Full bibliography | SCC-Authors-Cited

Raz, J. (1991). Free Expression and Personal Identification. Oxford Journal of Legal Studies, 11(3), 303–324. https://heinonline.org/HOL/P?h=hein.journals/oxfjls11&i=319

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

View on heinonline.org

McCrudden, C. (2008). Human Dignity and Judicial Interpretation of Human Rights. European Journal of International Law, 19(4), 655–724. https://doi.org/10.1093/ejil/chn043

The Universal Declaration on Human Rights was pivotal in popularizing the use of ‘dignity’ or ‘human dignity’ in human rights discourse. This article argues that the use of ‘dignity’, beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. The meaning of dignity is therefore context-specific, varying significantly from jurisdiction to jurisdiction and (often) over time within particular jurisdictions. Indeed, instead of providing a basis for principled decision-making, dignity seems open to significant judicial manipulation, increasing rather than decreasing judicial discretion. That is one of its significant attractions to both judges and litigators alike. Dignity provides a convenient language for the adoption of substantive interpretations of human rights guarantees which appear to be intentionally, not just coincidentally, highly contingent on local circumstances. Despite that, however, I argue that the concept of ‘human dignity’ plays an important role in the development of human rights adjudication, not in providing an agreed content to human rights but in contributing to particular methods of human rights interpretation and adjudication.

View on doi.org

Goubau, D. (with Savard, A.-M.). (2019). Le droit des personnes physiques (6e édition.). Éditions Yvon Blais.

Canadian Human Rights Commission. (2017). Left out: Challenges Faced by Persons with Disabilities in Canada’s Schools. Canadian Human Rights Commission.

'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

Besson, S., & Kleber, E. (2019). Article 2. The Right to Non‑Discrimination”, in John Tobin, ed., *The UN Convention on the Rights of the Child: A Commentary. In J. Tobin (Ed.), The UN Convention on the rights of the child: a commentary (First edition., p. 41). University Press.

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.

Baudouin, J., Deslauriers, P., & Moore, B. (2020). La responsabilité civile, 9e édition - Volume 1 : Principes généraux (9e éd, Vol. 1). Yvon Blais.

McGill, J. (2015). Now It’s My Rights versus Yours: Equality in Tension with Religious Freedoms. Alberta Law Review, 53(3), 583–608. https://heinonline.org/HOL/P?h=hein.journals/alblr53&i=613

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

View on heinonline.org

Justice for hedgehogs. (2011). Belknap Press of Harvard University Press.

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.

Bollinger, L. C. (1988). The tolerant society: freedom of speech and extremist speech in America. Oxford University Press. (Original work published 1986)

Bailey, J. (2014). “Sexualized Online Bullying” Through an Equality Lens: Missed Opportunity in AB v. Bragg? McGill Law Journal, 59(3), 709–737. https://doi.org/10.7202/1025142ar

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.

View on www.erudit.org

Walker, J., & Khirdaji, N. (2020). Halsbury’s laws of Canada - Conflict of laws. LexisNexis.

Newly and thoroughly revised, Halsbury's Conflict of Laws (2020 Reissue) analyzes and explains the broad range of conflict questions and rules impacting Canada's 14 jurisdictions. The realities of a global marketplace and shrinking political borders mean that the application and reach of law are seldom confined to a province, a country or even a continent. The field of conflict of laws, also known as private international law, concerns the mechanisms for addressing cross-jurisdictional legal conflicts in regard to three major areas: choice of law ; choice of jurisdiction ; recognition and enforcement of foreign judgments.

Walker, J. (with Castel, J. G.). (2021). Castel & Walker Canadian conflict of laws (6th ed.). LexisNexis Butterworths. (Original work published 2005)

Scalia, A. (with Garner, B. A.). (2012). Reading law: the interpretation of legal texts. Thomson/West.

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.

Pitel, S. G. A., Blom, J., Edinger, E., Walsh, C., Saumier, G., & Walker, J. (2016). Private international law in common law Canada: cases, text and materials (Fourth edition.). Emond Publishing.

"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.

Pitel, S. G. A. (with Rafferty, N.). (2016). Conflict of laws (Second edition.). Irwin Law.

Ward v. Quebec (Commission Des Droits de La Personne et Des Droits de La Jeunesse) - 2021 SCC 43 (October 29, 2021). https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19046/index.do

View on decisions.scc-csc.ca

H.M.B. Holdings Ltd. v. Antigua and Barbuda - 2021 SCC 44 (November 4, 2021). https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19047/index.do

View on decisions.scc-csc.ca

Turner, A. K. (with Bower, G. S., & Spencer Bower, G.). (1969). The doctrine of res judicata (2nd ed. / by Sir Alexander Kingcome Turner.). Butterworths.

Vauclair, M. (with Desjardins, T.). (2020). Traité général de preuve et de procédure pénales (27e édition, 2020.). Les Éditions Thémis.

R. v. Cowan - 2021 SCC 45 (November 5, 2021). https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/19066/index.do

View on decisions.scc-csc.ca