This dissertation evaluates the impact of the Canadian Charter of Rights and Freedoms (1982) jurisprudence on Canada's cultural rights structure and cultural citizenship. In total, the dissertation analyzes 49 Supreme Court Charter decisions in the areas of minority language, multiculturalism and aboriginal issues, as well as their reception by governmental authorities. It argues that Charter-based judicial review has confirmed and pushed further the choice Canada made after the Second World War to promote a polyethnic citizenship. The dissertation also formulates three larger theoretical claims. First, that the recognition of specific cultural rights for certain groups that go beyond fundamental political and civil rights brings about posi...
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder...
This thesis uses philosophical and conceptual analysis to examine communitarian critiques of homoge...
The essay starts off by analysing the stratified and mixed nature of the Canadian system of legal so...
Within the framework of international trade liberalization which has given rise to considerable thou...
This publication is with permission of the rights owner freely accessible due to an Alliance licence...
Since the adoption of the 1982 Charter of Rights and Freedoms (Charter), the Supreme Court of Canada...
grantor: University of TorontoThis thesis explores aspects of the interplay between the le...
Fundamental rights have been traditionally understood as prohibitions of state interference with the...
The relationship between the common law of Canada and Australia and Indigenous peoples has been one ...
In this dissertation I examine whether the First Ministers' Coferences (FMCs) and political accords ...
This thesis aims at initiating dialogue between Canadian and Indian constitutional cultures. Canadia...
The Canadian Charter of Rights and Freedoms has generated not only new terrain over which discursive...
The article deals with the issue of the reflective judiciary in Canada. It especially looks at the c...
Legal scholars have long debated the impact of constitutional provisions on rights protections. Whil...
Although both the Canadian Charter and the United States Constitutions protect persons from denial o...
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder...
This thesis uses philosophical and conceptual analysis to examine communitarian critiques of homoge...
The essay starts off by analysing the stratified and mixed nature of the Canadian system of legal so...
Within the framework of international trade liberalization which has given rise to considerable thou...
This publication is with permission of the rights owner freely accessible due to an Alliance licence...
Since the adoption of the 1982 Charter of Rights and Freedoms (Charter), the Supreme Court of Canada...
grantor: University of TorontoThis thesis explores aspects of the interplay between the le...
Fundamental rights have been traditionally understood as prohibitions of state interference with the...
The relationship between the common law of Canada and Australia and Indigenous peoples has been one ...
In this dissertation I examine whether the First Ministers' Coferences (FMCs) and political accords ...
This thesis aims at initiating dialogue between Canadian and Indian constitutional cultures. Canadia...
The Canadian Charter of Rights and Freedoms has generated not only new terrain over which discursive...
The article deals with the issue of the reflective judiciary in Canada. It especially looks at the c...
Legal scholars have long debated the impact of constitutional provisions on rights protections. Whil...
Although both the Canadian Charter and the United States Constitutions protect persons from denial o...
When an Aboriginal right is asserted, questions arise about the nature of the “proper” rights-holder...
This thesis uses philosophical and conceptual analysis to examine communitarian critiques of homoge...
The essay starts off by analysing the stratified and mixed nature of the Canadian system of legal so...