Canadian Journal of Human Rights



Enhancing the Implementation of Human Rights Treaties in Canadian Law: The Need for a National Monitoring Body

Authors: Amissi M. Manirabona & François Crépeau Abstract In Canada, many international treaties have been ratified by the government. Nevertheless, similar to other countries with Westminster-style democratic systems, those treaties have no direct effects on domestic law. Accordingly, their explicit… Continue Reading →

Under the Influence: Discrimination Under Human Rights Legislation and Section 15 of the Charter

Author: Jennifer Koshan Abstract In this paper, I review the approaches to discrimination under human rights legislation and the Charter, considering the Supreme Court of Canada’s historical approaches through to its most recent decisions in Moore v British Columbia and… Continue Reading →

Conceptual Challenges in the Application of Discrimination Law in the Workplace

Author: Stan Lanyon Abstract The 1999 Supreme Court of Canada decision in BC v BCGEU introduced a “unified approach” to the law of discrimination, rebutting the “conventional approach” represented by a trilogy of earlier religious discrimination cases. Since 1999 the… Continue Reading →

Communicating for the Purposes of Human Rights: Sex Work and Discursive Justice in Canada

Author: Mary J. Bunch Abstract This article develops a principle of ‘discursive justice’ that combines Jürgen Habermas’ theory of the public sphere, with the understanding of epistemic violence developed by Jean Francois Lyotard and Gayatri Spivak. This concept is considered… Continue Reading →

Contesting Unmodulated Deprivation: Sauvé v Canada and the Normative Limits on Punishment

Author: Efrat Arbel Abstract Despite a pressing need for judicial guidance on the legalities of administrative segregation, Canadian courts have yet to outline clear, comprehensive principles by which to assess its deployment. While some courts have rebuked the Correctional Service… Continue Reading →

The Origins of Unlawful Prison Policies

Author: Lisa Coleen Kerr Abstract Prison administrators are granted discretionary powers to enable them to manage institutions and pursue legal and policy mandates. The use of delegated power is essential to prison management, but there can be a tenuous relationship… Continue Reading →

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