National Security and Human Rights Concerns in Canada: a Survey of Eight Critical Issues in the Post-9/11 Environment
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Liste Finale Des Délégations Final List of Delegations Lista Final De Delegaciones
Supplément au Compte rendu provisoire (11 juin 2014) LISTE FINALE DES DÉLÉGATIONS Conférence internationale du Travail 103e session, Genève Supplement to the Provisional Record (11 June2014) FINAL LIST OF DELEGATIONS International Labour Conference 103nd Session, Geneva Suplemento de Actas Provisionales (11 de junio de 2014) LISTA FINAL DE DELEGACIONES Conferencia Internacional del Trabajo 103.a reunión, Ginebra 2014 Workers' Delegate Afghanistan Afganistán SHABRANG, Mohammad Dauod, Mr, Fisrt Deputy, National Employer Union. Minister attending the Conference AFZALI, Amena, Mrs, Minister of Labour, Social Affairs, Martyrs and Disabled (MoLSAMD). Afrique du Sud South Africa Persons accompanying the Minister Sudáfrica ZAHIDI, Abdul Qayoum, Mr, Director, Administration, MoLSAMD. Minister attending the Conference TARZI, Nanguyalai, Mr, Ambassador, Permanent OLIPHANT, Mildred Nelisiwe, Mrs, Minister of Labour. Representative, Permanent Mission, Geneva. Persons accompanying the Minister Government Delegates OLIPHANT, Matthew, Mr, Ministry of Labour. HAMRAH, Hessamuddin, Mr, Deputy Minister, HERBERT, Mkhize, Mr, Advisor to the Minister, Ministry MoLSAMD. of Labour. NIRU, Khair Mohammad, Mr, Director-General, SALUSALU, Pamella, Ms, Private Secretary, Ministry of Manpower and Labour Arrangement, MoLSAMD. Labour. PELA, Mokgadi, Mr, Director Communications, Ministry Advisers and substitute delegates of Labour. OMAR, Azizullah, Mr, Counsellor, Permanent Mission, MINTY, Abdul Samad, Mr, Ambassador, Permanent Geneva. Representative, Permanent Mission, -
Canada's Different Criminal and Constitutional Standards of Fault
Kent Roach* MIND THE GAP: CANADA’S DIFFERENT CRIMINAL AND CONSTITUTIONAL STANDARDS OF FAULT† This paper critically assesses the gap between Canada’s criminal law standards of fault articulated in the 1950s and 1970s and its constitutional standards of criminal fault articulated in the 1980s and 1990s. This gap is explained in terms of the Court’s ambivalence about subjective fault principles as manifested by its acceptance of criminal negligence. It is also explained by the Court’s unique treatment of section 7 of the Canadian Charter of Rights and Freedoms as a right that, unlike any other right in the Charter, is only subject to reasonable limitation under section 1 of the Charter in extraordinary emergency situations. The paper then suggests that the gap between crim- inal and constitutional fault standards is not sustainable and can only be closed if the Court rethinks its approach to the limitation of section 7 rights. Maintenance of the gap may erode respect for common-law presumptions of subjective fault. If this occurs, Canada’s apparently robust approach to the constitutionalization of fault will have actually diminished respect for and protection of subjective fault principles. Keywords: criminal law/Canada/fault/common law/constitutional/ fundamental justice i Introduction The Canadian experience with constitutionalization of criminal law fault principles seems at first glance to be positive and robust. Unlike in the United States, the Canadian courts have struck down felony murder and various absolute-liability provisions as inconsistent with constitutional requirements of fault.1 The Court has also gone farther than courts in Israel and Germany in constitutionalizing fault requirements,2 as well as principles that would prohibit convictions for physically3 or morally * Faculty of Law, University of Toronto † I thank the participants of the Criminal Law and Constitutionalism conference held at the University of Toronto and especially Hamish Stewart for helpful comments on an earlier draft of this article. -
FINAL VOLUME ONE JUNE 10TH.Indb
ARCHIVED - Archiving Content ARCHIVÉE - Contenu archivé Archived Content Contenu archivé Information identified as archived is provided for L’information dont il est indiqué qu’elle est archivée reference, research or recordkeeping purposes. It est fournie à des fins de référence, de recherche is not subject to the Government of Canada Web ou de tenue de documents. Elle n’est pas Standards and has not been altered or updated assujettie aux normes Web du gouvernement du since it was archived. Please contact us to request Canada et elle n’a pas été modifiée ou mise à jour a format other than those available. depuis son archivage. Pour obtenir cette information dans un autre format, veuillez communiquer avec nous. This document is archival in nature and is intended Le présent document a une valeur archivistique et for those who wish to consult archival documents fait partie des documents d’archives rendus made available from the collection of Public Safety disponibles par Sécurité publique Canada à ceux Canada. qui souhaitent consulter ces documents issus de sa collection. Some of these documents are available in only one official language. Translation, to be provided Certains de ces documents ne sont disponibles by Public Safety Canada, is available upon que dans une langue officielle. Sécurité publique request. Canada fournira une traduction sur demande. The opinions expressed in these academic studies are those of the authors; they do not necessarily represent the views of the Commissioner. ©Her Majesty the Queen in Right of Canada, represented -
A Rare View Into 1980S Top Court
A rare view into 1980s top court New book reveals frustrations, divisions among the judges on the Supreme Court By KIRK MAKIN JUSTICE REPORTER Thursday, December 4, 2003- Page A11 An unprecedented trove of memos by Supreme Court of Canada judges in the late 1980s reveals a highly pressured environment in which the court's first female judge threatened to quit while another judge was forced out after plunging into a state of depression. The internal memos -- quoted in a new book about former chief justice Brian Dickson -- provide a rare view into the inner workings of the country's top court, which showed itself to be badly divided at the time. The book portrays a weary bench, buried under a growing pile of complex cases and desperately worried about its eroding credibility. One faction complained bitterly about their colleagues' dithering and failure to come to grips with their responsibilities, according to memos seen for the first time by the authors of Brian Dickson: A Judge's Journey. The authors -- Mr. Justice Robert Sharpe of the Ontario Court of Appeal and University of Toronto law professor Kent Roach -- also interviewed many former judges and ex-clerks privy to the inner workings of the court at arguably the lowest point in its history. "The court was struggling with very difficult issues under very difficult circumstances at the time," Prof. Roach said yesterday. "It was a court that had an incredible amount on its plate and, in retrospect, we were well served by that court." The chief agitators were Mr. Justice Antonio Lamer and Madam Justice Bertha Wilson. -
20061214 Docket: IMM-98-06 Citation
Date: 20061214 Docket: IMM-98-06 Citation: 2006 FC 1503 Ottawa, Ontario, December 14, 2006 PRESENT: The Honourable Madam Justice Tremblay-Lamer BETWEEN: MOHAMMAD ZEKI MAHJOUB applicant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION and THE SOLICITOR GENERAL OF CANADA respondents REASONS FOR JUDGMENT AND JUDGMENT INTRODUCTION AND BACKGROUND FACTS [1] There have been considerable proceedings related to the present matter. In addition to the following cursory overview, Appendix A to these reasons contains a more detailed chronology of related events. [2] Mr. Mohamed Zeki Mahjoub (the applicant) is an Egyptian national who came to Canada in 1995 and was found to be a Convention refugee in October 1996. [3] Mr. Mahjoub has been in detention since the Spring of 2000, when the Solicitor General of Canada and the Minister of Citizenship and Immigration (the Ministers ) issued a security certificate qualifying Mr. Mahjoub as inadmissible under section 19 of the Immigration Act , R.S.C. 1985, c. I-2 (former Act) in effect at that time. Appendix B to these reasons sets out the relevant parts of the former Act. This opinion was based on a security intelligence report expressing the belief of the Canadian Security Intelligence Service (CSIS) that Mr. Mahjoub was a member of an inadmissible class referred to in the former Act, by virtue of CSIS’ opinion that he: • will, while in Canada, engage in, or instigate, the subversion by force of the government of Egypt • is a member of the Vanguards of Conquest (VOC), a faction of Al Jihad (AJ). The VOC is an organization that there are reasonable grounds to believe will engage in, or instigate, the subversion by force of the government of Egypt, and will engage in terrorism; • is, and was, a member of the VOC, which is an organization that there are reasonable grounds to believe is, or was, engaged in terrorism; and • has engaged in terrorism. -
Forty-Ninth Parallel Constitutionalism: How Canadians Invoke American Constitutional Traditions
FORTY-NINTH PARALLEL CONSTITUTIONALISM: HOW CANADIANS INVOKE AMERICAN CONSTITUTIONAL TRADITIONS I. INTRODUCTION While a debate over citing foreign law rages in America, Canadian constitutional discourse references the United States with frequency, familiarity, and no second thoughts. This is nothing new. After all, Canada’s original constitutional framework was in some ways a reac- tion against American constitutionalism.1 Similarly, the drafters of the Canadian Charter of Rights and Freedoms,2 passed in 1982, took care- ful account of the American Bill of Rights.3 Nevertheless, today’s burgeoning of comparative constitutionalism invites a closer and more structured look at the role America plays in Canadian constitutional discourse. As comparative constitutionalists strive for methodological discipline,4 setting out criteria for how and when foreign constitutional experience should be employed, the Cana- dian example, with its rich references to American constitutionalism, serves as a useful case study.5 This Note proposes a framework for understanding the ways in which Canadian constitutional discourse invokes American constitu- tionalism. Canadian political and legal actors, it suggests, use Ameri- can sources in three ways: as a model to follow, as an anti-model to avoid, and as a dialogical resource for reflecting on Canada’s own con- stitutional identity.6 Each of these positions, moreover, is situated ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 See PETER H. RUSSELL, CONSTITUTIONAL ODYSSEY 12 (3d ed. 2004) (“[The] basic con- stitutional assumptions [at the time of Confederation] were those of Burke and the Whig constitu- tional settlement of 1689 rather than of Locke and the American Constitution.”); id. at 23 (de- scribing how the Fathers of Confederation saw American federalism as “thoroughly flawed”). -
Economic and Social Council
UNITED NATIONS E Economic and Social Distr. GENERAL Council E/CN.4/1995/34 12 January 1995 Original: ENGLISH COMMISSION ON HUMAN RIGHTS Fiftieth session Item 10 (a) of the provisional agenda QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR: TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT Report of the Special Rapporteur, Mr. Nigel S. Rodley, submitted pursuant to Commission on Human Rights resolution 1992/32 CONTENTS Paragraphs Page Introduction ....................... 1- 4 4 I. MANDATE AND METHODS OF WORK ............ 5- 24 6 II. INFORMATION REVIEWED BY THE SPECIAL RAPPORTEUR WITH RESPECT TO VARIOUS COUNTRIES ......... 25-921 10 Algeria ...................... 26- 27 10 Angola ....................... 28 10 Argentina ..................... 29- 41 11 Bahrain ...................... 42- 50 12 Bangladesh ..................... 51- 57 14 Belgium ...................... 58- 60 15 Bolivia ...................... 61- 65 16 Brazil ....................... 66- 73 16 Bulgaria ...................... 74- 80 18 Burundi ...................... 81 20 Cameroon ...................... 82- 86 20 Chile ....................... 87- 88 21 GE.95-10085 (E) E/CN.4/1995/34 page 2 CONTENTS (continued) Paragraphs Page China...................... 89-128 21 Colombia .................... 129-137 27 Côte d’Ivoire ................. 138 29 Croatia..................... 139-140 29 Cuba ...................... 141-149 30 Cyprus ..................... 150-153 31 Czech Republic ................. 154 32 -
Refugee Review: Re-Conceptualizing Refugees and Forced Migration in the 21St Century
Refugee Review: Re-conceptualizing Refugees and Forced Migration in the 21st Century An e-publication of the ESPMI Network www.refugeereview2.wordpress.com Volume 2, Number 1, June 2015 ESPMI NETWORK www.espminetwork.com Refugee Review: Re-conceptualizing Refugees and Forced Migration in the 21st Century Refugee Review: Re-conceptualizing Refugees and Forced Migration in the 21st Century An e-publication of the ESPMI Network www.refugeereview2.wordpress.com Volume 2, Number 1, June 2015 The Emerging Scholars and Practitioners on Migration Issues Network (ESPMI Network) can be found online at www.espminetwork.com. The opinions and statements found in Refugee Review: Re-conceptualizing Refugees and Forced Migration in the 21st Century are solely those of the authors and do not represent the views of the ESPMI Network or its editors, peer reviewers, supporters, or other participating contributors. This material is protected through a Creative Commons copyright, Attribution Non Commercial No Derivs 3.0 Unported license. Please contact [email protected] with questions. To reference work within this e-journal, please use the following attribution style (or a standardized variation that includes the following information): Author, “Article Title,” Refugee Review: Re- conceptualizing Refugees and Forced Migration in the 21st Century, Vol 2, No 1(2015): Page Number, accessed date, url. Please note that papers are printed in the dialectical preference of their author; American, British and Canadian English are present. Cover Image: ©Poppy -
HUMAN RIGHTS: a FRAMEWORK to RESPOND to VIOLENCE AGAINST ABORIGINAL WOMEN and GIRLS Lara Koerner Yeo, 1L
Rights Review The International Human Rights Program (IHRP) at the University of Toronto Faculty of Law (Photo credit: Loretta Saunders, Creative Commons) HUMAN RIGHTS: A FRAMEWORK TO RESPOND TO VIOLENCE AGAINST ABORIGINAL WOMEN AND GIRLS Lara Koerner Yeo, 1L Lara was a research assistant in the Women’s Rights Division of Human Rights Watch and currently works with the Canadian Feminist Alliance for International Action. In Canada, Aboriginal women and girls are more likely to be murdered than any other female demographic, and the rate of their disappearance is overrepresented among missing women. State failure to respond to such disproportionate violence against Aboriginal women and girls has led to one of the most egregious human rights crises in Canada’s modern time. Canada has ratified core international human rights treaties, including theInternational Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination, which oblige states to meet comprehensive human rights standards. By ratifying these treaties, Canada is positively obliged to exercise due diligence in preventing, investigating, prosecuting, and punishing acts of violence THIS ISSUE perpetrated by non-state actors against anyone who lives in Canada, including Aboriginal women and girls. Corporate Accountability pg 4 Women’s and human rights organizations in Canada have championed the human Detention pg 5 rights framework in calling for improved state and police response to violence Expression pg 9 against Aboriginal women and girls. The Canadian Feminist Alliance for International Action (FAFIA) and Native Women’s Association of Canada have advocated at the Health pg 14 UN for over ten years on the issue. -
A Shared Struggle for Truth and Accountability Canada, Europe and Investigations Into the Detention and Abuse of Citizens Abroad
A Shared Struggle for Truth and Accountability Canada, Europe and investigations into the detention and abuse of citizens abroad CEPS Special Report/March 2009 Lindsay Aagaard Abstract The post-9/11 environment, in which inter-state and inter-agency cooperation has at times been preferred to the detriment of the security and rights of individuals, is a context that Canada and many European nations share. This broad survey is intended to provide those interested in government investigations into the torture and detention of their citizens abroad with food for thought. The Canadian experience reveals that there are costs associated with the involvement of state officials in the dubious treatment of citizens: costs for institutions, individuals and political parties. Furthermore, there is no doubt that investigations are an essential part of the accountability process and that setting up a process that is independent, public and effective is a significant challenge. The O’Connor and Iacobucci inquiries are important not just because of the themes we can extract from their findings – themes relating to the sharing of information, the training of officials, the provision of consular services and other issues found in the experiences of many different countries. They are also important because of the way they sought to balance the elements required for a legitimate and successful inquiry with the demands of national security confidentiality. This work was prepared as part of the EU–Canada project – The Changing Landscape of Justice and Home Affairs Cooperation in the European Union and EU–Canada Relations – funded by the European Commission, Directorate-General for External Relations, Relations with the US and Canada. -
The Charter Versus the Government╎s Crime Agenda
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 58 (2012) Article 8 The hC arter versus the Government’s Crime Agenda Kent Roach 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 Roach, Kent. "The hC arter versus the Government’s Crime Agenda." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 58. (2012). http://digitalcommons.osgoode.yorku.ca/sclr/vol58/iss1/8 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. The Charter versus the Government’s Crime Agenda Kent Roach* I. INTRODUCTION At the 25th anniversary of the Canadian Charter of Rights and Free- doms,1 I posed a “Charter reality check” and asked how relevant the Charter was to the justness of our criminal justice system. After examin- ing rates of imprisonment, pre-trial detention, imprisonment of Aborigi- nal people, crime victimization and wrongful convictions, I concluded that “Parliament deserves much of the credit or blame for the state of our criminal justice system”.2 Despite the important changes that the Charter has brought to the criminal justice system,3 the Charter played a minimal role in explaining why Canada did not move towards American-style reliance on imprisonment. What was in 2008 something of an academic exercise has taken on a new relevance and urgency in 2012, given the ability of the majority Conservative government to enact a dizzying array of new crime control measures. -
Setting the New Progressive Agenda
Setting the New Progressive Agenda June 2015 Canada 2020 is Canada’s leading, independent, progressive think-tank working to redefine the role of the federal government for a modern Canada. We produce original research, host events, and start conversations about Canada’s future. Our goal is to build a community of progressive ideas and people that will move and shape governments. Editor-in-Chief: Robert Asselin Production Manager: Alex Paterson Special Editorial & Production Guidance: canada2020.ca Dr. Don Lenihan and members of the Canada 2020 Advisory Board Canada 2020, 210 Dalhousie Street, Ottawa, ON, K1N7C8, Canada / Published in Ottawa, Canada Table of contents Introduction / 04 Skills & Higher by Tim Barber Education in Canada / 136 by Daniel Munro / Foreword by Tom Pitfield Public Policy in the 21st Century/ 08 Time for a National by Don Lenihan and Robert Asselin Infrastructure Plan for Canada / 182 by John Broadhead, Jesse Darling, and Sean Mullin / Foreword by David Dodge An Agenda for Democratic Reform / 20 by Robert Asselin / Foreword by Donald Savoie Strengthening Canadian Intelligence and Security Accountability / 220 by Wesley Wark / Foreword by Anne McLellan Rebuilding Public Trust in Government / 52 by Don Lenihan and Carolyn Bennett Privacy Protection in / Foreword by the Hon. Deb Matthews the Federal Public Service / 244 by Chantal Bernier / Foreword by Michael Geist Child Benefit Spending in Canada / 82 A Canadian Foreign by Lauren Jones, Mark Stabile, and Kevin Milligan Policy for the Future / 268 / Foreword by Jennifer Robson by Roland Paris / Foreword by Michael Kergin, Former Canadian Ambassador in the United States The Case for a Carbon Tax in Canada / 98 by Nicolas Rivers / Foreword by Tom Rand 086 Introduction This book is about engaging progressives to think about the country they want to see in 2020 and in the years ahead.