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What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.
In 'Feminist Trouble', Éléonore Lépinard draws on extended fieldwork with numerous women's organizations in France and Quebec. Giving voice to devout women and women of colour, Lépinard dissects hierarchies of privilege in feminist politics, grappling with Islam and Islamic veiling debates to understand how these changes have transformed contemporary feminist movements, intersectional politics, and the feminist collective subject.
Secularism: the definition of this word is as practical and urgent as income inequalities or the paths to sustainable development. In this wide-ranging analysis, Jocelyn Maclure and Charles Taylor provide a clearly reasoned, articulate account of the two main principles of secularism—equal respect, and freedom of conscience—and its two operative modes—separation of Church (or mosque or temple) and State, and State neutrality vis-à-vis religions. But more crucially, they make the powerful argument that in our ever more religiously diverse, politically interconnected world, secularism, properly understood, may offer the only path to religious and philosophical freedom. Secularism and Fr...
New forms of religious diversity have emerged that demand specific policies from the state, putting pressure on the established practices of religious governance. European societies have been a testing ground for many of these changes, but for decades Canada has been pioneering the management of diversity, thus offering interesting similarities and contrasts with the former. This book deals with the diverging routes of political secularization in Europe and Canada, the patterns of religious governance, the practices for accommodating the demands of religious minorities concerning their legal regulation, the management of public institutions, and the provision of social services.
The controversy raises challenging questions about the role of a powerful judiciary in a democracy. In Judicial Power and Canadian Democracy, a series of essays commissioned by the Institute for Research on Public Policy, some of Canada's foremost commentators - academics, politicians, and Supreme Court judges themselves - take up the debate. Some tangle over the pivotal question: should judges have the decisive say on issues involving entrenched rights that have profound implication for the policy preferences of elected bodies? Others examine related issues, including Supreme Court appointment procedures, interest group litigation, the historical roots of the notwithstanding clause, and the...
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
After the terrorist attacks of 9/11, those in London and Madrid, and the arrest of the “Toronto 18,” Canadians have changed how they think about terrorism and security. As governments respond to the potential threat of homegrown radicalism, many observers have become concerned about the impact of those security measures on the minority groups whose lives are “securitized.” In Religious Radicalization and Securitization in Canada and Beyond, Paul Bramadat and Lorne Dawson bring together contributors from a wide range of academic disciplines to examine the challenges created by both religious radicalism and the state’s and society’s response to it. This collection takes a critical ...
The question of accommodations that institutions and citizens must make to ensure social cohesion in pluralist societies is of concern to the Council of Europe. How will we live and interact together in diversity? It is becoming increasingly important to provide responses and devise innovative frameworks (in the legal sphere, in national education and training in competences and in institutional practice) which can help build a shared vision while at the same time respecting each individual. By comparing European and Canadian responses, among others, the articles featured in this volume explore this complex issue. They contribute to a major social debate and outline a vision of the future that allows us to set aside mutual suspicion and develop institutional arrangements and forms of social interaction capable of making diversity a factor for progress, well-being and social justice. They also remind us that poverty combined with stigmatisation based on identity leads to stasis, social malaise and an increase in security measures, which ultimately prevent societies from evolving through risk taking, shared responsibility, dialogue and consultation.
The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women's studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students wit...