DOCSLIB.ORG

Journal of Law & Equality

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Journal of Law & Equality University of Toronto Journal of Law & Equality VOLUME 16 EDITORIAL BOARD & STAFF Editors-in-Chief Angela Hou Amitpal Singh Senior Editors Maria Alexiou Mashoka Maimona Ahmed Elahi Robert Nanni Olivia Eng Samantha Pajak Michelle Huang Sonia Patel Jenna Kara Madeline Stewart Richard Kennedy Juela Xhaferraj Daniel Korman Anju Xing Tessa Latowsky Lucas Youmans Faculty Advisor Denise Réaume Administrative Assistant Vanessa Zhang Copy Editor Stacy Belden Associate Editors Temitope Ajibode Kayly Machado Natalie Chan Nicole Nowoselski Leora Chapman Flint Patterson Vivien Cheng Haleigh Ryan Christopher Cook Alannah Safnuk Jaime Corbett Lien Shi Jenna D’Aurizio Seema Sidhu Maija Fiorante Aryaman Vaideeswaran Kirsten Hart Chandrasekar Ventakaraman Katie Lawless Natasha Williams Advisory Board The Hon. Claire L’Heureux-Dubé Will Kymlicka The Hon. Robert J. Sharpe David Lepofsky The Hon. Lynn Smith Bruce Porter Joe Arvay Cynthia Petersen Bill Black Jim Phillips Gwen Brodsky Sophia Moreau Brenda Cossman Ayelet Shachar Shelagh Day Martha Shaffer Mary Eberts Colleen Sheppard Martha Jackman Jean Teillet University of Toronto Journal of Law & Equality The Journal of Law & Equality (JLE) is published annually. The JLE accepts submissions on a rolling basis, generally issuing one call for submissions in the Fall and another in the Winter. Submissions: Submissions to the Journal of Law & Equality must be in electronic format. The preferred electronic format is Microsoft Word. The JLE’s student staff will review all submissions, and those that continue to be considered for publication are passed on for anonymous peer review. The JLE cannot guarantee publication of any article submitted. If the author has submitted his or her paper for review by another journal, the author must indicate this upon submission to the JLE. Style: All articles submitted must use footnotes (endnotes are not acceptable) and must conform to the most recent edition of the Canadian Guide to Uniform Legal Citation (a.k.a., the McGill Guide). Canadian spellings are used in accordance with the Oxford Canadian Dictionary. Submissions should be made via our online system, Journal Production Services, at <jps.library.utoronto.ca/index.php/utjle/index>. All email communications relating to submissions, editorial content, and other inquiries should be addressed to [email protected]. Citation: (2020) 16 JL & Equality University of Toronto Journal of Law & Equality VOLUME 16 – SUMMER 2020 Editors’ Note i Amitpal Singh and Angela Hou ARTICLES Attesting to Fundamental Human Rights: The Backlash 1 to the Active Promotion of Equality in Canada Daphne Gilbert How (Not) to Interpret Moore and Meiorin: Using Two 37 Recent Arbitral Awards to Point the Way Maryam Shahid Ethno-racial Legal Clinics and the Praxis of Critical Race 69 Theory in Canada Vincent Wong Parental Undocumented Status as an Analogous Ground of 93 Discrimination Tiran Rahimian Editors’ Note The events of the last few months have reminded us of the law’s intimate and often Janus-faced relationship with equality. Public demonstrations across the world have made plain the urgent need for decisive change in our societies and our legal systems. Careful, incisive legal scholarship has an important role to play in our collective understanding of the evolving relationship between law and equality. In this issue of the Journal of Law & Equality, our authors marshal theoretical insights, legal analysis of public policy issues, and doctrinal arguments to further that understanding. We hope that our readers find this issue as timely and impactful as we do. Daphne Gilbert’s paper, “Attesting to Fundamental Human Rights: The Backlash to the Active Promotion of Equality in Canada,” considers the federal government’s 2018 initiative requiring applicants to its popular Canada Student Jobs program to attest that the funded position would not perform work that actively undermined equality rights, including reproductive rights. Despite challenges that the initiative violated religious freedom, state neutrality, and free expression, Gilbert argues that the program should survive Charter scrutiny. Gilbert contends that the attestation only requires applicants to acknowledge the existing state of reproductive rights law in Canada; however, it does not require any endorsement of the existing law. She concludes that the attestation is a useful and instructive example of how the government can actively incorporate human rights protections in all of its policies. In “How (Not) to Interpret Moore and Meiorin: Two Recent Arbitral Awards Point the Way,” Maryam Shahid considers two recent awards concerning nurses terminated from their employment because of drug addiction. She lauds these decisions for resisting two common, but problematic, lines of argument. First, respondents often point to theft or use of narcotics at work, rather than to addiction itself, as the reason for termination. Accepting such reasoning, Shahid argues, would be tantamount to requiring complainants to prove a discriminatory intention. Second, the respondents in both cases attempted to offer rigid, overstated workplace goals, at the bona fide occupational requirement (BFOR) stage of the analysis. Using the freedom to choose their own legitimate workplace goals, respondents may characterize these goals in such a way as to allow them to improperly bypass the later stages of the BFOR analysis, particularly the viability of individual accommodation. Shahid concludes by proposing a simpler, clearer two-part BFOR test that remedies the current test’s shortcomings. ii EDITORS’ NOTE VOL. 16 Vincent Wong’s article, “Ethno-racial Legal Clinics and the Praxis of Critical Race Theory in Canada” uses critical race theory (CRT) to examine the development and current practice of Ontario’s ethno-racial legal clinics. Wong builds on Amna A. Akbar’s “Toward a Radical Imagination of the Law” to interrogate how law, capitalism, and the state operate in tandem to produce structural inequality. Wong argues that CRT offers a robust theoretical framework to advance racial justice, as demonstrated by the ethno-racial clinics themselves. Second, Wong shows through the epistemology of “looking to the bottom” that ethno-racial clinics provide a useful vehicle to understand structural racism. The article highlights the potential of Ontario’s ethno-racial legal clinics to transform the traditional client-centric approach to law to one that builds community power and facilitates social change, despite the institutional and bureaucratic pressures pulling their practice of law back to the traditional paradigm. In “Parental Undocumented Status as an Analogous Ground of Discrimination,” Tiran Rahimian looks into the tendency to make Canadian- born children’s eligibility for government social and health services dependent on their parents’ immigration status. Rahimian argues that parental undocumented status can and should be recognized as an analogous ground of discrimination under section 15 of the Canadian Charter of Rights and Freedoms. Distinctions between Canadian-born children based on parental “undocumentedness,” argues Rahimian, perpetuates arbitrary disadvantages with long-term developmental repercussions, inseparable from stereotypes of “anchor babies” as social “parasites” that drain public resources and unjustly benefit from their parents’ “illegal” presence. Rahimian takes stock of recent developments in the section 15 jurisprudence, noting a shift towards a purposive and relational disadvantage-focused inquiry rather than a rigid immutability standard, a trend that is well suited to recognizing distinctions based on parental undocumented status as discriminatory. We wish to thank the many people who made this issue possible, including our excellent team of senior and associate editors, our anonymous peer reviewers, and the support staff at the University of Toronto. We give special thanks to Denise Réaume, our faculty advisor, for her invaluable guidance. Finally, we offer our gratitude to our authors for choosing the Journal of Law & Equality as the venue for their research. Amitpal Singh and Angela Hou Editors-in-Chief Journal of Law & Equality, Volume 16 Attesting to Fundamental Human Rights: The Backlash to the Active Promotion of Equality in Canada Daphne Gilbert∗ ABSTRACT This article defends a 2018 federal government initiative requiring applicants to its popular Canada Student Jobs program to attest that the funded position would not perform work that actively undermined equality rights, including reproductive rights. Anti-choice groups, churches, and some small business owners protested that this attestation requirement violated Charter rights to freedom of religion and expression. Litigation to challenge the constitutionality of the attestation is underway. Opponents accused the government of requiring a “values test” in what should otherwise be a routine job grants program. The author argues that the attestation does not interfere with expression. It does not require applicants to affirm a belief in anything they reject; it merely requires confirmation of acknowledgement of the existing state of the law. Moreover, the attestation is a laudable example of the positive promotion of Charter rights and values. The author concludes that the government should be encouraged to actively incorporate human rights protections in all of its programs and policies. I. INTRODUCTION In 2018, the federal government added a box that needed to be checked by applicants to its popular Canada Student
Load more

Recommended publications
  • Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015 Christopher Manfredi Mcgill University
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by York University, Osgoode Hall Law School Osgoode Hall Law Journal Article 6 Volume 52, Issue 3 (Summer 2015) Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015 Christopher Manfredi McGill University Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ohlj Part of the Law Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Manfredi, Christopher. "Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015." Osgoode Hall Law Journal 52.3 (2015) : 951-984. http://digitalcommons.osgoode.yorku.ca/ohlj/vol52/iss3/6 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Conservatives, the Supreme Court of Canada, and the Constitution: Judicial-Government Relations, 2006–2015 Abstract Three high-profile government losses in the Supreme Court of Canada in late 2013 and early 2014, combined with the government’s response to those losses, generated a narrative of an especially fractious relationship between Stephen Harper’s Conservative government and the Court. This article analyzes this narrative more rigorously by going beyond a mere tallying of government wins and losses in the Court. Specifically, it examines Charter-based invalidations of federal legislation since 2006, three critical reference opinions rendered at the government’s own request, and two key judgments delivered in the spring of 2015 concerning Aboriginal rights and the elimination of the long-gun registry.
    [Show full text]
  • Gladue Principles User Guide for Gladue Report Writers
    TheGLADUE PRINCIPLES A GUIDE TO THE JURISPRUDENCE EXECUTIVE SUMMARY FOR GLADUE REPORT WRITERS BENJAMIN A. RALSTON TheGLADUE PRINCIPLES A GUIDE TO THE JURISPRUDENCE EXECUTIVE SUMMARY FOR GLADUE REPORT WRITERS PURPOSE This guide has been created as a tool to be used in conjunction with The Gladue Principles: A Guide to the Jurisprudence (“The Gladue Principles”). It provides a short summary of relevant considerations specifically for Gladue report writers tasked with collecting case-specific information in support of the court’s application of the Gladue principles. Discussion of the role of Gladue reports can be found in Chapters 10 & 11 of The Gladue Principles as well. The points summarized here are all derived from existing case law and citations are provided as endnotes for ease of reference. If more detailed discussion is provided in The Gladue Principles, pinpoint references are provided to the full-length text. Copyright 2021 © BC First Nations Published by the Indigenous Justice Council Law Centre BC First Nations Justice Council Indigenous Law Centre Suite 103, 3500 Carrington Rd. University of Saskatchewan Westbank, British Columbia 160 Law Building, 15 Campus Drive Canada V4T 3C1 Saskatoon, Saskatchewan Phone: 778.940.1520 ext 103 Canada S7N 5A6 Email: [email protected] Phone: 306.966.6189 https://bcfnjc.com/ https://indigenouslaw.usask.ca While financially supported by the Law Foundation of British Columbia, the BC First Nations Justice Council, the Indigenous Law Centre and the author, Benjamin Ralston, are solely responsible for all content. OVERVIEW This document summarizes jurisprudence in relation to the following questions: A) What are the Gladue principles that need to be applied?...........
    [Show full text]
  • Ontario Court of Justice
    ONTARIO COURT OF JUSTICE DATE: 2020-10-02 COURT FILE No.: BETWEEN: HER MAJESTY THE QUEEN — AND — Sherry Turtle, Audrey TURTLE, Loretta TURTLE, Cherilee TURTLE, Rocelyn R. MOOSE, Tracy STRANG Before Justice D. Gibson Heard on May 7, July 30, November 26, November 29, 2019, May 20, June 23, 2020 Reasons for Judgment released on October 2, 2020 Rebecca Senior ..........................................................................counsel for the Crown Daniel Guttman, Estee Garfin………………………..……….counsel for the Attorney General of Ontario – Civil Law Division – Constitutional Law Branch Jonathan Rudin…………………………………...counsel for Aboriginal Legal Services Luke Hildebrand…………………………………….counsel for Pikangikum First Nation John Bilton…………………counsel for Sherry TURTLE, Audrey TURTLE, Loretta TURTLE, Rocelyn R. Moose Karen Seeley………………………………………………………….counsel for Cherilee TURTLE, Tracy STRANG Gibson, D.: 1. Sherry Turtle, Audrey Turtle, Loretta Turtle, Cherilee Turtle, Rocelyn R Moose and Tracey Strang are all band members of the Pikangikum First Nation and each of them live, together with their young children, on the First Nation Territory of Pikangikum. 2. Each of these accused has pled guilty to a drinking and driving offense that, in their circumstances, carries with it a mandatory minimum jail sentence of not more than ninety days. — 2 — 3. The parties to these proceedings agree it would be open to each of these accused, in the normal course, to request an order of this Court allowing them to serve their sentences intermittently. Indeed, the Crown has acknowledged they would not oppose such requests. 4. The challenge for these defendants is that the Pikangikum First Nation Territory is an isolated fly in community hundreds of kilometers from the nearest district jail in the City of Kenora and it is financially and logistically prohibitive for them to travel to and from there, from weekend to weekend, at their own expense, to serve out their sentences.
    [Show full text]
  • Was Stephen Harper Really Tough on Crime? a Systems and Symbolic Action Analysis
    Was Stephen Harper Really Tough on Crime? A Systems and Symbolic Action Analysis A thesis submitted to The College of Graduate and Postdoctoral Studies In partial fulfilment of the requirements For the Degree of Doctor of Philosophy In the Department of Sociology University of Saskatchewan Saskatoon By Mark Jacob Stobbe ©Mark Jacob Stobbe, September 2018. All rights reserved. PERMISSION TO USE In presenting this thesis in partial fulfillment of the requirement for a postgraduate degree from the University of Saskatchewan, I agree that the libraries of this University may make it freely available for inspection. I further agree that permission for copying of this thesis in any manner, in whole or part, for scholarly purposes, may be granted by the professor or professors who supervised my thesis work or, in their absence, by the Head of the Department or the Dean of the College in which my thesis was done. It is understood that any copying, publication or use of this thesis or parts thereof for financial gain shall not be allowed without my written permission. It is also understood that due recognition shall be given to me and the University of Saskatchewan in any scholarly use which may be made of any material in my thesis. Request for permission to copy or use of whole or part of this thesis may be addressed to: Department of Sociology University of Saskatchewan 1019 - 9 Campus Drive Saskatoon, SK Canada S7N 5A5 OR College of Graduate and Postdoctoral Studies University of Saskatchewan Room 116 Thorvaldson Building, 110 Science Place Saskatoon SK Canada S7N 5C9 i ABSTRACT In 2006, the Hon.
    [Show full text]
  • CLOSING SUBMISSION PROVINCE of NOVA SCOTIA December 14, 2018
    NATIONAL INQUIRY INTO MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS CLOSING SUBMISSION PROVINCE OF NOVA SCOTIA December 14, 2018 ii National Inquiry into Missing and Murdered Indigenous Women and Girls Closing Submission – Province of Nova Scotia TABLE OF CONTENTS INTRODUCTION......................................................................................................................... 1 Missing and Murdered Indigenous Women and Girls in Nova Scotia: Reconciliation Through Acknowledgement and Collaboration ..................................................................... 1 BACKGROUND TO THE INQUIRY AND THE WORK OF THE NOVA SCOTIA ADVISORY COUNCIL ON THE STATUS OF WOMEN ...................................................... 2 National Roundtables on Missing and Murdered Aboriginal Women and Girls ............... 2 Addressing Violence Against Aboriginal Women and Girls - Visioning Session ................ 3 Indigenous Girls Roundtable: Peaked Cap Project ............................................................... 4 Mi’kmaw Women Leaders Network and Supports to Families and the National Inquiry 4 Nova Scotia’s Family Information Liaison Unit (FILU) and the National Inquiry ............ 6 THE NOVA SCOTIA OFFICE OF ABORIGINAL AFFAIRS AND OUR COLLABORATIVE METHOD TO DEVELOPING GOVERNANCE AND PROGRAM DELIVERY ................................................................................................................................... 7 Relationships and Reconciliation ............................................................................................
    [Show full text]
  • RED WOMEN RISING Indigenous Women Survivors in Vancouver’S Downtown Eastside
    RED WOMEN RISING Indigenous Women Survivors in Vancouver’s Downtown Eastside Carol Muree Martin and Harsha Walia We gratefully acknowledge that our work takes place on the unceded territories of the xʷməθkwəy̓əm, Skwxwú7mesh, and Səl̓ ilwətaɁɬ nations. We honour and thank the stewards of these lands and waters. Dedication This labour of love and service is dedicated to all women whose courage and kindness inspires us every day. Those whom we have lost continue to live in our hearts and will never be forgotten. RED WOMEN RISING Indigenous Women Survivors in Vancouver’s Downtown Eastside Carol Muree Martin (Nisga’a – Gitanyow) and Harsha Walia, 2019 The Union of British Columbia Indian Chiefs (UBCIC) is an organization which works collectively amongst Indigenous Nations in B.C. and acts as an advocacy body to provide a cohesive voice regionally, nationally, and internationally in support of Indigenous Nations and communities, and to promote and protect each Nation’s exercise of Sovereignty within their traditional territories. We write in support of the work of the Downtown Eastside Women’s Centre on documenting and reporting on the horrific and systemic violence faced by Indigenous women in the Downtown Eastside of Vancouver. This report is comprehensive and compelling. It is based on direct input from over a hundred Indigenous women through dozens of focus groups, and it details the narratives of Indigenous women on the layers of colonial gendered violence that they have faced since birth. DEWC is one of the few safe spaces in the DTES exclusively for self-identified women and their children, and thus uniquely positioned to author this ground- breaking report, and to ensure that its findings are acted on with the urgency that is required.
    [Show full text]
  • Mandatory Minimum Sentences in Canada
    APPEAL VOLUME 23 n 89 ARTICLE CRUEL, UNUSUAL, AND CONSTITUTIONALLY INFIRM: MANDATORY MINIMUM SENTENCES IN CANADA Sarah Chaster * CITED: (2018) 23 Appeal 89 INTRODUCTION..................................................90 I. AN OVERVIEW OF MANDATORY MINIMUM SENTENCING.........90 A. An Overview of Sentencing in Canada. ..............................91 B. The History of Mandatory Minimum Sentences .......................92 C. Academic Reaction to MMS: Social Science and Political Perceptions .......92 II. FROM SMITH TO LLOYD—CRUEL AND UNUSUAL PUNISHMENT ...95 A. Section 12 and the Reasonable Hypothetical ..........................96 B. Gross Disproportionality: A Workable Threshold? .....................100 C. Prosecutorial Discretion and Hybrid Offences ........................100 D. What Remedy?................................................102 E. Nur and Lloyd: Success and Failure.................................103 III. LEGISLATIVE EXEMPTION CLAUSES AND RESIDUAL CONSTITUTIONAL FRAILTIES ..................................105 A. Legislative Exemption Clauses ....................................105 i. General Exemption Clause....................................108 ii. Threshold of “Substantial and Compelling Circumstances” ...........109 iii. Written Reasons Requirement .................................110 B. Constitutional Challenges: Section 15 ..............................111 i. Section 15: Substantive Inequality in MMS .......................112 ii. Section 1: Deference and Dialogue .............................117 CONCLUSION ...................................................118
    [Show full text]
  • University of New Brunswick Law Journal Revue De Droit De L'université Du Nouveau-Brunswick
    University of New Brunswick Law Journal Revue de Droit de l’Université du Nouveau-Brunswick Vol. 64/Tome 64 2013 Editor-in-Chief / Rédacteur en chef Philip C. Whalen Associate Editors / Rédacteurs adjoints Andrea MacNevin Jack Masterman Andrew Moss Matthew Moulton 2013 CanLIIDocs 114 Jennie Pick Honourary Editor-in-Chief / Rédacteur en chef honoraire The Hon. G.V. La Forest Business Manager / Administratrice Daniel Boyle Faculty Advisors Prof. Anne Warner La Forest Prof. Hilary Young University of New Brunswick Law Journal Subscriptions and Back Issues Index, Volume 1 to 64 (1947 – 2013) Carswell Corporate Plaza, 2075 Kennedy Road Scarborough, Ontario, M1T 3V4 2013 CanLIIDocs 114 Subscription Price: $15.00 per volume Back Issues: $12.00 per volume Index, Vols. 1-36: $10.00 Revue de droit de l'Université du Nouveau-Brunswick Abonnements et commandes de numéros déjà parus Tomes 1 à 64 (1947 – 2013) Carswell Corporate Plaza, 2075 Kennedy Road Scarborough, Ontario, M1T 3V4 Abonnement : 15 $ / volume Numéros déjà parus : 12 $ / volume Index, Tomes 1 à 36 : 10 $ Copyright ©2013 by the University of New Brunswick Law Journal All Rights Reserved. The University of New Brunswick Law Journal grants to persons who wish to prepare non-electronic, non-profit teaching materials for use in Canadian schools the right to copy materials from this Issue for that purpose under the condition of proper attribution. Unless otherwise stated, no part of the Law Journal may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems without permission from the Editors-in-Chief. The University of New Brunswick Law Journal is available in on-line databases and reserves the right to the electronic reproduction of its contents for this purpose.
    [Show full text]
  • Criminal Justice in Northern and Remote Communities: Redressing the Substantive Inadequacies in Achieving Long-Term Justice for Indigenous Youth
    Criminal Justice in Northern and Remote Communities: Redressing the Substantive Inadequacies in Achieving Long-Term Justice for Indigenous Youth By: Alison Aho Thesis submitted to the University of Ottawa in partial fulfillment of the requirements for the Masters of Law (LL.M.) degree Faculty of Law–Graduate Studies University of Ottawa © Alison Aho, Ottawa, Canada, 2019 Abstract In spite of legislative, judicial, and governmental initiatives, Indigenous youth continue to face overrepresentation in the Canadian criminal justice system. While the Government of Canada appears to be closer than ever to accepting wide scale self-governance of Indigenous peoples, there are a number of obstacles within the proposed solutions that will continue to prevent Indigenous youth from achieving sentencing equity. This thesis asks the question, to what extent can the Youth Criminal Justice Act and supporting regulations be reformed in order to effectively “rehabilitate and reintegrate” Indigenous youth and serve the Government of Canada mandate of “reconciliation;” or, considering the colonialist underpinning of Canadian legislation, to what extent do Indigenous youth require alternative solutions to establish equitable justice? In answering this question, this thesis engages the theoretical framework of Critical Race Theory to examine existing legislation, jurisprudence, programs, and institutions geared towards creating sentencing equity for Indigenous youth in Canada, ultimately proposing recommendations for a more fair criminal justice system. ii Acknowledgements I would like to start by thanking my thesis supervisor, Professor Natasha Bakht. This thesis would not have been possible without her knowledge, support and guidance over the course of this last year. I would also like to thank my family.
    [Show full text]
  • FINAL SUBMISSIONS to the INQUIRY INTO MISSING and MURDERED INDIGENOUS WOMEN and GIRLS Congress of Aboriginal Peoples, Formerly Known As the Native Council of Canada
    FINAL SUBMISSIONS TO THE INQUIRY INTO MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS Congress of Aboriginal Peoples, formerly known As the Native Council of Canada December 14, 2018 P a g e | 1 FINAL SUBMISSIONS TO THE INQUIRY INTO MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS Congress of Aboriginal Peoples, formerly known As the Native Council of Canada I. WHERE WE’VE COME FROM: BACKGROUND AND CONTEXT......................................... 2 A. CAP HISTORY ................................................................................................................................... 2 B. CAP’S CONSTITUENCY ..................................................................................................................... 2 C. CAP AND THE CANADIAN CONSTITUTION ........................................................................................ 4 D. CAP AND THE NATIONAL INQUIRY INTO MISSING AND MURDERED INDIGENOUS WOMEN AND GIRLS ........................................................................................................................................................ 5 II. THE ROLE OF A PARTY WITH STANDING BEFORE AN INQUIRY ..................................... 5 III. WHY WE MUST ACT: LEGAL IMPERATIVES ....................................................................... 6 A. HUMAN RIGHTS – INTERNATIONAL ................................................................................................... 6 B. CANADIAN CHARTER OF RIGHTS AND FREEDOMS ..............................................................................
    [Show full text]
  • Reports to Council St. John's, NL 15-17 August 2014
    REPORTS TO COUNCIL CBA Legal Conference St. John’s, NL August 15 – 17, 2014 Reports to Council St. John’s, NL 15-17 August 2014 Reports to Council August 2014 Report of the President ................................................................................. 1 Branch Presidents’ Reports ......................................................................... 2 ALBERTA ...................................................................................................................... 3 BRITISH COLUMBIA ................................................................................................... 4 MANITOBA ................................................................................................................... 5 NEW BRUNSWICK ...................................................................................................... 7 NEWFOUNDLAND AND LABRADOR ...................................................................... 8 NORTHWEST TERRITORIES ................................................................................... 10 NOVA SCOTIA............................................................................................................ 11 NUNAVUT ................................................................................................................... 14 ONTARIO..................................................................................................................... 15 PRINCE EDWARD ISLAND ...................................................................................... 16
    [Show full text]
  • Honouring the Truth, Reconciling for the Future
    Honouring the Truth, Reconciling for the Future Summary of the Final Report of the Truth and Reconciliation Commission of Canada Honouring the Truth, Reconciling for the Future Summary of the Final Report of the Truth and Reconciliation Commission of Canada The Truth and Reconciliation Commission of Canada This report is in the public domain. Anyone may, without charge or request for permission, reproduce all or part of this report. 2015 Truth and Reconciliation Commission of Canada Website: www.trc.ca Library and Archives Canada Cataloguing in Publication Truth and Reconciliation Commission of Canada Honouring the truth, reconciling for the future : summary of the final report of the Truth and Reconciliation Commission of Canada. Issued also in French under title: Honorer la vérité, réconcilier pour l’avenir, sommaire du rapport final de la Commission de vérité et réconciliation du Canada. Electronic monograph in PDF format. Issued also in printed form. Includes bibliographical references. ISBN 978-0-660-02078-5 Cat. no.: IR4-7/2015E-PDF 1. Native peoples--Canada--Residential schools. 2. Native peoples—Canada--History. 3. Native peoples--Canada--Social conditions. 4. Native peoples—Canada--Government relations. 5. Truth and Reconciliation Commission of Canada. 6. Truth commissions--Canada. I. Title. II. Title: Summary of the final report of the Truth and Reconciliation Commission of Canada. E96.5 T78 2015 971.004’97 C2015-980024-2 Contents Preface ........................................................................................................
    [Show full text]