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 17 of 17 for “"Canadian Charter of Rights and Freedoms"”.
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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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The Presumption of Non-Credibility
… is a rampant issue that affects millions of individuals around the world and especially women. This thesis will explore the work that the 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 …
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Accommodation of religious and cultural differences in medical school training
As with many other disciplines, the study of medicine is being influenced by the change in the cultural make-up of our country. On occasion, conflicts may develop between the personal beliefs of medical students and the training they must undertake in order to become competent and caring …
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Law and Indigenous Religion: Theorizing a Complex Relationship
… are necessary to think the relation between law and Indigenous religion without marginalizing perspectives, such as those germane to Indigenous religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court …
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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?
Thousands of people around the world seek active euthanasia as a medical means to the alleviation of their incurable pain. This highly contentious medical procedure is not available to South Africans. This thesis explores the High Court Judgment of Stransham-Ford v Minister of Justice, the first …
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Le droit des femmes à l'égalité en droit canadien, lente reconnaissance
The right to gender equality (or the right of women to equality or not to be discriminated 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 …
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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
… policy theory recognizes two legitimate levels of educational decision-making, provincial ministries/departments of education and local school boards. The purpose of this thesis was to investigate whether a new, third level (i.e., a judicial level) of educational policy-making is evolving in …
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A Moral Reconstruction of Freedom of Association in Canada
In 1987, the Supreme Court of Canada rejected arguments that the 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 …
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For Your Eyes Only: A Look into the Legal Feasibility of Exceptional Access to End-to-End Encrypted Messages
… applications have revolutionized the world of interpersonal communications. They allow us to seamlessly communicate with people across the globe. These platforms, whose infrastructure operates on the internet, secure their communications through cryptography with most of them providing …
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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
The customs of Western society face increasing pressure as the "postmodern" notion that knowledge and reason are constructs of a discourse that suppresses some aspects of experience and highlights others, gains legitimacy. Feminists have seized this notion of discourse to challenge the way society …
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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
… jurisprudence, particularly constitutional law and the common law of South Africa all lend support to the case for decriminalising physician assisted suicide through invoking a right to die with dignity (RDD). This argument is foundationally premised on the clear jurisprudence of the …
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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
… well as internationally. In Canada, the majority of criminal cases are disposed of by plea negotiations. Although 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 …
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Applicability of the Charter in the Healthcare Context Through the Lens of Vaccination-or-mask Policies
Despite 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 …