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.
Results
Showing 1 to 20 of 27 for “"Supreme Court of Canada"”.
-
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 …
-
Reconciling the Constitutional Order: Positing a New Approach to the Development of Indigenous Self-Government and Indigenous Law
In light of the recognition of continuing Indigenous sovereignty by the Supreme Court of Canada and the requirement that that sovereignty and de facto Crown sovereignty be reconciled within a shared constitutional order, Canada needs a new approach to negotiating the exercise of Indigenous …
-
The Political Entanglements of Recognition: Aboriginal Title, Crown Sovereignty, and Indigenous Self Determination
Since the Supreme Court of Canada's Calder (1973) decision, Canada has been forced to recognize that Aboriginal title exists. As a result, Canada has indirectly recognized that Indigenous peoples were self-governing prior to British occupation, however, there has yet to be a comprehensive and …
-
Opening the Doré to Proportionality: Discretionary Administrative Decisions and the Charter
In Doré v. Barreau du Québec, 2012 SCC 12, the Supreme Court of Canada revisited the debate over how courts should review administrative discretionary decisions implicating Charter rights. In short, the Court held that such decisions should be reviewed using a values-based, administrative law …
-
Accepting the Unacceptable: Trinity Western University, Religious Freedom, and the Meaning of Liberal Constitutionalism
This thesis proposes an answer to the question of when, and under what conditions, a state operating within the framework of liberal constitutionalism may legitimately condition receipt of public benefits on the recipient's conformity with liberal values—a question that is implicitly asked, but …
-
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 …
-
Medical Assistance in Dying (MAID) in Canada: Following Bill C-14 through Parliament
This thesis explores the Government of Canada’s legislative response to the Carter v. Canada (Attorney General) ruling. More specifically, this thesis analyzes the major issues that afflicted Bill C-14, or An Act to amend the Criminal Code and to make related amendments to other Acts (medical …
-
The Canadian Nondelegation Doctrine: An Architectural Imperative
Delegation of legislative authority to the executive branch is a dominant practice in the modern Canadian administrative state. This dissertation argues that such delegation is unconstitutional. The unwritten principles of democracy, the separation of powers, and the rule of law – all defining …
-
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 …
-
Reading Law's Great Unread: Qualitative Computational Methods, Artificial Intelligence and the New Empirical Legal Research
… change legal research and our visions of what law is? Inspired by the work of digital humanists, Bourdieu, and sociologists of literature, this dissertation explores how the methods of “distant reading” can be used to develop new classes of critical insights about law. After situating …
-
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 …
-
The Criminalisation of Adverse Medical Events in Criminal Negligence Cases: Exploring Fate, Agency, and Pragmatism in the Construction of Blame for Alleged Physician Negligence
… events (AME) because the unintentional nature of AME renders it incompatible with the penal objectives of the criminal law. This project uses an interpretivist approach to examine how blameworthiness is constructed in criminal cases involving AME. Situated within a contextual constructionist …
-
Hryniak, the 2010 Amendments, and the First Stages of a Culture Shift?: The Evolution of Ontario Civil Procedure in the 2010s
This dissertation investigates the effects of amendments to Ontarios Rules of Civil Procedure that came into effect on January 1, 2010 (the 2010 Amendments) and were subject to interpretation by the Supreme Court of Canada in a 2014 decision (Hryniak). Hryniak concerned summary judgment. However, …
-
An Examination of the Impacts of the Protection of Communities and Exploited Persons Act on Community-Based Organizations
In Canada (AG) 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 …
-
Taking precedents seriously: The influence of stare decisis on judicial decision-making.
The author examines the influence of precedent on Supreme Court decision-making in Canada. Despite its importance, very little is actually known about the factors that affect judicial decision-making. The thesis begins by defining the doctrine of precedent, discusses the virtues of adhering to a …
-
Prosecuting Hate Speech: Keegstra, Zundel, and the Criminal Law's Ability to Protect Vulnerable Communities
… increase in hate speech in recent years, both in Canada and abroad. There is wide consensus that increased emphasis on criminal law will help suppress harmful expression. Numerous countries have proposed or enacted new criminal laws targeting hate speech. But there is little evidence of …
-
Sexual assault: public debate and criminal law reform
Canada's most recent amendments to the criminal law on sexual assault were developed in consultation with women's groups in response to the decision of the Supreme Court of Canada that existing restrictions on the admission of evidence of the sexual pasts of complainants in sexual offences is …
-
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 …
Page 1 of 2