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This thesis explores the intersection of freedom of expression (as protected in the Canadian Charter of Rights and Freedoms (Charter)) and copyright in Canada. In this thesis, I argue that both lower Canadian courts and the Supreme Court of Canada (SCC) should reconsider their approaches to this intersection. Lower Canadian courts have consistently rejected arguments that provisions of Canada's Copyright Act unjustifiably infringe the Charter right to freedom of expression. The SCC, on the other hand, has consistently interpreted provisions of the Copyright Act in such a manner as to result in expanded protection for the expression interests of non-copyright owning parties. It has done so not by relying explicitly on the Charter right to freedom of expression, but through a process of statutory interpretation. I argue that both approaches merit reconsideration. Specifically, I argue that the approaches adopted by lower Canadian courts to the intersection of the Charter right to freedom of expression and copyright are based on now-invalidated approaches to both copyright and to freedom of expression, and are thus themselves invalid; that to the extent to which the SCC's approach to this intersection assumes that the Charter right to freedom of expression can be protected, in the context of copyright, through statutory interpretation alone, that it fails to adequately protect the Charter right to freedom of expression; that other leading national courts from which the SCC has previously sought assistance have explicitly engaged with this intersection, and that the SCC should follow suit; and that the SCC's own copyright and freedom of expression jurisprudence suggests that provisions of the Copyright Act may unjustifiably infringe the Charter right to freedom of expression. These four arguments, taken together, suggest that the time is ripe for reconsideration of this intersection.

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Liberals claim that the exercise of state power must be justified on terms that all citizens can reasonably accept. They also support democracy. The challenge is to bring these two desideratum in line-- to ensure that democratic deliberations are somehow predicated on claims that all citizens can reasonably accept. Put differently, the challenge is to set the terms of public reason. Liberal philosophers advance grand theories of political justice towards this end. They claim that a reasonable argument in the political sphere is one that conforms to theory x. The difficulty is that there will be those who reasonably reject theory x, preferring theory y or z, or eschewing theory altogether. Pessimism at the prospect of agreement on higher-order theories of justice leads some to advocate simple majority rule. The thesis argues that convergence on higher order theory is not essential to public reason. The Supreme Court of Canada’s method of adjudication under the Canadian Charter of Rights and Freedoms is used as a model. Where basic rights are engaged, or are alleged to be engaged, the Court examines the reasonableness of law and policy using a series of open-ended tests. These tests discipline their deliberations by focusing attention on generally accepted facts and values (notably, the values expressed by the Charter). The thesis contends that the Court’s open-ended, contextual approach can serve as a model for broader public reasoning. The thesis then explores the role of religious arguments within this model. In a polity committed above all to Charter values, what is the place of religion in the justification of law? It is argued that religion is understood to be private and inscrutable under the Charter. This is what justifies the Court’s generous reading of the right to religious freedom. It also justifies our forbidding state coercion in the name of religion. With the preceding ideas in mind, the thesis examines Canadian law and public discourse on the issues of therapeutic cloning (ch.4) and same sex marriage (ch.5).

This thesis proposes a model for legalized Physician-Assisted Suicide [PAS] for adoption into Canadian legislation. The basis of this model is one which respects the individual freedom to make end-of-life decisions free from state interference. The research herein supports the provisions contained in Oregon legislation where PAS has been legalized on the basis that the Oregon model is consistent with the guarantees afforded under s.7 of the Charter of Rights and Freedoms. Oregon maintains strict regulatory barriers which protect against the threat of abuse which the Supreme Court reasoned in Rodriguez outweighed her s.7 rights to autonomy. This thesis will engage in the theories of Ronald Dworkin who supports the preservation of the sanctity of human life which Sopinka J. held prevailed over s. 7 violations in Rodriguez and seeks a model which respects individual freedom without compromising that sanctity or value of life.

This thesis proposes a model for legalized Physician-Assisted Suicide [PAS] for adoption into Canadian legislation. The basis of this model is one which respects the individual freedom to make end-of-life decisions free from state interference. The research herein supports the provisions contained in Oregon legislation where PAS has been legalized on the basis that the Oregon model is consistent with the guarantees afforded under s.7 of the Charter of Rights and Freedoms. Oregon maintains strict regulatory barriers which protect against the threat of abuse which the Supreme Court reasoned in Rodriguez outweighed her s.7 rights to autonomy. This thesis will engage in the theories of Ronald Dworkin who supports the preservation of the sanctity of human life which Sopinka J. held prevailed over s. 7 violations in Rodriguez and seeks a model which respects individual freedom without compromising that sanctity or value of life.

Liberals claim that the exercise of state power must be justified on terms that all citizens can reasonably accept. They also support democracy. The challenge is to bring these two desideratum in line-- to ensure that democratic deliberations are somehow predicated on claims that all citizens can reasonably accept. Put differently, the challenge is to set the terms of public reason. Liberal philosophers advance grand theories of political justice towards this end. They claim that a reasonable argument in the political sphere is one that conforms to theory x. The difficulty is that there will be those who reasonably reject theory x, preferring theory y or z, or eschewing theory altogether. Pessimism at the prospect of agreement on higher-order theories of justice leads some to advocate simple majority rule. The thesis argues that convergence on higher order theory is not essential to public reason. The Supreme Court of Canada’s method of adjudication under the Canadian Charter of Rights and Freedoms is used as a model. Where basic rights are engaged, or are alleged to be engaged, the Court examines the reasonableness of law and policy using a series of open-ended tests. These tests discipline their deliberations by focusing attention on generally accepted facts and values (notably, the values expressed by the Charter). The thesis contends that the Court’s open-ended, contextual approach can serve as a model for broader public reasoning. The thesis then explores the role of religious arguments within this model. In a polity committed above all to Charter values, what is the place of religion in the justification of law? It is argued that religion is understood to be private and inscrutable under the Charter. This is what justifies the Court’s generous reading of the right to religious freedom. It also justifies our forbidding state coercion in the name of religion. With the preceding ideas in mind, the thesis examines Canadian law and public discourse on the issues of therapeutic cloning (ch.4) and same sex marriage (ch.5).

This study explores the political impact of the Canadian Charter of Rights and Freedoms on the Supreme Court of Canada. This influence is contrasted with the judiciary's historic reluctance to recognize civil liberties, commencing with the position taken by the Judicial Committee of the Privy Council and the cautious reaction of the Supreme Court to the Diefenbaker Bill of Rights. / The treatment of civil liberties under the Charter is considered through a survey of some of the Charter cases addressed by the Supreme Court of Canada. The political consequences of the Court's decisions are examined. Alternative possibilities for the Court's role in Canadian society are considered, including the prospects for entrenchment under the Meech Lake Accord and other recently proposed reforms. / The criticism that too much power is being vested in the "least democratic branch" is addressed and the suggestion that the Charter should be located in the "communitarian tradition of Canadian politics" is appraised. This study reflects upon the theoretical assumptions which underlie the existence of the Charter, as it evaluates the political theory behind differing conceptions of judicial interpretation. This thesis concludes by determining that the Supreme Court has made a positive political contribution to Canadian society.

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 physicians. What are the implications for medical school training in terms of the increasing diversity of the individuals applying to, and being accepted into, medical schools across this country? How much should we allow the personal beliefs and values of physicians-in-training to modify the medical education experience as it currently exists? Do we need to accommodate these individual student differences (religious and cultural) when designing and modifying the medical school curriculum? This thesis looks at the requirement for accommodation (as established in human rights legislation) and the rights of individuals entering into 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 post-graduate training programs. Medical school training involves a number of different types of learning including: knowledge acquisition, procedural competence, and the ability to interact in an intimate, yet wholly professional, manner with complete strangers. Current accreditation requirements demand that each medical student achieves a requisite level of knowledge, and the ability to perform certain physical examinations and associated procedures, by the completion of medical school training. Three distinct examples of possible requests for accommodation are examined during this thesis in order to determine if, and when, accommodation is reasonable and achievable. Although it is possible to allow some degree of modification of the medical school training process in order to accommodate religious or cultural beliefs of particular students, this accommodation is currently not possible if bona fide educational requirements are undermined during this accommodation or if accommodation of students would require undue hardship on the part of the particular medical school, staff or other students involved in the training process. Creating a standard process whereby students can request a modification of their involvement in the medical school curriculum (in order to accommodate religious or cultural differences) will facilitate unbiased and reasonable decision-making. This will allow students and faculty to have reasonable expectations about the ability of each individual to be successfully integrated into the medical school training program. It would also be useful and responsible to make it clear to students applying to be admitted to medical school where the limits are with respect to what degree of modification of medical school training is possible. The knowledge and clinical abilities that a student will be expected to master, within a Canadian medical school curriculum, must be consistent with the expectation of non-discrimination, as identified by provincial and national human rights legislation, and with the rights and freedoms as guaranteed by the Canadian Charter of Rights and Freedoms.

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