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Section 33 - what is commonly referred to as the notwithstanding clause (NWC) - was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights.The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice - the legislatures or the unelected judiciary - and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province's culture and promote its identity as a nation. Yet Quebec's pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens' recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada.The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.
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"Administrative Law in Context, 4th Edition continues this title's approach to administrative law in the important contexts that shape legal ideas and doctrines in this field. It examines key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada including an analysis of the recent Vavilov trilogy of cases from the Supreme Court of Canada and their significant affect on how judicial reviews of administrative decisions are now conducted in Canada. This detailed, collaborative analysis gives students a better sense of how administrative boards and tribunals work in practice and differentiates itself from Admin8 by using a contemporary experiential pedagogy that employs increased commentary and discussion."-- Provided by publisher.
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"With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues. Analysing the repercussions of abduction from the perspectives of both abducted children and the therapeutic professionals engaged in their cases, chapters assess the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal practice and various regional initiatives, it considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention's strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing the need to tackle the challenges in its future operation. Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of use to legal practitioners working in family law alongside NGOs and central authorities working in the field"--
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Le 573e recueil de textes dans la série des colloques du Service de la qualité de la profession du Barreau du Québec regroupe les conférences prononcées le 27 mars 2025, à Montréal, dans le cadre du colloque Les développements récents en droit criminel. Nous sommes particulièrement heureux d’avoir pu compter sur l’expertise et la généreuse collaboration de Me Léon Moubayed du cabinet Davies Ward Phillips et Vineberg, S.E.N.C.R.L., s.r.l. et de MeJulie Auclair du Barreau du Québec. Nous devons à MeMoubayed et MeAuclair d’avoir su réunir une équipe de spécialistes chevronnés autour de sujets pertinents. Les conférenciers retenus en raison de leur expertise et de leurs connaissances, n’ont pas hésité à consacrer nombre d’heures au bénéfice de la communauté juridique.