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Freedom of expression and freedom of association are guaranteed by section 2 of the Charter of Rights and Freedoms. These freedoms are closely related, conceptually and philosophically, but evolved in different directions under the Charter. Whereas section 2(b)’s guarantee of expressive freedom generated a rich jurisprudence across diverse issues, section 2(d)’s attention focused on associational freedom in the context of labour union activities. The authors draw on a pocket of section 2(b) case law on picketing and other labour-related expressive activities to bring these guarantees into comparison. In doing so, they comment on the Supreme Court of Canada’s interpretation of each guarantee, including the constitutionalization of key aspects of labour relations under section 2(d). In addition, the authors critique the Court’s jurisprudence, emphasizing the central importance of protecting protest and dissent activities under both guarantees.
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Volume 49, Nº 1 | Volume 49, Issue 1
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This chapter reviews the history of treaty-making with the Indigenous peoples of Canada. After an initial period of roughly equal relationships, colonial authorities increasingly used treaties as a domestic law concept aimed at securing control over Indigenous land. The practice was continued after Confederation, but there appears to be a major misunderstanding as to the terms of those treaties, in particular as to the purported extinguishment of Aboriginal title. After a 50-year hiatus, treaty-making resumed in 1975 with the signing of ‘land claims agreements’ in most of the Canadian north. These agreements not only provide for the sharing of land, they also contain detailed provisions with respect to co-management of natural resources and, in some cases, self-government. Canadian law now affords statutory and constitutional protection to treaty rights, and courts are prepared to take into account extrinsic and oral evidence in interpreting treaties.
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"In 2012, a report was prepared for the Uniform Law Conference of Canada Working Group studying the question on Exemptions from Mandatory Minimum Penalties (Dandurand, 2012). The report examined the application of mandatory minimum penalties and reviewed the experience of several jurisdictions where exceptions to, or other forms of relief from, the application of such mandatory minimum penalties had been provided by law. Most specifically, the report presented a brief comparative analysis of legal provisions permitting a court in appropriate circumstances to provide relief from the imposition of certain mandatory minimum penalties where the imposition of such custodial sentences would result in an unjust sentence. The following year, the Uniform Law Conference of Canada (Criminal Section) published its own report on the issue (Uniform Law Conference of Canada, 2013). The present report updates the 2012 study, highlights the application of mandatory minimum penalties and reviews the experience of selected juri
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Legislative Background: reforms to the Transportation Provisions of the Criminal Code (Bill C-46)
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"In 1922, the first edition of Bankruptcy Law in Canada found pride of place on the shelves of Canadian insolvency practitioners. Now nearly a century later, the new Fifth Edition of Honsberger?s Bankruptcy in Canada is destined to become an invaluable resource for the insolvency community ? a trusted authority for those who deal with bankruptcy problems on a daily basis and those who need occasional guidance. Honsberger?s Bankruptcy in Canada, Fifth Edition is thorough and comprehensive, but also understandable and eminently readable. In clearly written prose, the authors articulate not just the principles, but the history and adaptations underlying the principles, along with practical insight and guidance. Rather than follow the Act section by section, the authors have gathered relevant elements by concept and theme. Practitioners and jurists, with their heavily underlined copies of the previous edition, will welcome both the logical new organization and the updated examination." --publisher's description.
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"The second edition of The Law of the Canadian Constitution is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This comprehensive text, written for practitioners and adapted for students provides fresh and current insights, up to date case law, and expert commentary and analysis of current and emerging issues in Constitutional Law." --publisher's description.
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