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"In [this book the authors] examine the court-imposed territorial restrictions and other bail and sentencing conditions that are increasingly issued in the context of criminal proceedings. Drawing on extensive fieldwork with legal actors in the criminal justice system, as well as those who have been subjected to court surveillance, the authors demonstrate the devastating impact these restrictions have on the marginalized populations (the homeless, drug users, sex workers and protesters) who depend on public spaces. On a broader level, the authors show how red zones, unlike better publicized forms of spatial regulation such as legislation or policing strategies, create a form of legal territorialization that threatens to invert traditional expectations of justice and reshape our understanding of criminal law and punishment"--Publisher's website
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The third edition of Kevin McGuinness's widely cited treatise on corporate law has been fully updated to take into account the significant degree of legislative development and the enormous expansion in the volume of case law which has occurred since the previous edition was published in 2007. The first volume centres on General Principles.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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In Canada (A.G.) v. Bedford, the Supreme Court of Canada invalidated three prostitution-related provisions of the Criminal Code on grounds of overbreadth and gross disproportionality. The implications of Bedford go well beyond the particular context of sex work and even of criminal law. First, the Court held that the three constitutional norms against overbreadth, arbitrariness, and gross disproportionality are distinct from each other rather than aspects of a single norm against overbreadth. Second, the Court held that a Charter applicant could establish a violation of section 7 by showing that a law is overbroad, arbitrary, or grossly disproportionate in its impact on the life, liberty, or security of only one person and that the effectiveness of the law in achieving its policy objectives was not relevant to these norms. There are some difficulties in understanding this highly individualistic approach to section 7, and those difficulties lead to the third implication. By deferring any consideration of the effectiveness of the law to the question of whether it is a proportional limit on a section 7 right, the Court may be indicating a willingness to do something it has never done before: recognize an infringement of a section 7 right as a justified limit under section 1. The Court’s clarification of the relationship between the norms against overbreadth, arbitrariness, and gross disproportionality is welcome, but its individualistic articulation of those norms is difficult to understand and its suggestion that section 7 violations may now be easier to save under section 1 is troubling.
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The Agreement between the Government of Canada and the Government of the United States of America for cooperation in the examination of refugee status claims from nationals of third countries (Safe Third Country Agreement) has been subject to criticism since its adoption. Aimed at addressing asylum shopping, the agreement prevents asylum seekers, who have transited through one country, from applying for asylum in the other, subject to certain exceptions. The fact that the agreement applies only to land border ports of entry has led to an increase in irregular entries into Canada, particularly since 2017. The agreement has been the subject of numerous legal challenges. Against this backdrop, the authors analyze the implementation of the agreement in Canadian law and the issues it raises. They argue that the agreement is counterproductive, as if fails to effectively promote the orderly processing of refugee claims from the United States. They also examine the historical background of the numerous legal challenges to the agreement, including the latest Federal Court decision of 2020 which found that the agreement violates section 7 of the Canadian Charter of Rights and Freedoms.
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Section 7 of the Canadian Charter of Rights and Freedoms provides that "[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." This book analyzes all aspects of section 7. It outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1. The second edition has been extensively revised to take into account several significant changes in the law over the last several years, including the Supreme Court of Canada's decisions in Bedford (sex work) and Carter (medically assisted dying).
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This book offers a comprehensive analysis and comparison of the practice and case law of the European Court of Human Rights and the UN Committee against Torture in the assessment of individual complaints concerning the principle of non-refoulement.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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