Your search

"L'art idolâtre la creation autant qu'il exalte la liberte. Le droit, bien au contraire, borne et reprime. La religion, pour sa part, forge les convictions et singularise les perceptions. Voilà mises en scene la liberte d'expression, artistique, la liberte de religion, fragile, et la liberte de repression, encadree. Ce triptyque evoque à lui seul les atermoiements du droit à l'egard de nombreux phenomenes artistiques controverses à l'echelle mondiale (les caricatures de Mahomet, Les Versets sataniques , les unes de Charlie Hebdo, les spectacles de Dieudonne, la piece Golgotha Picnic. Le present ouvrage aborde les liens entre l'art et la liberte d'expression, la protection des identites religieuses par l'entremise du droit penal et les contours de l'impunite juridique reservee à la satire. La reflexion à l'oeuvre prend appui sur l'abrogation recente du crime de blaspheme par de nombreux parlements pour sonder l'ampleur desormais devolue à la protection de la liberte de religion des croyants. L'apparente liberation de la parole incarnee par l'evacuation de cette infraction agit en trompe-l'oeil. Nombreuses sont les juridictions qui constatent la resurgence de l'incrimination du blaspheme sous le couvert d'infractions autres (incitation à la haine ou à la discrimination contre les croyants, denigrement des religions, obscenite, indecence). La dissonance entre la jurisprudence de la Cour europeenne des droits de l'homme et celle de la Cour suprême du Canada renvoie à une conception divergente de la conciliation parfois requise entre liberte d'expression et liberte de religion. L'occasion est donnee de s'interroger sur l'intensite du prejudice subi par le fidele qui voit sa croyance vilipendee par un contempteur qui se reclame de la liberte d'expression ou de la liberte artistique. La presente etude dresse les lignes de partage entre la tolerance, l'outrance et l'interdit penal."--Resume de l'editeur.

Under the common law, it is widely accepted that punitive damages may be awarded in situations where a defendant’s conduct has been malicious, oppressive or abusive. An award of exemplary damages seeks to punish the defendant, acts as a deterrent to the defendant and to others from acting in this manner and expresses the outrage of the court regarding the defendant’s behavior. On the contrary, under Quebec law, the awarding of punitive damages remains exceptional in nature.

"This comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children's rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols ..." -- Provided by publisher.

Drawing on interviews with queer youth and their allies in the Toronto area, the author considers the effectiveness of safe school legislation and concludes that the current legislation is often more responsive than proactive., "Recent cases of teen suicide linked with homophobic bullying have thrust the issue of school safety into the national spotlight. In 'Don't Be So Gay!' Queers, Bullying, and Making Schools Safe, Donn Short considers the effectiveness of safe-school legislation. Drawing on interviews with queer youth and their allies in the Toronto area, Short concludes that current legislation is more responsive than proactive. Moreover, cultural influences and peer pressure may be more powerful than legislation in shaping the school environment. Exploring how students' own experiences, ideas, and definitions of safety might be translated into policy reform, this book offers a fresh perspective on a hotly debated issue." -- Publisher's description.

Québec is a distinct society because of its history, its legal system, and its values. Our analysis examines the delicate issue of the relationship between the Canadian Charter of Rights and Freedoms, the Québec Charter of Human Rights and Freedoms, and the Civil Code of Québec, the primary expression of Québec's jus commune, as noted in its Preliminary Provision. As of the nineteenth century, a doctrinal trend born of the desire to protect the integrity of the civil law system grew worried about the "disruptive" influence of the common law on the civil law and, more specifically, on the Civil Code of Lower Canada. The doctrine later expressed reluctance as to the entry of fundamental rights into Québec private law. The charters of rights were, and are sometimes still, perceived as disruptive elements, capable of distorting the Civil Code. We want to show that the influence of human rights philosophy on Québec's jus commune is not only inevitable but desirable. The Civil Code and, more broadly, Québec's jus commune, can only be enriched by respect for fundamental rights.

'As this study will show, a significant proportion of persons with disabilities, aged 15 or older, report experiencing bullying, encountering barriers and being excluded at school. Students with disabilities are lacking the institutional support, the accommodation, the funding and the programs and infrastructure required to access and benefit from the same quality of education as their fellow students. Moreover, students with disabilities are grappling with social exclusion, avoidance and bullying. These issues are the reality for both Indigenous and non-Indigenous students with disabilities alike-whether they are living in remote areas of Canada, on First Nations reserves, or in cities and urban centres across the country. The data contained in this report is the compilation of data from both the 2012 Canadian Survey on Disability as well as consultations with expert organizations from across Canada. This report is the second in a series that the Canadian Human Rights Commission (CHRC), in collaboration with

Comprehensive article-by-article analysis of the United Nations Convention on the Rights of the Child. Addresses a wide range of related issues including key interpretive questions. Contributions from specialist scholars in the field. Select bibliography at the end of each chapter directs readers to useful resources for further enquiry.

Disclaimer: This summary was generated by AI based on the content of the source document.

The Fox Knows Many Things, the Greeks said, but the hedgehog knows one big thing. In his most comprehensive work Ronald Dworkin argues that value in all its forms is one big thing: that what truth is, life means, morality requires, and justice demands are different aspects of the same large question. He develops original theories on a great variety of issues very rarely considered in the same book: moral skepticism, literary, artistic, and historical interpretation, free will, ancient moral theory, being good and living well, liberty, equality, and law among many other topics. What we think about any one of these must stand up, eventually, to any argument we find compelling about the rest. --, Skepticism in all its formsùphilosophical, cynical, or postmodernùthreatens that unity. The Galilean revolution once made the theological world of value safe for science. But the new republic gradually became a new empire: the modern philosophers inflated the methods of physics into a totalitarian theory of everything. They invaded and occupied all the honorificsùreality, truth, fact, ground, meaning, knowledge, and beingùand dictated the terms on which other bodies of thought might aspire to them, and skepticism has been the inevitable result, We need a new revolution. We must make the world of science safe for value. --Book Jacket.

In AB v. Bragg, the Supreme Court of Canada ruled that fifteen-year-old AB should be allowed to use a pseudonym in seeking an order to disclose the identity of her online attacker. By framing the case as one pitting the privacy interests of a youthful victim of sexualized online bullying against principles protecting the free press and open courts, the SCC approached but ultimately skirted the central issue of equality. Without undermining the important precedent that AB achieved for youthful targets of online sexualized bullying, the author explores the case as a missed opportunity to examine the discriminatory tropes and structural inequalities that undergird the power of this kind of bullying. Viewed through an equality lens, enhanced access to pseudonymity for targets is not necessarily about privacy per se, but rather an interim measure to respond to the equality-undermining effects of sexualized online bullying—a privacy mechanism in service of equality.

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style - with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you "using a gun" in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. - Publisher.

"This casebook provides a thorough examination of all traditional conflict-of-law issues, including jurisdiction, choice of law and enforcement of judgments."-- Provided by publisher.

Disclaimer: This summary was generated by AI based on the content of the source document.

Recent amendments have underscored punitive aspects in sentencing. This is apparent in the multiplication of mandatory minimum sentences, restriction of conditional sentences, limitation of credit for pre-sentence custody, and doubling the victim surcharge with no discretion for exemption. Apart from their specific effects, these amendments signal a reorientation of the principles and objectives of sentencing expressed in Part XXIII of the Code and in the jurisprudence that has evolved since 1996. They diminish the importance of rehabilitative and restorative aims in favour of greater retribution. As a result, they alter several principles of sentencing that remain in the Code as they were enacted in 1995 - including proportionality, individualization and totality. [PUBLICATION ABSTRACT]

Over the last century, all common law countries have experienced a movement away from a highly discretionary sentencing environment to one in which judicial discretion is more constrained. (For general discussion of structured sentencing, see chapter 6 of A. von Hirsch, A. Ashworth and J. V. Roberts (eds), Principled Sentencing: Readings on Theory and Policy (3rd edn, Oxford: Hart, 2009).) Some jurisdictions have transformed their sentencing environments by introducing relatively inflexible and tightly binding guideline schemes. Others have taken a middle ground – creating advisory guidance schemes – while a third category has resisted all attempts to structure judicial discretion. This essay describes and compares the divergent histories of two jurisdictions – Canada, and England and Wales – as they have confronted the challenge of structuring sentencing. Despite similarities in the way that sentencing is approached in the two countries they have taken remarkably divergent paths over the past 25 years – and not in the directions that might have been anticipated back in the mid 1980s. After a promising start in that decade, Canada has rejected the adoption of sentencing guidelines, and elected to retain its traditional, highly discretionary approach to sentencing. In contrast, England and Wales has slowly, but surely, adopted a comprehensive and relatively binding set of guidelines, although this outcome also seemed unlikely in 1988.

Three decades of research on public perceptions in Canada has fundamentally shifted academic and policy approaches to understanding public views of crime and punishment. The contributions of Anthony Doob and his colleagues have influenced methodology, such as the inclusion of experimental design, and have supported an underlying commitment to understanding the public's view of crime and its relationship to policy. This article examines key findings coming out of this body of research and the impact of this work on current criminal justice policy in Canada. Despite the significance of this body of work on public perceptions research, the impact on current criminal justice policy appears to be diminishing.