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"Charter of Rights-Canada"
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The unfulfilled promise of press freedom in Canada
\"The Unfulfilled Promise of Press Freedom in Canada offers a vast array of viewpoints that critically analyze the application and interpretation of press freedom under the Charter of Rights. This collection, assiduously put together by editors Lisa Taylor and Cara-Marie O'Hagan, showcases the insights of leading authorities in law, journalism, and academia as well as broadcasters and public servants. The contributors explore the ways in which press freedom has been constrained by outside forces, like governmental interference, threats of libel suits, and financial constraints. These intersectional and multifaceted lines of inquiry provide the reader with a 360-degree assessment of press freedom in Canada while discouraging complacency among Canadian citizens. After all, an informed citizenry is a free citizenry.\"-- Provided by publisher.
Book
Democracy and the Notwithstanding Clause
This article focuses on the relationship between democracy and the notwithstanding clause in s.33 of the Canadian Charter of Rights and Freedoms. A number of scholars argue that s.33 is inherently ‘democratic’, as it is an assertion of legislative supremacy. The most influential such theory is Jeremy Waldron’s. This article offers a democracy-based critique of Waldron’s democracy-based account of the notwithstanding clause. The argument that the notwithstanding clause is necessarily ‘democratic’ ignores the constitution of the legislature through elections and the risk of self-dealing by the legislative branch, adopts an idealistic view of legislatures at odds with the reality of executive dominance and party discipline, and over-relies on the assumption that the electorate will ensure retrospective accountability for misuse of s.33. Contrary to Waldron and those who have adopted his arguments in Canada in the context of the Charter, the article argues we can be democrats and have faith in the capacities of legislators and voters while still maintaining skepticism about the uses to which the notwithstanding clause may be put. In short, s.33 is not inherently democratic. The political morality of each use of the notwithstanding clause—including whether it helps or harms democracy—must be assessed on a case-by-case basis.
Journal Article
Involuntary treatment for substance use: application of Kass’ ethical framework to Alberta’s Compassionate Intervention Act
The intervention process outlined in Alberta's Compassionate Intervention Act (CIA) -- which will allow for the involuntary admission of people who use substances, even when they have been deemed to have capacity to make decisions about their care -- lacks sufficient evidence of effectiveness and poses substantial ethical concerns. The Kass framework categorizes ethical burdens (that may accompany a public health intervention) into risks to privacy, liberty, and justice; the CIA presents risks in all 3 domains. The CIA may worsen health inequities and disproportionately target structurally marginalized populations, who may be better served by resourcing and expanding existing patient-centered, evidence-based services, including supportive housing and key community resources.
Journal Article
CITIZENSHIP IN CANADA: 'WE'RE CREATING MORE OBSTACLES THAN WE SHOULD'
In Canada, she served eight years on the Immigration and Refugee Board and held various policy roles with international humanitarian agencies focusing on development, immigration and refugee issues. REQUIREMENTS MORE DIFFICULT So the requirements to become a citizen became much more difficult. Because there's a high rate of emigration, too. The Act stipulates that the objectives of immigration are: a) to permit Canada to pursue the maximum social, cultural anc economic benefitsofimmigration; b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multicultura character of Canada; (b.l) to support and assist the development of minority official languages communities in Canada: c) to support the development of a strong and prosperous Canadian economy, in which the benefitsofimmigration are shared across all -egions of Canada; d) to see that families are reunited in Canada; e) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society; f) to support, by means of consistent standards and prompt processing, the attainment of immigration goals established by the Government of Canada in consultation with the provinces; f.l) to maintain, through the establishment of fair and efficient procedures, the integrity of the Canadian immigration system; g) to facilitate
Journal Article
The UDHR at 75: A key milestone, a point of Canadian pride - and a time for critical refl ection
The latest advocacy effort followed earlier representations by coalition members - in August, on the cusp of a cyclical UN review of Canada's human rights record - casting doubt on the country's commitment to steadfastly upholding the principles enshrined in the UDHR. Former Supreme Court of Canada justice Rosalie Silberman Abella kindly granted permission to adapt a speech she gave at the United Nations headquarters in New York in July 2023 for publication in this volume. Arguing that the rule of law is under siege in contemporary society, she expresses concern for a world in which discussions about democracy and justice are \"polluted by bombastic insensitivity, antisemitism, racism, sexism, Islamophobia, homophobia and discrimination generally.\" Dr. Stephanie Bangarth, a professor of history at Western University who specializes in the evolution of human rights in Canada, illuminates a range of human rights advances in her case study of F. Andrew Brewin (1907-1983), a Canadian lawyer, politician and activist whose concerted advocacy resulted in significant, progressive reforms in the area of labour and refugee rights.
Journal Article
Assisted deaths: Quebec passes Netherlands to lead world in number per capita
Qualifying a disease as treatment resistant is problematic when there are long waiting lists for mental health treatment, they argue. The problem is especially acute in the wake of the covid pandemic, with regular and mental health services under huge strain. Jitender Sareen, head of the University of Manitoba’s psychiatry department, told the CBC that “some of the fundamental questions of who would be eligible for MAID for mental illness have not been answered.”
Journal Article
Mandatory vaccination for health care workers: an analysis of law and policy
An effective vaccine provided to all health care workers in Canada will protect both the health workforce and patients, reducing the overall burden of COVID-19 on services and ensuring adequate personnel to minister to people's health needs through the pandemic. Provincial governments should put in place rules for mandatory vaccination of health care workers that cut across all public and private settings, and should not leave this to the discretion of individual employers. If individual employers were to require vaccination among their staff, the legality of these mandates would likely be determined via labor law that considers the \"reasonableness\" of the employer's directive, as is evident from case law related to mandatory influenza vaccination. Government mandates for the vaccination of health care workers may be challenged under the Canadian Charter of Rights and Freedoms, but these challenges, on the extant evidence, likely will not succeed if provisions are made for those who cannot receive the vaccination because of underlying health issues and for those who object to vaccination on bona fide religious or conscientious objection grounds.
Journal Article
Assisted dying around the world
Bob Roehr examines the current legal state of assisted dying in different countries and regions
Journal Article
SLIPPERY SLOPES
In 2016, laws permitting statesanctioned and doctor-assisted suicide were put in place in Canada for the terminally ill. MAID was put in place shortly after a 2015 Supreme Court ruling said that state prohibition of assisted suicide violated the Canadian Charter of Rights and Freedoms. For Christians to evaluate human life that way would be blasphemy of the deepest kind, crucifying the Lord anew (Heb. 6:6).
Journal Article