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- Contributor(s)
- Mneet Kaur Sidhu
- Date issued
- 2019
- Description
- This study explores the evolution of the Supreme Court of Canada’s (SCC’s) interpretation of s. 7 of the Canadian Charter of Rights and Freedoms. Considering that s. 7 of the Charter is one of the most expansive and influential portions of the purposive document, understanding the ways in which the interpretation of the section has changed throughout time, is quite valuable. The fact that even the supreme law of Canada can be understood and applied differently over time, is vital to understand. It then becomes possible to theorize and comprehend how interpretations may change in the future for s. 7, and for other portions of the Charter as well. The study begins by examining first, the...
- Type
- thesis
- Appears in collection(s)
- Undergraduate Student Research
- Contributor(s)
- Spencer Millis
- 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 The Canadian government drafted new laws in response to the repealed laws.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...
- Type
- thesis
- Appears in collection(s)
- Undergraduate Student Research
- Contributor(s)
- Margaret E Bowles
- 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...
- Type
- thesis
- Appears in collection(s)
- Undergraduate Student Research