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A REMEDY FOR THE NINETIES: SCHACHTER V. R. AND HAIG & BIRCH V. CANADA
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This article is a summary of the research carried out in relation to the experiences of asylum-seeking and refugee families regarding access and participation in local childcare services. Focus groups and interviews were carried out with 16 refugee and asylum-seeking parents, five childcare practitioners, and two support and development staff in a small, mainly rural county, in the northwest of Ireland. Following a review of the literature in relation to social networks, social capital and social support, the research was designed to establish the perceptions of service users as well as service providers. The findings showed that levels of isolation experienced by both refugee and asylum-seeking families, largely because of current policy provisions, had a significant impact on their ability to develop informal supports networks in their host community. Families found that the formal and informal networks provided through childcare services were sources of valuable support. Both service users and staff identified a number of challenges in meeting various needs and in providing culturally responsive services. Challenges identified by service users came from their living experiences in the direct provision system, and social exclusion experienced by both asylum-seeking and refugee families, such as the cost of childcare and isolation. Communication and language barriers present as a significant challenge for both service users and service providers.
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This article seeks to verify the commonly formulated assertion to the effect that the citizen, the resident and the foreigner have in Canada substantially the same rights. Doing so, it goes through the constitutional and ordinary law of the land in order that the consequences of each of the three status be identified and assessed.
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Purposive interpretation leads a double life. As a matter of constitutional practice, it forms the doctrine through which courts in Canada and around the world determine the concrete protections that abstract constitutional rights afford. However, as a matter of constitutional theory, purposive interpretation is routinely rejected as either an empty phrase that offers no alternative to established theories of constitutional interpretation or a dangerous doctrine that provides no basis for distinguishing between justified and unjustified interpretations of constitutional rights. This essay formulates a conception of purposive interpretation that is not vulnerable to these objections. The purposive approach to the interpretation of constitutional rights follows from a set of ideas about how legal interpretation differs from interpretation more broadly, how constitutional interpretation differs from interpretation in other legal domains, and how constitutional interpretation constrains both the purposes it attributes to particular provisions and the application of those purposes to particular contexts. My aim is to show that these ideas fit together in a coherent doctrinal whole that is neither empty nor dangerous. Purposive interpretation is not empty because it offers a genuine alternative to the presuppositions and structure of opposing interpretive paradigms. Purposive interpretation is not dangerous because it provides a principled set of resources for distinguishing between justified and unjustified interpretations.
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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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