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Should \"hate speech\" be made a criminal offense, or does the First Amendment oblige Americans to permit the use of epithets directed against a person's race, religion, ethnic origin, gender, or sexual preference? Does a campus speech code enhance or degrade democratic values? When the American flag is burned in protest, what rights of free speech are involved? In a lucid and balanced analysis of contemporary court cases dealing with these problems, as well as those of obscenity and workplace harassment, acclaimed First Amendment scholar Kent Greenawalt now addresses a broad general audience of readers interested in the most current free speech issues.

Background People experiencing homelessness are often marginalized and are known to face barriers to accessing acceptable and respectful healthcare services. This study examines the experience of accessing hospital-based services of persons experiencing homelessness or vulnerable housing in southeastern Ontario and considers the potential of Equity-Oriented Health Care (EOHC) as an approach to improving care. Methods Focus groups and in-depth interviews with people with lived experience of homelessness (n=31), as well as in-depth interviews of health and social service provider key informants (n=10) were combined with qualitative data from a survey of health and social service providers (n=136). Interview transcripts and written survey responses were analyzed using directed content analysis to examine experiences of people with lived experience of homelessness within the healthcare system. Results Healthcare services were experienced as stigmatizing and shaming particularly for patients with concurrent substance use. These negative experiences could lead to avoidance or abandonment of care. Despite supposed universality, participants felt that the healthcare system was not accountable to them or to other equity-seeking populations. Participants identified a system that was inflexible, designed for a perceived middle-class population, and that failed to take into account the needs and realities of equity-seeking groups. Finally, participants did identify positive healthcare interactions, highlighting the importance of care delivered with dignity, trust, and compassion. Conclusions The experiences of healthcare services among the homeless and vulnerably housed do not meet the standards of universally accessible patient-centered care. EOHC could provide a framework for changes to the healthcare system, creating a system that is more trauma-informed, equity-enhancing, and accessible to people experiencing homelessness, thus limiting identified barriers and negative experiences of care.

After initial optimism, damages have become a disappointing remedy for human rights violations in Canada, New Zealand, South Africa, the United Kingdom, and the United States. Part I of this article relates this disappointment to the modest nature of most awards and the continued impact of qualified and absolute immunities. Part II argues that the answer is not, as some have suggested, to return to tort principles but, rather, to look to public law principles, including international law principles of state responsibility. This allows damages to be placed in the perspective of the state’s obligations to comply with human rights and the availability of alternative and sometimes stronger remedies. A public law approach also allows principles of proportionality to discipline and structure the exercise of remedial discretion. Part III situates damages within a two-track approach to remedies in both domestic and supranational law. Under this approach, courts will play the dominant role in providing remedies including damages to recognize past violations but play a more dialogic role with respect to encouraging states to prevent similar violations in the future.

The courts have a role in ensuring that the Charter is upheld in how our health care system is legislated to run, but that's not the same as letting the courts decide whether we have private health care. If legislation is struck down under the Charter, it's up to governments to enact new, Charter-compliant legislation. Having government fix the public system is a far more obvious solution than throwing it away for two-tiered health care that has dubious prospects for protecting the right of all Canadians to access health care. The new Canada Heath Accord between our federal and provincial governments must ensure that the universality and equity of our present system are upheld. The idea of allowing a parallel private health care system to emerge alongside our present system raises grave concerns, but that doesn't mean we're happy with the status quo. Wait lists must be slashed. We need to spend smarter and be innovative, which must also be part of the Canada Health Accord deliberations. Universality should be at the top of the list. But it's also the time for Federal Minister of Health Dr. Jane Philpott to strengthen the Canada Health Act and punish violations by levying fines equitably and thoroughly to safeguard our health care system. Reportedly, she conveyed just that message to Quebec recently,5 which may have prompted that province's decision to abolish extra billing. That's a step in the right direction.

Over the last two decades, the metaphor of 'dialogue' has become a common way of characterizing the relationship between courts and legislatures under bills of rights. Following an examination of the role of 'dialogue' in debates about the Canadian Charter and the UK Human Rights Act, this article will argue that dialogue is a misleading metaphor, which we should abandon in our constitutional discourse. While it may have contributed some potential insights, its overall effect has been to distort our understanding of the relationship between courts and legislatures under bills of rights. In the scholarly debates surrounding dialogue, the lure of the metaphor obscured its limits. This article examines some of the pathologies which afflicted the debate about dialogue in comparative constitutional discourse, detailing some of the many distortions of dialogue.

The 'Genetic Non-Discrimination Act (GNDA)', passed by Parliament in 2017, seeks to protect Canadians' genetic information. The 'GNDA' establishes certain criminal prohibitions to the use of genetic information and also amends federal employment and human rights legislation to protect against genetic discrimination. However, we argue that the 'GNDA' alone is insufficient to protect Canadians given constitutional limitations on the powers of the federal government. Areas of profound importance relating to genetic discrimination are governed by the provinces and territories. We identify three key areas of provincial/territorial jurisdiction relevant to protection against genetic discrimination and outline the applicable legislative environments. We identify problems with the status quo and set out the gaps and limitations of relying solely on the 'GNDA'. We conclude that provinces and territories need to amend their human rights, employment, and insurance legislation to ensure comprehensive protection of Canadians' genetic information.

STATEMENTS MADE ON THE INTRODUCTION OF LEGISLATION / DéCLARATIONS SUR L’INTRODUCTION DE LA LéGISLATION Multilateral Instrument in Respect of Tax Conventions Act / Loi C-82: Loi sur l’instrument multilatéral relatif aux conventions fiscales An Act to Amend the Canada-Israel Free Trade Agreement Implementation Act and to Make Related Amendments to Other Acts / Loi C-85: Loi modifiant la Loi de mise en oeuvre de l’Accord de libre-échange Canada-Israël et apportant des modifications connexes à d’autres lois Indigenous Languages Act / Loi C-91: Loi sur les langues autochtones An Act Respecting First Nations, Inuit and Métis Children, Youth and Families / Loi C-92: Loi concernant les enfants, les jeunes et les familles des Premières Nations, des Inuits et des Métis Canada–United States–Mexico Agreement Implementation Act / Loi C-100: Loi de mise en œuvre de l’Accord Canada–États-Unis–Mexique An Act to Amend the Customs Tariff and the Canadian International Trade Tribunal Act / Loi C-101: Loi modifiant le Tarif des douanes et la Loi sur le Tribunal canadien du commerce extérieur STATEMENTS IN RESPONSE TO QUESTIONS / DéCLARATIONS EN RéPONSE AUX QUESTIONS ENVIRONMENT / ENVIRONNEMENT Biodiversity / Biodiversité Climate Change / Changement climatique Pollution FOREIGN AFFAIRS / AFFAIRES éTRANGèRES Israel / Israël North Atlantic Treaty Organization (NATO) / Organisation du Traité de l’Atlantique Nord (OTAN) Ukraine HUMAN RIGHTS / DROITS DE LA PERSONNE China / Chine Hong Kong Lesbian, Gay, Bisexual, Transgender, Queer, Two-Spirit (LGBTQ2) Rights / Droits des personnes lesbiennes, gaies, bisexuelles, transgenres, queer, bispirituelles (LGBTQ2) Saudi Arabia / Arabie saoudite INTERNATIONAL CRIMINAL LAW / DROIT PéNAL INTERNATIONAL War Crimes / Crimes de guerre INTERNATIONAL HUMANITARIAN LAW / DROIT INTERNATIONAL HUMANITAIRE Child Soldiers / Enfants-soldats Humanitarian Intervention and Aid / Aide et intervention humanitaire Malawi, Mozambique, and Zimbabwe / Malawi, Mozambique et Zimbabwe Mali Yemen / Yémen MIGRATION Refugees / Réfugiés TRADE AND ECONOMY / COMMERCE ET éCONOMIE Agriculture Aluminum / Aluminium Digital Economy / Économie numérique Foreign Investment / Investissements étrangers Organisation for Economic Co-operation and Development (OECD) / Organisation de coopération et de développement économiques (OCDE) Pipelines / Oléoducs Science and Research / Sciences et recherche Softwood Lumber / Bois d’œuvre résineux Steel Industry / Industrie de l’acier Supply Management / Gestion de l’offre Tourism / Tourisme Trade Agreements / Accords commerciaux Canada-European Union Comprehensive Economic and Trade Agreement (CETA) / Accord économique et commercial global entre le Canada et l’Union européenne (AÉCG) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) / Accord de partenariat transpacifique global et progressiste (PTPGP) North American Free Trade Agreement (NAFTA) / Accord de libre-échange nord-américain (ALÉNA) STATEMENTS MADE ON THE INTRODUCTION OF LEGISLATION / DéCLARATIONS SUR L’INTRODUCTION DE LA LéGISLATION BILL C-82: MULTILATERAL INSTRUMENT IN RESPECT OF TAX CONVENTIONS ACT / LOI C-82: LOI SUR L’INSTRUMENT MULTILATéRAL RELATIF AUX CONVENTIONS FISCALES 1 Mr. Joël Lightbound (Parliamentary Secretary to the Minister of Finance): I am pleased to speak today about the importance of tax fairness and to join the debate on Bill C-82 [and …] to explain how the bill would become an important new tool in the government’s arsenal to combat aggressive international tax avoidance. The government’s previous budget, in 2018, enhanced the income tax reporting requirements for trusts so that beneficial ownership information would be more available and accessible. Data of this kind helps Canadian authorities act against those engaging in international tax avoidance and criminal activities, such as tax evasion. The J5 will share intelligence and criminal investigation strategies with each other and conduct joint operations in the fight against those who commit, promote and enable international tax crimes, money laundering and cybercrimes.

Background Bariatric surgery is the most effective current treatment for severe obesity. Capacity to perform surgery within Canada’s public health system is limited and potential candidates face protracted wait times. A better understanding of the gaps between demand for surgery and the capacity to provide it is required. The purpose of this study was to quantify and characterize the bariatric surgery-eligible population in Canada in comparison to surgery-ineligible subjects and surgical recipients. Methods Data from adult (age > 20) respondents of the 2007–09 nationally representative Canadian Health Measures Survey (CHMS) were analyzed to estimate the prevalence and characteristics of the surgery-eligible and ineligible populations. Federally mandated administrative healthcare data (2007–08) were used to characterize surgical recipients. Results In 2007–09, an estimated 1.5 million obese Canadian adults met eligibility criteria for bariatric surgery. 19.2 million were surgery-ineligible (3.4 million obese and 15.8 million non-obese). Surgery-eligible Canadians had a mean BMI of 40.1 kg/m 2 (95% CI 39.3 to 40.9 kg/m 2 ) and, compared to the surgery-ineligible obese population, were more likely to be female (62 vs. 44%), 40–59 years old (55 vs. 48%), less educated (43 vs. 35%), in the lowest socioeconomic tertile (41 vs. 34%), and inactive (73 vs. 59%). Self-rated mental health and quality of life were lower and comorbidity was higher in surgery-eligible respondents compared with the ineligible populations. The annual proportion of Canadians eligible for surgery that actually underwent a publicly funded bariatric surgery between 2007–09 was 0.1%. Surgical recipients (n = 847) had a mean age of 43.6 years (SD 11.1) and 82% were female. With the exception of type 2 diabetes, obesity-related comorbidity prevalence was much lower in surgical recipients compared to those eligible for surgery. Conclusions The proportion of bariatric surgery-eligible Canadians that undergo publicly funded bariatric surgery is very low. There are notable differences in sociodemographic profiles and prevalence of comorbidities between surgery-eligible subjects and surgical recipients.

This thesis critically examines the effectiveness of Canadian corporate governance in promoting stakeholder interests, particularly in addressing climate change. In Canada, there is a shift towards requiring corporate directors to consider not just profits but also the interests of stakeholders like employees, communities, and the environment. This thesis argues that Canada’s corporate law framework is structurally inadequate for such a transformation. The imbalance between the authority granted to corporate directors and the accountability mechanisms in place renders stakeholder interests legally unenforceable. By analyzing the judicial interpretation of the business judgment rule in Canada, this thesis demonstrates how this interpretation fails to create director accountability for neglecting stakeholder concerns. While the rhetoric of the Canadian judiciary is stakeholder-inclusive, Canada adopts a broad business judgment rule that offers discretion without obligation. In response, this thesis advocates for a narrower interpretation of the business judgment rule that permits substantive review of boards’ decisions on climate change, allows for identification of specific climate-oriented director duties, and holds directors accountable for omissions to make decisions on climate. Further, stakeholders cannot effectively use Canadian corporate law remedies like the derivative suit and the oppression remedy. The derivative suit requires certain thresholds to be met before an action can be admitted against the board. These thresholds are difficult to meet even for shareholders, let alone for non-shareholder stakeholders. The Canadian oppression remedy is powerful on paper, but its interpretation by the judiciary has rendered it ineffective for stakeholders. There also exist evidentiary and procedural challenges that stakeholders face when using corporate law for their interests. This thesis shows that while there is an ideological shift in Canadian corporate governance, the stakeholder-inclusive model has not been able to rise to the level of a legal requirement. Only by recalibrating the balance between director authority and director accountability can Canadian corporate governance evolve into a genuinely stakeholder-inclusive model

14. [Andrew Flinn] and Jones, \"Introduction,\" 2. foi laws can have a disproportionate effect on marginalized citizens. Steve Maynard, writing in 1991, and more recently Patrizia Gentile in 2010, have argued that the atia has made it more difficult to access lesbian/gay-related materials. Gentile even goes so far as to suggest that the \"state deploys the Act to continue the regulation of queer lives within the archives.\" Although some may see foi as a commitment to transparency, Gentile fears that it might transform the archives into a site of conflict between citizens and governments. foi laws, in essence, create an opportunity for the state to regulate, limit, and protect the information it creates. In the case of gays and lesbians, Gentile argues that the state continues to construct them as subversive (and denies queers a place in Canadian history) by using federal foi law to restrict access to rcmp records on queer organizations in the 1970s. In this way, archives become a site of conflict and regulation over a broad spectrum of marginalized peoples in Canada. Patrizia Gentile, \"Resisted Access? National Security, the Access to Information Act, and Queer(Ing) Archives,\" Archivaria 68 (2009):141-158; Steve Maynard, \"'The Burning, Wilful Evidence': Lesbian/Gay History and Archival Research,\" Archivaria 33 (1991/2): 195-201. When the records do arrive, they are often heavily redacted. For my Olympics project, at least 20 per cent of the documents were withheld, and many more were filled with redactions. Unfortunately, the privacy commissioner rejected all my appeals. The situation, however, changed in 2012. A reporter working with the Canadian Press, Jim Bronskill, had submitted a request under the atia in 2005 for rcmp records relating to Tommy Douglas. In 2007, csis released 400 pages, which was barely 30 per cent of the file. So Bronskill sued csis and lac in court.35 During the trial, Bronskill's lawyer cross-examined csis' Access to Information and Privacy Coordinator. It is evident from the deposition that there are no explicit guidelines for assessing potential harm when releasing documents. Many of the decisions are, in fact, quite arbitrary. When Nicole Jalbert, the csis Coordinator, was asked if there were any guidelines, she explained that \"you don't have to be an intelligence officer working in that milieu to know what is sensitive and what isn't ... judgment will take an individual very, very far and the more you're exposed to the milieu, the more you understand how it works, it's a very, very simple - very simple job to understand. It's a very simple world to understand in terms of the injuries, the complexities and the perils that are at play.\" The case highlighted widespread inconsistencies in how the lac and csis determined whether or not records should be released, as well as an institutional bias against releasing public documents.