Category Canada

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 →

Law Firm Partners and the Scope of Labour Laws

Authors: Brian Langille and Pnina Alon-Shenker Abstract In this article, we argue for purposive interpretation of statutory labour laws when issues of their “scope” or “range of application” arise. While this purposive approach has been rhetorically dominant, it often fails… Continue Reading →

Tough on Terror, Short on Nuance: Identifying the Use of Force as a Basis for Excluding Resisters Seeking Refugee Status

Author: Amar Khoday Abstract The use of force has been a significant feature of many political struggles and resistance movements. The consequences for its participants may include the possibility of persecution if not death. Some will flee and seek protection… Continue Reading →

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