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Legislating under the Charter
  • Language: en
  • Pages: 319

Legislating under the Charter

Legislating under the Charter explores how governments and Parliament justify limitations on rights when advancing laws that raise rights concerns or when responding to judicial decisions under the Canadian Charter of Rights and Freedoms. Through an analysis of legislation concerning criminal justice policy, the approval of new safe consumption sites, sex work, and medical assistance in dying, the book provides a detailed analysis of the extent and nature of parliamentary deliberation about rights, the extent to which government initiatives are properly scrutinized, and the broader institutional relationships under the Charter. The authors draw from a host of qualitative data, including rese...

Sex Discrimination in Uncertain Times
  • Language: en
  • Pages: 407

Sex Discrimination in Uncertain Times

  • Categories: Law
  • Type: Book
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  • Published: 2010-09-01
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  • Publisher: ANU E Press

This collection of essays arose from a conference held to mark the silver anniversary of the Australian Sex Discrimination Act (1984). The collection has two aims: first; to honour the contributions of both the spirited individuals who valiantly fought for the enactment of the legislation against the odds, and those who championed the new law once it was passed; secondly, to present a stock-take of the Act within the changed socio-political environment of the 21st century. The contributors present clear-eyed appraisals of the legislation, in addition to considering new forms of legal regulation, such as Equality Act, and the significance of a Human Rights Act. The introduction of a proactive...

The Complete Book of Funeral Planning
  • Language: en
  • Pages: 352

The Complete Book of Funeral Planning

  • Type: Book
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  • Published: 2005
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  • Publisher: Unknown

By using personal readings and music, this work shows how to plan a funeral that your loved ones would appreciate.

Constraining the Court
  • Language: en
  • Pages: 446

Constraining the Court

  • Categories: Law
  • Type: Book
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  • Published: 2024-05-01
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  • Publisher: UBC Press

When the Supreme Court of Canada makes a decision that invalidates a statute, it creates a constitutional moment. But does that have a direct and observable impact on public policy? Constraining the Court explores what happens when a statute involving a significant public policy issue – French language rights in Quebec, supervised consumption sites, abortion, or medical assistance in dying – is declared unconstitutional. James B. Kelly examines the conditions under which Parliament or provincial/territorial legislatures attempt to contain the policy impact of judicial invalidation and engage in non-compliance without invoking the notwithstanding clause. He considers the importance of the issue, the unpopularity of a judicial decision, the limited reach of a negative rights instrument such as the Charter, the context of federalism, and the mixture of public and private action behind any legislative response. While the Supreme Court’s importance cannot be denied, this rigorous analysis convincingly concludes that a judicial decision does not necessarily determine a policy outcome.

Governance of Arctic Offshore Oil and Gas
  • Language: en
  • Pages: 320

Governance of Arctic Offshore Oil and Gas

Global energy problems will remain a challenge in the coming decades. The impact of climate change and the melting of polar sea ice opening up access to offshore hydrocarbon resources in the Arctic Ocean, raises questions for both civil society and the scientific community over drilling opportunities in Arctic marine areas. Disparities in approach to the governance of oil and gas extraction in the Arctic arise from fundamental differences in histories, cultures, domestic constraints and substantive values and attitudes in the Arctic coastal states and sub-states. Differing political systems, legal traditions and societal beliefs with regard to energy security and economic development, enviro...

Beyond Pro-life and Pro-choice
  • Language: en
  • Pages: 234

Beyond Pro-life and Pro-choice

Examining the changing pluralities of contemporary abortion debate in Britain, this innovative and important book shows why it is necessary to move beyond an understanding of abortion politics as characterised in binary terms by ‘pro-choice’ versus ‘pro-life’. Amery traces the evolution of political and parliamentary discourses from the passage of the Abortion Act in the 1960s to the present day, and argues that the current provision of abortion in Britain rests on assumptions about medical authority over women’s reproductive decision-making which are unsustainable. She explores new arguments around sex-selective abortion, disability rights, pre-abortion counselling and the push for decriminalization, and radically reconceptualizes the debate to account for these new battlegrounds in abortion politics.

The Changing Voice of the Anti-Abortion Movement
  • Language: en
  • Pages: 450

The Changing Voice of the Anti-Abortion Movement

  • Categories: Law

When journalists, academics, and politicians describe the North American anti-abortion movement, they often describe a campaign that is male-dominated, aggressive, and even violent in its tactics, religious in motivation, anti-women in tone, and fetal-centric in arguments and rhetoric. Are they correct? In The Changing Voice of the Anti-Abortion Movement, Paul Saurette and Kelly Gordon suggest that the reality is far more complicated, particularly in Canada. Today, anti-abortion activism increasingly presents itself as “pro-women”: using female spokespersons, adopting medical and scientific language to claim that abortion harms women, and employing a wide range of more subtle framing and...

After Morgentaler
  • Language: en
  • Pages: 234

After Morgentaler

  • Type: Book
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  • Published: 2017-09-22
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  • Publisher: UBC Press

The landmark decision R. v. Morgentaler (1988) struck down Canada’s abortion law and is widely believed to have established a right to abortion, but its actual impact is much less decisive; and women’s access to abortion in Canada remains uneven and at risk of being curtailed. In After Morgentaler, Rachael Johnstone examines the state of abortion access in Canada today, maps its historical development since 1988, and argues that substantive access is essential to full citizenship for women. Demonstrating how access varies at the provincial level, Johnstone presents three case studies – Quebec, Ontario, and New Brunswick – to assess the role of both state and non-state actors in the creation and maintenance of, as well as restrictions on, access. This book affirms the need to recognize abortion as an issue fundamentally tied to women’s equality while stressing the continued utility of rights claims as a means to improve access.

Offshore Oil and Gas Development in the Arctic under International Law
  • Language: en
  • Pages: 345

Offshore Oil and Gas Development in the Arctic under International Law

  • Categories: Law

Offshore Oil and Gas Development in the Arctic under International Law explores the international legal framework for hydrocarbon development in the marine Arctic. It presents an assessment of the careful balance between States’ sovereign rights to their resources, their obligations to uphold the rights of Arctic inhabitants and their duty to prevent injury to other States. It examines the rights of indigenous and other Arctic populations, the precautionary approach, the environmental impact assessment and the duty to monitor offshore hydrocarbon activities. It also analyses the application of the international law of responsibility in the event that the State fails to meet its primary obligations in the absence of a State’s wrongful conduct.

Intrusive Impartiality
  • Language: en
  • Pages: 305

Intrusive Impartiality

Impartiality is a central norm in United Nations peace operations that has long been associated with passive monitoring of cease-fires and peace agreements. In the twenty-first century, however, its meaning has been stretched to allow for a range of forceful, intrusive, and ideologically prescriptive practices. In Intrusive Impartiality, Marion Laurence explains how these new ways of being "impartial" emerge, how they spread within and across missions, and how they become institutionalized across UN peace operations. In doing so, Laurence sheds light on controversial changes in peacekeeping practice and provides an innovative framework for studying authority and change in global governance.