success of civil libertarians in court. This explanation offered complements a finding in the literature that governments are the most successful "Repeat Player" in court
Constitutionally Challenging Prostitution Policy and Laws in Canada: Option and Considerations for Adopting a New Policy and Legal Framework
No full textIn October 2012, the Supreme Court of Canada announced it will hear the case, Bedford
v. Canada, challenging the constitutionality of the country’s main laws controlling prostitution.
It remains to be seen whether the courts will uphold Canada’s prostitution provisions under the
Criminal Code or deem them unconstitutional due to violations of Charter rights. If the Supreme
Court strikes down the provisions, both Canada's policy and legal approach towards the
controversial sex industry will be invalidated, leaving a legislative gap regarding prostitution. In
response, lawmakers must resolve this policy and legal vacuum by adopting a new framework to
address sex work.
This report addresses the potential policy and legal gap regarding prostitution that may
develop, presenting and evaluating alternative options available for implementation, and
discussing potential issues associated with the implementation of each approach in the Canadian
context. The design of the report is aimed at offering a comprehensive and comparable overview
of a number of policy and legal models on prostitution enacted in other jurisdictions and to help
Canadian legislatures consider options for prostitution policy and law based both on the
successes and failures of each approach in other jurisdictions, and relevant considerations
specific to the Canadian context, such as issues of jurisdiction and constitutionality.
It is concluded that there is no perfect policy and legal model for adoption in Canada,
with each approach suffering from setbacks when implemented in other jurisdictions and
requiring a number of considerations for implementation in Canadian jurisdictions. Given the
inconclusiveness of what alternate policy and legal model is ideal for Canada, a number of "nextstep"
recommendations are made to guide and structure the debate over and process for selecting
a model to meet Canada's need to address the potential policy and legal gap on prostitution.Ye
No Confidence in Non-Confidence Votes: Would the New Zealand Confidence Protocol or Constructive Non-Confidence Restore the Canadian Confidence Convention?
No full textCanada’s minority governments from 2004-2011 were characterized by hyper-partisanship, constant brinkmanship, and a number of constitutional controversies that raised questions about the state of Canadian constitutional conventions. This led a number of academics to call for constitutional reform, particularly to the confidence convention. Those advocating reform sought an alternative to the Canadian negative non-confidence vote, which typically triggers new elections, and embraced more “constructive” non-confidence votes, which limit the possibility of early elections and promote mid-term transitions. The reformers drew on ideas from New Zealand, whose confidence convention encourages constructive non-confidence votes, and from European countries that require all non-confidence votes to simultaneously select an alternative government. This thesis assesses the merits and difficulties of importing such models into Canada and concludes that New Zealand’s confidence protocol is the preferred choice for Canada
Supreme disabeyance: law, politics and the "secession reference"
No full textBibliography: p. 119-13
The effectiveness of interest group litagation: an assessment of LEAF's participation in Supreme Court cases
No full textBibliography: p. 116-121.Beginning with quantitative studies of bottom-line win-loss rates, the literature on interest group litigation success has progressed to the more qualitative comparison of judicial reasoning with the arguments submitted by a particular interest group. The next logical step is to compare judicial reasoning with all of the submissions placed before the court, not just those of the interest group in question. Such painstaking comparison is time consuming and the results are likely to be open to interpretive dispute; nevertheless, it is in principle the best way to assess the effectiveness of an interest group's litigation strategies. This thesis undertakes such a study of the effectiveness of the Women's Legal Education and Action Fund (LEAF) in 14 Supreme Court cases
The Designated Country of Origin Policy: Help or Hindrance to Canada's Refugee System?
No full textThe Canadian government recently amended the “Immigration and Refugee
Protection Ac” in an attempt to address the long processing times facing refugee
claimants and the high cost of the system. Bill C 31, enacted in 2012, was designed
to reduce the number of false refugee claimants and, thereby, reduce the backlog of
claims and associated costs. A particularly controversial component of the 2012
reform was the Designated Country of Origin (DCO) Policy, which establishes a list
of “safe” countries for whose residents it will be much more difficult to claim asylum
in Canada. This study reviews the DCO policy, setting it in comparative context, and
providing a preliminary assessment of its effectiveness. The study also reviews the
significant controversy that the DCO policy has attracted. Although the policy is
unlikely to be dismantled, as many critics suggest, one can glean from both the
criticisms and the international comparisons, that some areas have room for
improvement. The study thus concludes with several recommendations for fine-
tuning the DCO policy.Ye
Legislative vs. judicial checks and balances: rights policy in Canada and Australia
No full textBibliography: p. 257-27
Real Talk: The Search for Clarity and Certainty in Aboriginal Consultation
No full textWith project applications in Canada's extractive industries on the rise, the assertion of Aboriginal rights has brought the duty to consult to the forefront of public consciousness. The Crown is obligated by case law and the Constitution to consult with Aboriginal communities on any action that may affect their rights, treaty rights and title. While some steps have been taken to clarify the process of consultation, ambiguity concerning criteria, responsibilities and expectations persists, creating a great deal of uncertainty for proponents and Aboriginal groups who may benefit from resource projects.
The revenues brought by resource developments are vital to Canadian economies, and the ability to strategically plan is central to their success. Uncertainty and inconsistent consultations serve to weaken plans and prolong poor relationships between the Crown and Aboriginal peoples. Moreover, variable consultative practices may be a source of inequality amongst different Aboriginal communities, as well as within them. The purpose of this project is to provide an analytical map of the ongoing areas of ambiguity and controversy with respect to the duty to consult. Such a consolidation of the issues and policy options does not exist, and this research aims to provide a systematic (as opposed to piecemeal) effort at clarifying this important but murky policy area. A series of general interviews were conducted with individuals involved in, or highly familiar with, Aboriginal consultation. Participants included a government official, a former council member of an Alberta First Nation, and several industry representatives. lnput was also sought from an industry association, an expert in Aboriginal Law, and an
independent consultant.
Findings from these interviews suggest there are significant problems surrounding consultation processes: the guidelines provided by provincial governments are vague, do little to elaborate on specific responsibilities of different parties, and - in their current form - may have the effect of creating a minimum standard of consultation; the Crown, while obliged to conduct consultations, delegates the procedural aspects of the process, creating misaligned expectations and inconsistent information flows; and insufficient Aboriginal capacity funding places extra demands on proponents for compensation, leading to ill-defined and problematic consultation fees.
Three policy recommendations may alleviate these issues: I) the creation of a one window or single desk approach - akin to the BC Oil and Gas Commission's - to streamline processes and handle monetary exchanges; 2) the establishment of a fee schedule of negotiable fee allotment windows based on an assessment of the
characteristics of the community and proposed project; and 3) greater Crown involvement in consultation and policy revision.Ye
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