Bowles Margaret E (author); Doug King (thesis advisor)
Date issued
2019
Description
The Principles of Fundamental Justice ascribed under section 7 of the Charter of Rights and Freedoms are a commonly misunderstood and an ambiguous area of Canadian law. Within the Canadian context, the Supreme Court’s interpretations of these principles give them incredible weight and significance, while giving little definition or explanation. Drawing on case law from the Supreme Court of Canada, this thesis examines the Supreme Court’s interpretation of substantive principles of fundamental justice for the purpose of evaluating their importance and use within Canadian law. The Court is reluctant to provide precise definitions of these principles for the purpose of increased interpretive...
Millis Spencer (author); Doug King (thesis advisor)
Date issued
2019
Description
In Canada, the sale of sex for money was not illegal under the former legislative structure. Regardless, the laws making up that structure were challenged for constitutionality in two cases and were heard by the Supreme Court of Canada. Two vastly different decisions were delivered in the 1990 Prostitution Reference and Bedford decisions, with the latter case repealing the old sex work laws. The Canadian government drafted new laws in response to the repealed laws. Evidence suggests that the new model of sex work regulation is harmful and does little to address the constitutional defects identified in the Bedford decision. This legislative approach comes from the adoption of perspectives...