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 →
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 →
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 →
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 →
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 →
Author: Michael Jackson Abstract For over forty years, Michael Jackson has acted as an impassioned advocate for prisoners’ rights. This article focuses on the author’s experience as a vocal critic of the practice of solitary confinement in Canada’s maximum-security penitentiaries…. Continue Reading →
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