Global ETD Search

1	In Pursuit of Equality: Bringing Human Dignity to the Forefront of Section 15 Malezis, CHRISTINA 02 October 2012 (has links) While it is clear that section 15 of the Charter of Rights and Freedoms should be read as prohibiting only of those violations of equality that amount to discrimination, it remains unclear how to determine what it means for a state to treat its citizens as equals, and more specifically, what constitutes discrimination. Thus, the idea of human dignity in section 15 the Charter has been, in many ways, groundbreaking in its recognition of the far-reaching impact of unequal treatment. There remains, however much scholarly dissension surrounding the concept’s meaning and use within section 15 equality jurisprudence. As a result, many have argued that the concept suffers from ambiguity and indeterminacy, thus creating an additional burden on equality claimants. This work advances the thesis that the concept of human dignity, understood in the objective sense as autonomy and self-determination, explains the nature and scope of the government’s obligation to show equal concern and respect, and offers us valuable guidance as to why certain types of unequal treatment are unfair and illegitimate. The concept can, I believe, help to delineate how equality is to be conceived, specified and realised under section 15 of the Charter. To make my case, I reject and show as flawed the Supreme Court of Canada’s interpretation and use of dignity in section 15(1) jurisprudence. Finally, in an attempt to demonstrate that the concept of dignity is relevant and necessary to an analysis of discrimination, I show that such a concept is in fact grounded in Sophia Moreau’s own illuminating account of the wrongs of unequal treatment. / Thesis (Master, Philosophy) -- Queen's University, 2012-10-02 11:09:56.411 Section 15 Human Dignity
2	Rights Without Remedies: The Court Party Theory and the Demise of the Court Challenges Program Salter, Shannon 25 August 2011 (has links) The author argues that the Court Challenges Program’s 2006 cancellation was based on claims that judicial review is undemocratic, including those made by three academics, Rainer Knopff, F.L. Morton and Ian Brodie; the Court Party Theorists (the “CPT”). Through a study of Charter equality cases, this paper examines the CPT’s arguments regarding judicial activism, interest groups and interveners and finds they are largely unsupported by statistical evidence. Further, the debate about judicial review and democracy obscures judicial review’s important auditing function over the legislature’s constitutional adherence. This audit depends on individuals’ capacity to pursue Charter litigation, an ability compromised by the access to justice crisis. The author examines this crisis and the efforts to fill the funding gap left by the CCP’s cancellation and concludes that a publicly-funded program like the CCP is best-placed to ensure that the Charter remains a relevant tool for enforcing fundamental human rights in Canada. Court Challenges Program access to justice Charter of Rights and Freedoms equality rights Court Party Theory litigation intervener intervenor interest groups judicial activism judicial review legal aid section 15 s. 15 Rainer Knopff Ian Brodie F. L. Morton CCP human rights statistics study quantitative 0398 0615
3	Rights Without Remedies: The Court Party Theory and the Demise of the Court Challenges Program Salter, Shannon 25 August 2011 (has links) The author argues that the Court Challenges Program’s 2006 cancellation was based on claims that judicial review is undemocratic, including those made by three academics, Rainer Knopff, F.L. Morton and Ian Brodie; the Court Party Theorists (the “CPT”). Through a study of Charter equality cases, this paper examines the CPT’s arguments regarding judicial activism, interest groups and interveners and finds they are largely unsupported by statistical evidence. Further, the debate about judicial review and democracy obscures judicial review’s important auditing function over the legislature’s constitutional adherence. This audit depends on individuals’ capacity to pursue Charter litigation, an ability compromised by the access to justice crisis. The author examines this crisis and the efforts to fill the funding gap left by the CCP’s cancellation and concludes that a publicly-funded program like the CCP is best-placed to ensure that the Charter remains a relevant tool for enforcing fundamental human rights in Canada. Court Challenges Program access to justice Charter of Rights and Freedoms equality rights Court Party Theory litigation intervener intervenor interest groups judicial activism judicial review legal aid section 15 s. 15 Rainer Knopff Ian Brodie F. L. Morton CCP human rights statistics study quantitative 0398 0615

1

Page generated in 0.0907 seconds