Category Charter

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 →

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 →

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 →

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