
S1E7 - Rights and Restrictions: Democracy in the Balance
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About this listen
The constitutional framework for balancing charter rights and national security concerns including presentations of the conference panel Constitutional Democracy: Balancing Security and Civil Liberties Panel: Irwin Cotler, Errol Mendes, Patrice Garant, moderated by Nathalie Des Rosiers.
- Canadian Charter of Rights and Freedoms and the presumption of innocence.
- Errol Mendes (Law, University of Ottawa) considers the constitutional issues related to the legislation and the re-alignment of rights and liberties.
- Irwin Cotler (Law, McGill & Member of Parliament) how terrorism justifies the new legislation’s departure from the traditional due process model.
- Canada’s judicial review of the restriction of fundamental rights including the Oakes test.
- Patrice Garant (Law, University of Laval) on judicial oversight and its constitutional logic.
- Alan Leadbeater (Deputy Information Commissioner of Canada) examines the shift of power from the citizen to the state operated by recent amendments to the criminal code.
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In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.