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Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
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Behind Closed Doors asks - and answers - whether the doctrine of Cabinet secrecy still has a role in the Westminster parliamentary system.
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"The book introduces and describes the principal characteristics of the Canadian constitution, including Canada's institutional structure and the principal drivers of Canadian constitutional development. The constitution is set in its historical context, noting especially the complex interaction of national and regional societies that continues to shape the constitution of Canada. The book argues that aspects of the constitution are best understood in 'agonistic' terms, as the product of a continuing encounter or negotiation, with each of the contending interpretations rooted in significantly different visions of the relationship among peoples and societies in Canada. It suggests how these agonistic relationships have, in complex ways, found expression in distinctive doctrines of Canadian constitutional law and how these doctrines represent approaches to constitutional legality that may be more widely applicable. As such, the book charts the Canadian expression of trans-societal constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes"-- Provided by publisher.
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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
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"Cognizant of the growing and persistent systemic flaws found in the military justice system as exposed by several official reports, as well as the cultural issues plaguing our military as recently reported by Canadian media, we are convinced of the urgent need to reinforce its trustworthiness, independence, and fairness. Recently, the military has faced an unprecedented crumbling of the organization as we know it, and the deep-rooted, systemic issues within the Canadian Armed Forces [CAF] are starting to be exposed to the civilian world."--Website
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As the Canadian Judicial Council marks its 50th anniversary of service to Canadians, it is timely that we have revised and modernized Ethical Principles for Judges. From their first publication in 1998, these principles have laid out the ethical frame of reference to which all judges aspire: judicial independence, integrity and respect, diligence and competence, equality and impartiality
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"The book, as part of our Criminal Law Series, is a very practical and balanced treatment of all issues related to search and seizure laws in Canada. Unlike drugs, sexual offences, fraud etc., which appeal to a particular sub-set within criminal law writ large, this book is one of general application, applying to all types of offences within the criminal justice system. The book focuses on issues related to the reasonable expectation of privacy, the search warrant application process, production orders, special Criminal Code search powers, ancillary orders, authorizations, warrantless searches, post-seizure reporting and detention and return of seized property, reviewing a search and seizure process, and the exclusion of evidence."-- Provided by publisher.
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"Written by two of Canada’s leading constitutional scholars, the seventh edition of The Charter of Rights and Freedoms provides a uniquely accessible yet thorough and objective account of the Canadian Charter. This new edition includes, for the first time, a chapter examining Aboriginal and Treaty rights. The authors examine the manner in which Canadian courts have come to terms with the constitutional protection of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain Charter and Aboriginal rights, their interpretation by the courts, and their practical application. This edition also highlights a number of important cases in recent Canadian law. For example, Conseil scolaire francophone de la Colombie-Britannique refused to accept that controlling the cost of minority-language education, which is a Charter right, would justify limiting that right under section 1. The decision also refused to extend qualified immunities from Charter damage awa rds to government policy decisions. The Frank decision, which struck down the disenfranchisement of Canadian citizens living abroad, and an important new remedies case, Ontario (Attorney General) v G, which will affect suspended declarations of invalidity and applicable exemptions, are both given a detailed and comprehensive analysis. The authors also discuss recent developments in the section 2(b) right to freedom of religion, including both the Ktunaxa Nation decision rejecting an Indigenous group’s claim that a development project would infringe on their right to freedom of religion, and the Trinity Western decisions dealing with a religiously motivated covenant that discriminated against prospective LGBTQ2S+ law students; developments in freedom of expression, including election spending and journalists being required to reveal their sources; the important role played by the Charter in the criminal process, including the Boudreault decision, which extends the protection against c ruel and unusual punishment; and developments in the area of equality rights, including decisions on pay equity and the Fraser case, which deals with pension benefits for women."-- Provided by publisher.
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'This publication presents a fascinating account of the struggles and reforms that have shaped Canada's electoral system from pre-Confederation times to the present day. Originally researched and published in 1997 and updated in 2007, this third edition -
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"This text examines the rules and regulations that apply to the running of elections in Canada, following the passing of the Elections Modernization Act in 2018 and in effect for the 43rd general election in 2019. The book covers the laws affecting voting rights and participation in the electoral process, analysis of the laws that apply to candidates, the laws governing riding associations and political parties and associations, campaign financing, political advertising and election compliance and enforcement. It also discusses new rules affecting third parties participating in the democratic process at election time. A new chapter offers practical guidance and summarizes key legal considerations at the various stages of campaign planning and execution for those involved in the electoral process as candidates, members of riding associations and campaign worker and volunteers."-- Provided by publisher.
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This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.