Abstract: It is generally accepted that the Charter of Rights and Freedoms, and in particular its section 15 “equality rights,” will significantly affect Canadian public policy and administration. We argue that the principal change wrought by the Charter will be that judges, applying judicial methods of reasoning, will have the final say on many policy problems formerly managed exclusively by administrative institutions, applying administrative methods of reasoning. The article compares these “institutional logics” through close examination of two documents, both addressing the issue of sex discrimination in maternity benefits under the Unemployment Insurance Act (UI). The first document, obtained through the Access to Information Act, is a...
The article examines how courts apply bills of rights to administrative decisions. It adopts a compa...
The authors present an empirical review of courts’ dispositions of legal challenges to government la...
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisio...
What would the Canadian Charter of Rights and Freedoms have looked like if it had been designed for ...
This thesis examines the uncertainty in Canadian public law arising from the Supreme Court of Canada...
Although constitutional protection for rights is increasingly popular, there is little systematic re...
Competing theories regarding the development of a rights revolution in Canada have appeared in the...
The Supreme Court of Canada has vacillated in its guidance about the incorporation of the Charter i...
ii This thesis examines the uncertainty in Canadian public law arising from the Supreme Court of Can...
Competing theories regarding the development of a “rights revolution” in Canada have appeared in the...
Much of the literature on the Charter has focused on the manner in which the courts have interpreted...
This thesis explores the Doré/Loyola framework in light of the recent Supreme Court of Canada decisi...
Bien que la Charte canadienne des droits et libertés ait généré dans un premier temps surtout de la ...
This paper examines the surprising resurgence of the Bill of Rights in procedural fairness cases bef...
This thesis explores the Doré/Loyola framework in light of the recent Supreme Court of Canada decisi...
The article examines how courts apply bills of rights to administrative decisions. It adopts a compa...
The authors present an empirical review of courts’ dispositions of legal challenges to government la...
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisio...
What would the Canadian Charter of Rights and Freedoms have looked like if it had been designed for ...
This thesis examines the uncertainty in Canadian public law arising from the Supreme Court of Canada...
Although constitutional protection for rights is increasingly popular, there is little systematic re...
Competing theories regarding the development of a rights revolution in Canada have appeared in the...
The Supreme Court of Canada has vacillated in its guidance about the incorporation of the Charter i...
ii This thesis examines the uncertainty in Canadian public law arising from the Supreme Court of Can...
Competing theories regarding the development of a “rights revolution” in Canada have appeared in the...
Much of the literature on the Charter has focused on the manner in which the courts have interpreted...
This thesis explores the Doré/Loyola framework in light of the recent Supreme Court of Canada decisi...
Bien que la Charte canadienne des droits et libertés ait généré dans un premier temps surtout de la ...
This paper examines the surprising resurgence of the Bill of Rights in procedural fairness cases bef...
This thesis explores the Doré/Loyola framework in light of the recent Supreme Court of Canada decisi...
The article examines how courts apply bills of rights to administrative decisions. It adopts a compa...
The authors present an empirical review of courts’ dispositions of legal challenges to government la...
This article presents a statistical analysis of the first 352 Charter of Rights and Freedoms decisio...