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 20 of 23 for “"Charter of Rights"”.
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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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STREET CHECKS AND CANADIAN YOUTH: A CRITICAL LEGAL ANALYSIS
Street checks occur when (a) a police officer engages with an individual, (b) in circumstances where the police officer does not have sufficient grounds to detain the individual, (c) the police officer elicits information from that individual, and (d) the individual’s information is stored in a …
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The marriage dialogue
Using the contemporary example of same-sex marriage, the author uses his first-hand experience as a Member of Parliament to examine the "dialogue" theory of Charter of Rights and Freedoms politics and decision-making role of legislators. The dialogue between courts, legislatures and Canadians is …
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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
… religion, that fall outside law’s frame (often figured, erroneously, as ‘objective’ and ‘neutral’). The research grounds itself in the only Supreme Court of Canada case that, to date, has involved Indigenous religious freedoms and s. 2(a) of the Canadian Charter of Rights and Freedoms …
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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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Barriers to implementing holistic, community-based treatment for offenders with fetal alcohol conditions
… treatment is preferable to carceral options for offenders with fetal alcohol conditions, presents emerging support for this contention, identifies barriers to the implementation of community-based treatment, and culminates with analyses of ways of influencing policy reform or of legally mandating …
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An Examination of the Impacts of the Protection of Communities and Exploited Persons Act on Community-Based Organizations
… v. Bedford (Bedford Ruling), the Supreme Court of Canada (SCC) ruled that three of the provisions included in Canada’s Criminal Code, ones that criminalized certain acts related to prostitution, violated the Charter of Rights and Freedoms (the Charter). The SCC determined that the Government of …
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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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Supreme Court appointments in the charter era: the current debate and its implications for reform
The presence of the Charter of Rights and Freedoms in the Constitution of Canada has transformed the historic discourse about what types of people should be appointed to the Supreme Court and the manner in which they should be selected. During the period between 1949, when the Supreme Court …
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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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Australia's Common Law Constitution
The centrepiece of the Australian legal order is the Constitution of the Commonwealth of Australia (the ‘Constitution’). While the Constitution has proven to be a long-lasting force for stability in Australia, it does not cover the field in terms of constitutional law. Australian lawyers have long …
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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
… 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 Constitutional Court which …
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