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CCCC Attended Supreme Court of Canada Hearing on the Aga Case
Table of Contents • CCCC attended Supreme Court of Canada hearing on the Aga case CCCC attended Supreme Court of Canada hearing on the Aga case Analysis of current issues involving law, religion, and society, led by Barry W. Bussey, Director of Legal Affairs. By Barry W. Bussey CCCC (09.12.2020) - https://bit.ly/3nlGTQl - CCCC’s Director of Legal Affairs, Barry W. Bussey, represented the CCCC at the Supreme Court of Canada’s virtual hearing today (Dec 9) in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral, et al. v. Teshome Aga, (39094). CCCC was granted the opportunity to intervene in the case, and to file a brief, but was not given time for oral argument. Brief fact summary Several members of the Ethiopian Orthodox Tewahedo Church St. Mary Cathedral were on a committee that investigated a movement within the congregation. The committee reported to Archbishop Dimetros that the movement was heretical. The committee recommended action, including purging of heretics. When Archbishop Dimetros did not follow their recommendations, the committee members were robust in their opposition – to the point that they were warned of church discipline. Finally, they were suspended from membership. In response, they then sued in court. The church in return asked for summary judgment to dismiss the lawsuit. The Ontario Superior Court of Justice agreed with the church and dismissed the disgruntled members’ lawsuit, noting that the courts have no jurisdiction to hear such cases. However, the members appealed to the Ontario Court of Appeal. The Court of Appeal stated that courts could hear the case because there was a contract between the members and the church. -
Impending Developments and Transformations in International Law
The Chinese Journal of Global Governance 3 (2017) 83–159 brill.com/cjgg The Clash of Architects: Impending Developments and Transformations in International Law Joel Slawotsky IDC Herzliya, Israel [email protected] Abstract The world stands at the precipice of a transitional moment in the international law writ caused by the reasonable likelihood that new architects will be joining (and eventually supplanting) the present-day architects. Transformative geo-political and economic developments such as OBOR, the AIIB, NDB and the increasing internationalization of the Yuan all herald potentially significant changes to the existing international gover- nance architecture. “Revisionist” states with strong motivations and global ambitions, may will become international law creators as these new architects influence the eco- nomic and legal orders. International law is not static and several of the new architects’ customs and norms inherently conflict with current Western ideals. Will international law norms converge? Will Western notions gravitate towards the other spectrum in enlightened self-interest? The impact on international law norms, enforcement, human rights, sustainability, trade and investment treaties and arbitration will be far-reaching. Understanding how this potential re-orientations in power will affect international law is of critical importance. Keywords global governance architecture – international law – norms The world stands at the precipice of a transitional moment for international law affecting both the creation and enforcement of international law;1 access 1 The dispute between China and the United States over the South China Sea provides an apt illustration. See Michael Martina, Greg Torode and Ben Blanchard, China scrambles © Slawotsky, Joel, 2�17 | doi 10.1163/23525207-12340025 This is an open access article distributed under the terms of the Creative Commons Attribution- Noncommercial 3.0 Unported (CC-BY-NC 3.0) License. -
Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
Saudi Arabia Page 1 of 18
Saudi Arabia Page 1 of 18 Published on Freedom House (https://freedomhouse.org) Home > Saudi Arabia Saudi Arabia Country: Saudi Arabia Year: 2015 Status: Not Free Total Score: 73 (0 = Best, 100 = Worst) Obstacles to Access: 15 (0 = Best, 25 = Worst) Limits on Content: 24 (0 = Best, 35 = Worst) Violations of User Rights: 34 (0 = Best, 40 = Worst) Population: 30.8 million Internet Penetration: 64 percent Social Media/ICT Apps Blocked: Yes Political/Social Content Blocked: Yes Bloggers/ICT Users Arrested: Yes Press Freedom Status: Not Free Key Developments: https://freedomhouse.org/print/47723 12/8/2016 Saudi Arabia Page 2 of 18 June 2014–May 2015 • The Saudi television channel Rotana ordered Google to take down a video of the satirical YouTube show “Fitnah” on copyright grounds, after the show had used footage from Rotana to criticize its owner, Prince Waleed bin Talal. The video was later restored by YouTube (see Content Removal). • Human rights activists Waleed Abu al-Khair and Fowzan al-Harbi have had their prison sentences extended to 15 and 10 years, respectively, upon appeals by the public prosecutor (see Prosecutions and Detentions for Online Activities). • Raif Badawi, who co-founded the website Saudi Arabia Liberals, had his 10-year sentence suspended and later upheld by the Supreme Court and received the first set of 50 lashes in January. He was sentenced to a total 1,000 lashes, to be carried out in public (see Prosecutions and Detentions for Online Activities). • During a funeral for the victims of an attack by Islamic State (IS) militants on a Shiite mosque, political activist Waleed Sulais was beaten by two men who accused him of insulting them on social networks (see Intimidation and Violence). -
URGENT APPEAL the Case of Raif Badawi
URGENT APPEAL The Case of Raif Badawi To the attention of: Special Procedures, United Nations Human Rights Office of the High Commissioner May 1, 2019 Related mandates Arbitrary Detention Freedom of opinion and expression Freedom of peaceful assembly and of association Human rights defenders Torture Victims Name: Raif Badawi Type: Individual Sex: Male Date of birth: 13/01/1984 Nationality: Saudi Arabia Affiliation or activity: Human rights-related activity Submitted by Name: The Raoul Wallenberg Centre for Human Rights & The Human Rights Foundation Type: NGOs Email: [email protected] Describe the activities of the group/community, civil society or other entity: The Raoul Wallenberg Centre for Human Rights (RWCHR) is a unique international consortium of parliamentarians, scholars, jurists, human rights defenders, NGOs, and students united in the pursuit of justice, inspired by and anchored in Raoul Wallenberg’s humanitarian legacy – how one person with the compassion to care and the courage to act can confront evil, prevail, and transform history. Our Chair, the Honourable Professor Irwin Cotler, serves as Raif Badawi’s international legal counsel and has power of attorney. The Human Rights Foundation (HRF) is a nonpartisan nonprofit organization that promotes and protects human rights globally, with a focus on closed societies. HRF unites people in the common cause of defending human rights and promoting liberal democracy. Contact persons of the group/community, civil society or other entity: Irwin Cotler- Raoul -
Reforming the Supreme Court Appointment Process, 2004-2014: a 10-Year Democratic Audit 2014 Canliidocs 33319 Adam M
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 67 (2014) Article 4 Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit 2014 CanLIIDocs 33319 Adam M. Dodek Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Dodek, Adam M.. "Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 67. (2014). http://digitalcommons.osgoode.yorku.ca/sclr/vol67/iss1/4 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 The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Reforming the Supreme Court Appointment Process, 2004-2014: A 10-Year Democratic Audit* Adam M. Dodek** 2014 CanLIIDocs 33319 The way in which Justice Rothstein was appointed marks an historic change in how we appoint judges in this country. It brought unprecedented openness and accountability to the process. The hearings allowed Canadians to get to know Justice Rothstein through their members of Parliament in a way that was not previously possible.1 — The Rt. Hon. Stephen Harper, PC [J]udicial appointments … [are] a critical part of the administration of justice in Canada … This is a legacy issue, and it will live on long after those who have the temporary stewardship of this position are no longer there. -
Arab Secularism's Assisted Suicide
Arab Secularism’s Assisted Suicide A Brief History of Arab Political Discourse on Religion and the State APRIL 25, 2019 — MARK FARHA The Century Foundation | tcf.org Arab Secularism’s Assisted Suicide A Brief History of Arab Political Discourse on Religion and the State APRIL 25, 2019 — MARK FARHA Few would contest that the Arab world today is still ideological impasse. Relying on a range of Arabic primary struggling to accept, let alone institutionalize, the core pillars sources, it begins with a panoramic historical overview of of secularism and a civic state. In part, this crisis of secularism the usage of the term “madani” (meaning “civil” or “civic”) might be seen as a global phenomenon in light of the among a selection of key liberal and reformist Arab proliferation of populism tinged with communal prejudice. intellectuals, from the nineteenth century to the present.2 But while there is a global component to this problem, there The report also examines recurrent patterns in the use of are also particular regional characteristics. This report seeks “dawlah madaniyyah” as a means of either asserting or to go beyond the current crisis surrounding secularism avoiding an egalitarian, secular state in the present context as a symptom of a broader, universal failure of liberal of post-Arab-uprising states struggling with ideological and democracy and economic inequalities, and to specifically sectarian fragmentation. I explore how the concepts of the link the enfeebled state of secularism in Arab states to the civil state and citizenship have actually been used, in some region’s intellectual and political history since the nineteenth cases, to completely skirt secularism proper. -
Houses Built on Sand Ii
i Houses built on sand ii Series editors: Simon Mabon, Edward Wastnidge and May Darwich After the Arab Uprisings and the ensuing fragmentation of regime– society relations across the Middle East, identities and geopolitics have become increasingly contested, with serious implications for the ordering of political life at domestic, regional and international levels, best seen in conflicts in Syria and Yemen. The Middle East is the most militarised region in the world, where geopolitical factors remain predominant in shaping political dynamics. Another common feature of the regional landscape is the continued degeneration of communal relations as societal actors retreat into substate identities, while difference becomes increasingly violent, spilling out beyond state borders. The power of religion – and trans- state nature of religious views and linkages – thus provides the means for regional actors (such as Saudi Arabia and Iran) to exert influence over a number of groups across the region and beyond. This series provides space for the engagement with these ideas and the broader political, legal and theological factors to create space for an intellectual reimagining of socio- political life in the Middle East. Originating from the SEPAD project (www.sepad.org.uk), this series facilitates the reimagining of political ideas, identities and organisation across the Middle East, moving beyond the exclusionary and binary forms of identity to reveal the contingent factors that shape and order life across the region. iii Houses built on sand Violence, sectarianism and revolution in the Middle East Simon Mabon Manchester University Press iv Copyright © Simon Mabon 2020 The right of Simon Mabon to be identified as the author of this work has been asserted by him in accordance with the Copyright, Designs and Patents Act 1988. -
Diversifying the Bar: Lawyers Make History Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arran
■ Diversifying the bar: lawyers make history Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present Click here to download Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 1: 1797 to 1941 For each lawyer, this document offers some or all of the following information: name gender year and place of birth, and year of death where applicable year called to the bar in Ontario (and/or, until 1889, the year admitted to the courts as a solicitor; from 1889, all lawyers admitted to practice were admitted as both barristers and solicitors, and all were called to the bar) whether appointed K.C. or Q.C. name of diverse community or heritage biographical notes name of nominating person or organization if relevant sources used in preparing the biography (note: living lawyers provided or edited and approved their own biographies including the names of their community or heritage) suggestions for further reading, and photo where available. The biographies are ordered chronologically, by year called to the bar, then alphabetically by last name. To reach a particular period, click on the following links: 1941-1950, 1951-1960, 1961-1970, 1971-1980, 1981-1990, 1991-2000, 2001-. To download the biographies of lawyers called to the bar before 1941, please click Biographies of Early and Exceptional Ontario Lawyers of Diverse Communities Arranged By Year Called to the Bar, Part 2: 1941 to the Present For more information on the project, including the set of biographies arranged by diverse community rather than by year of call, please click here for the Diversifying the Bar: Lawyers Make History home page. -
Saudi Arabia
FREEDOM ON THE NET 2017 Saudi Arabia 2016 2017 Population: 32.3 million Not Not Internet Freedom Status Internet Penetration 2016 (ITU): 73.8 percent Free Free Social Media/ICT Apps Blocked: Yes Obstacles to Access (0-25) 14 14 Political/Social Content Blocked: Yes Limits on Content (0-35) 24 24 Bloggers/ICT Users Arrested: Yes Violations of User Rights (0-40) 34 34 TOTAL* (0-100) 72 72 Press Freedom 2017 Status: Not Free * 0=most free, 100=least free Key Developments: June 2016 – May 2017 • The government outlined plans to significantly increase broadband penetration by 2020 (see Availability and Ease of Access). • An online campaign to end male guardianship caught the attention of the royal court and resulted in gradual reforms (see Digital Activism). • A court increased an activist’s prison sentence for advocating for human rights online from 9 to 11 years on appeal; others were newly detained (see Prosecutions and Detentions for Online Activities). • Public institutions lost critical data in major cyberattacks, including the civil aviation authority, a chemical company, and the labor ministry (see Technical Attacks). 1 www.freedomonthenet.org Introduction FREEDOM SAUDI ARABIA ON THE NET Obstacles to Access 2017 Introduction Availability and Ease of Access Saudi internet freedom remained restricted in 2017, despite effective digital activism for women’s Restrictions on Connectivity rights. Several human rights defenders were jailed for social media posts. Saudi Arabia unveiled its monumental “Vision 2030” reform and development targets in April 2016. ICT Market The plan included measures to increase competitiveness, foreign direct investment, and non-oil government revenue by 2030.1 The government also announced a National Transformation Program in June 2016 which included several ICT specific targets to be achieved by 2020, including increasing Regulatory Bodies fixed-line broadband penetration in densely populated areas from 44 to 80 percent, and increasing wireless broadband penetration in rural areas from 12 to 70 percent. -
Gender Equality I
Gender EqualityI.,. ,!Sa*=fl q J$ * ."" &,j & ;"<$$p "" !:A"- %* BY MICHELLE FALARDEAU-RAMSAY, Q.C, Pour montrer I'Pvolution des droits a I'PgalitP, lkuteure the future." In the early years of Confederation, women utilise, h commencer par les '5fameuses"du cas Personne en faced severe discrimination under the law and were sys- 1929, la tradition chez les Canadiennes, de se seruir du tematically excluded from the judicial system. Certain systi.me judiciaire incluant les tribunaux administratifj. criminal laws, such as infanticide, applied only to women, and different punishments for crimes were meted out When I graduated from law school in the late '50s, I was depending on the sex of the offender. Family law, under one of only six women in a class of 200. I was asked at the both civil law in Quebec and common law in other parts time, on more than one occasion, whether I was studying. - of Canada, treated women entirely as dependents. For law because I wanted to marry a lawyer, a question that example, a husband's permission was necessary for a wife would be inconceivable today. The first time I appeared in to engage in business, or even to administer or sell prop- court on behalf of a client, I was asked by a colleague erty which she had owned before marriage. whether I would cry if I lost the case. And I remember one Nor could women have any influence over the laws that occasion in the Montreal courthouse when three male affected them. Women could not vote or hold public colleagues stood guard while I used the men's washroom, office, and it was not until 1897 that the first woman- because it had not occurred to anyone to put aladies' room Clara Brett Martin-was admitted to the Bar of a Cana- in the area reserved for lawyers. -
Saudi Arabia
FREEDOM ON THE NET 2016 Saudi Arabia 2015 2016 Population: 31.5 million Not Not Internet Freedom Status Internet Penetration 2015 (ITU): 70 percent Free Free Social Media/ICT Apps Blocked: Yes Obstacles to Access (0-25) 15 14 Political/Social Content Blocked: Yes Limits on Content (0-35) 24 24 Bloggers/ICT Users Arrested: Yes Violations of User Rights (0-40) 34 34 TOTAL* (0-100) 73 72 Press Freedom 2016 Status: Not Free * 0=most free, 100=least free Key Developments: June 2015 – May 2016 • Internet penetration has risen on the back higher mobile broadband subscriptions (see Availability and Ease of Access). • Authorities throttled Telegram starting in January 2016 in order to prevent users from sharing images and files over the popular messaging app (seeBlocking and Filtering). • The head of Riyadh’s Committee for the Promotion of Virtue and the Prevention of Vice was dismissed after public outrage over a video of committee members harassing a girl outside of a mall (see Digital Activism). • Abdulkareem al-Khadar, Abdelrahman al-Hamid, and Abdulaziz al-Sinedi were respec- tively sentenced to 10, 9 and 8 years in prison for online advocacy against human rights violations. Saudi’s Supreme Court upheld a harsh verdict against liberal blogger Raif Bad- awi in June 2015, who had earlier been sentenced to 10 years in prison and 1,000 public lashes (see Prosecutions and Detentions for Online Activities). • Mobile phone operators are now required to fingerprint customers when selling new SIM cards, limiting the ability of Saudis to use their phones anonymously (see Surveillance, Privacy, and Anonymity).