Category Canada

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 →

Reflections on 40 Years of Advocacy

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 →

Pregnancy as a “Personal Circumstance”? Miceli-Riggins and Canadian Equality Jurisprudence

Author: Mel Cousins Abstract This article examines the recent decision of the Federal Court of Appeal in Miceli-Riggins v Canada (Attorney General) as an example of the approach which Canadian courts are taking to the interpretation of section 15 of… Continue Reading →

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