Authors:Serena Cheong Pages: 71 - 118 Abstract: Campus security is an integral part of life on university campuses, but what they can or cannot do remains a mystery to the general public. Given their quasi police-like status on university campuses, this uncertainty is particularly concerning. This article seeks to provide some clarity on the role of campus security on university campuses by collecting publicly available information on campus security at public Canadian universities and synthesizing the data with relevant jurisprudence and legislation. Based on this analysis, this article concludes that there is a lack of judicial clarity on the powers and limitations of campus security and contends that expanding Charter applicability to public Canadian universities provides the most fulsome solution to protecting the Charter rights of university community members. PubDate: 2023-03-22 Issue No:Vol. 28 (2023)
Authors:Jon Peters Pages: 119 - 147 Abstract: In 1999, the Supreme Court of Canada’s seminal decision R v Gladue enunciated principles that recognized systemic bias and inter-generational trauma leading to the overrepresentation of Indigenous Peoples in incarcerated populations. Now, nearly a quarter century later, long- evolving efforts to meaningfully include Indigenous Peoples within colonial legal systems have focused primarily on Indigenous Peoples’ interactions with the criminal justice system. Such efforts have yet to meaningfully reconcile Indigenous legal orders with Canada’s civil justice system. This paper surveys the historical development of Canada’s judicial approaches to reconciliation, and within that context, posits applications of Gladue principles to contemporary civil litigation. PubDate: 2023-03-22 Issue No:Vol. 28 (2023)
Authors:Garima Karia Pages: 148 - 170 Abstract: This paper is about legislative definitions and drafting. I will explore if and how a thoughtfully drafted legislative definition of a broad concept in the law, as well as the defining process itself, may be tools for increasing access to justice, specifically in the administrative law context. Given that access to justice strengthens the public’s confidence in the administrative justice system (through transparency, predictability, the use of plain language, and the availability of meaningful due process, among other factors), its betterment will reinforce the rule of law. While this paper begins by discussing far-reaching processes and big concepts, I narrow my analysis to focus specifically on section 12 of the Yukon Human Rights Act, which concerns systemic discrimination and its operability in the Yukon territory. I discuss whether and how re-drafting this provision may occur through an expanded capabilities approach, inspired by Amartya Sen, and complemented by the theoretical ideas of standpoint theory and legal empowerment. The Yukon case study’s teachings and provocations may apply to other situations within Canadian administrative law and beyond. Although there is literature on the place of legislative drafting within the wider Western liberal democratic framework, as well as some separate, limited commentary on the intersection of administrative law and access to justice, my piece is unique in that it combines legislative drafting in the administrative context with considerations of access to justice and the rule of law in a novel way. PubDate: 2023-03-22 Issue No:Vol. 28 (2023)
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