Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 19 of 19 for “"Canadian Charter"”.
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A Burl on the Living Tree: Freedom of Conscience in Section 2(a) of the Canadian Charter of Rights and Freedoms
The Charter grants to everyone, in s.2(a), the “fundamental …freedom of conscience and religion.” Yet the interaction between the two operative terms, “religion” and “conscience” remains largely unexplored. What, for example, is meant by “conscience”? By conscience in contradistinction to religion? …
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Le droit des femmes à l'égalité en droit canadien, lente reconnaissance
… based on their sex) has been part of Canadian law since at least the Canadian Bill of Rights but has only been constitutionalized since 1982 in the Canadian Charter of Rights and Freedoms. During this research, it is compelling to note that our domestic legal instruments are influenced …
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The Presumption of Non-Credibility
… presumption of innocence, Section 11(d) of the Canadian Charter of Rights and Freedoms, does in the sexual assault trial in Canada. By discussing the juridogenic nature of Section 11(d) from an anti-carceral feminist perspective, and combined methods approach, I will demonstrate the both …
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Accommodation of religious and cultural differences in medical school training
… medical school training (as guaranteed by the Canadian Charter of Rights and Freedoms) and attempts to balance these individual rights against the goal of a medical school to develop a generic physician who is prepared, at completion of medical school training, to enter into many different …
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Law and Indigenous Religion: Theorizing a Complex Relationship
… Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms (Ktunaxa Nation v British Columbia 2017 SCC) and in the very few lower court decisions that have followed in its not-unproblematic wake. Inspired by several currents of both Indigenous thought and …
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An analysis of Section 11 of the Constitution and 'Stransham-Ford v Minister of Justice': are people permitted to waive the right to life?
… been legalised. This includes an evaluation of Canadian case law which utilised the Canadian Charter of Rights and Freedoms to legalise euthanasia. This Charter was one of the inspirations for the South African Constitution. Finally, the thesis makes provision for medical professionals to object …
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Section 35(5): are the superior courts consistent in their application of the factors to be taken into account in excluding unconstitutionally obtained evidence where admission would be detrimental to the administration of justice?
… Jurisprudence arising out of art 24 of the Canadian Charter has had a significant influence on the interpretation of s 35(5) in determining whether the administration of justice is being undermined due to the admission of evidence. Presence of good faith, the nature of the transgression, …
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In The Mounties We Trust: A Study of Royal Canadian Mounted Police Accountability
Police and Canadian citizens often clash during protests sometimes resulting in violent outcomes. Due to the nature of those altercations, there are few other events that require oversight more than the way police clash with protesters and there is a history of such oversight resulting in a number …
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A Study of the Roles of Interest Groups and the Courts in Canadian Educational Policy Development
… and changes in the roles and philosophy of the Canadian judiciary may, in conjunction, be creating an unrecognized level of educational policy-making in this country. In addition, the thesis seeks to examine the possible implications of such an addition to the educational policy equation. …
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A Moral Reconstruction of Freedom of Association in Canada
… freedom of association in section 2(d) of the Canadian Charter of Rights and Freedoms (hereafter, the Charter) protected a positive right to bargain collectively over working conditions. Between 1987 and 2007, the Supreme Court's jurisprudence on freedom of association was marked by certain …
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For Your Eyes Only: A Look into the Legal Feasibility of Exceptional Access to End-to-End Encrypted Messages
… these technological mechanisms against the Canadian constitutional law, we will see that facilitating lawful exceptional access may be unconstitutional as violating the right against unreasonable search and seizure guaranteed by the Section 8 of the Canadian Charter of Rights and Freedoms. …
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Feminist judgments: interrogating Zimbabwean judgments using anti-essentialist feminist legal theory
… judgments project was launched by a group of Canadian lawyers and scholars. This group, calling themselves the Women's Court of Canada, published a series of six rewritten opinions of the Canadian Supreme Court interpreting the Canadian Charter of Rights and Freedoms from a feminist …
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Girl talk : feminist rights discourse and the struggle for equality
… way society has marginalized women's existence. Canadian feminists, in particular, have developed a counterdiscourse of rights to challenge the dominant discourse and its formal approach to equality. By lobbying the federal government to entrench a more substantive notion of equality in the …
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O CANADA, WHOSE HOME AND NATIVE LAND? AN AUTOBIOGRAPHICAL NARRATIVE INQUIRY INTO THE CRITICAL ROLE OF CURRICULUM IN IDENTITY AFFIRMATION
The Canadian Charter of Rights and Freedoms (1982) guarantees fundamental freedoms of conscience, religion, thought, belief, and opinion. However, the interpretation of such freedoms, and the extent of accommodation within the context of secular public schools, is not always clear (Shariff, 2006). …
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The case for assisted dying/euthanasia in specific cases in South Africa with reference to the development of the South African and Canadian Jurisprudence under a human rights political order
… between the South African Constitution and the Canadian Charter of Rights and Freedoms and by comparing each of their Limitations Clauses proceeds to demonstrate how our Constitutional Court may follow analogous principles and reasoning to decriminalise physician assisted suicide by taking a …
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Is the Glass Half-Empty or Half-Full? An Exploratory Study of Defence Lawyers’ Constructions of Plea Negotiations and Accused Persons’ Rights within the Ontario Criminal Justice System
… plea negotiations are a staple within the Canadian criminal justice system, the practice has been continually critiqued in relation to accused persons’ rights. Scholarship existing on the topic typically suggests that plea bargaining negatively impacts accused persons because of the …
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Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-mask Policies
… numerous Supreme Court of Canada decisions on Charter applicability, there has been limited discussion on how the Charter applies to entities operating in the healthcare sector. This paper uses vaccination-or-mask policies as a test case to illustrate the difficulties in applying the current …
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Tribunals, Trials, and Tribulations: The Impact of Administrative Law on Religious Freedom in the Supreme Court of Canada
Since the introduction of the Charter in 1982, the interactions between law and politics have become an increasingly important consideration in Canadian political science. The literature has focused primarily on how the Charter has expanded the Supreme Court’s authority to shape the development of …