WHAT'S THE HARM IN POLYGAMY? MULTICULTURAL TOLERATION AND WOMEN'S EXPERIENCE OF PLURAL MARRIAGE

2016 ◽  
Vol 31 (3) ◽  
pp. 336-353 ◽  
Author(s):  
Lisa Fishbayn Joffe
Keyword(s):  
Due Process ◽  
Religious Faith ◽  
The United States ◽  
Criminal Code ◽  
Bona Fide ◽  
The Government ◽  
Government Of Canada ◽  
14Th Amendment ◽  
Plural Marriage ◽  
Summary Judgment

The last decade has seen the publication in North America of a plethora of academic books and articles about polygamy. The most important texts on the subject, however, are two court rulings evaluating the constitutionality of criminal prohibitions against the practice of polygamy. Informed by and in dialogue with this academic discourse, these courts arrived at dramatically different conclusions. InReference re s. 293 of the Criminal Code of Canada, the Supreme Court of British Columbia determined that while Mormon fundamentalist polygamists had religious freedom rights under Section 2 of the Canadian Charter of Rights and Freedoms to practice this aspect of their bona fide religious faith, the government of Canada was justified in limiting this right under Section 1 of the Charter. Prohibiting polygamy was necessary, the court found, in order to prevent the real and substantial risk of harm that it posed to women and children.1Conversely, in the United States, a trial-level court in Utah issued a summary judgment finding that a criminal prohibition against polygamous religious marriages violated the rights to freedom of religion under the First Amendment, and due process rights guaranteed by the 14th Amendment to the US Constitution. This judgment focused on the state's duty to tolerate minority religious practices, while downplaying the potential risks of polygamy to practitioners and their children.2

PROCEEDINGS OF THE CANADIAN FRAILTY NETWORK WORKSHOP: IDENTIFYING BIOMARKERS OF FRAILTY TO SUPPORT FRAILTY RISK ASSESSMENT, DIAGNOSIS AND PROGNOSIS. TORONTO, JANUARY 15, 2018

2019 ◽  
pp. 1-11
Author(s):  
J. Muscedere ◽  
P.M. Kim ◽  
J. Afilalo ◽  
C. Balion ◽  
V.E. Baracos5 ◽  
...  
Keyword(s):  
Biological Samples ◽  
Data Access ◽  
The United States ◽  
Background Information ◽  
Afternoon Session ◽  
For Profit ◽  
Diagnosis And Prognosis ◽  
The Government ◽  
Government Of Canada ◽  
Biomarker Research

The Canadian Frailty Network (CFN), a pan-Canadian not-for-profit organization funded by the Government of Canada through the Networks of Centres of Excellence Program, is dedicated to improving the care of older Canadians living with frailty. The CFN has partnered with the Canadian Longitudinal Study on Aging (CLSA) to measure potential frailty biomarkers in biological samples (whole blood, plasma, urine) collected in over 30,000 CLSA participants. CFN hosted a workshop in Toronto on January 15 2018, bringing together experts in the field of biomarkers, aging and frailty. The overall objectives of the workshop were to start building a consensus on potential frailty biomarker domains and identify specific frailty biomarkers to be measured in the CLSA biological samples. The workshop was structured with presentations in the morning to frame the discussions for the afternoon session, which was organized as a free-flowing discussion to benefit from the expertise of the participants. Participants and speakers were from Canada, Italy, Spain, United Kingdom and the United States. Herein we provide pertinent background information, a summary of all the presentations with key figures and tables, and the distillation of the discussions. In addition, moving forward, the principles CFN will use to approach frailty biomarker research and development are outlined. Findings from the workshop are helping CFN and CLSA plan and conduct the analysis of biomarkers in the CLSA samples and which will inform a follow-up data access competition.

Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 6 Methodology in State Constitutional Rights Interpretation

2009 ◽  
Author(s):  
Williams Robert F
Keyword(s):  
United States ◽  
Due Process ◽  
The United States ◽  
State Court ◽  
Economic Regulation ◽  
Constitutional Rights ◽  
United States Supreme ◽  
State Constitutions ◽  
Federal Constitutional ◽  
14Th Amendment

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into the federal Constitution's 14th Amendment so as to be applicable to the states. United States Supreme Court interpretations of federal constitutional rights are not binding on state court interpretation of identical or similar state constitutional rights, but state court divergence under these circumstances can raise questions about its legitimacy. A number of questions arise in this context, including for example the proper sequence of arguments, which constitution's rights guarantees should be argued first by counsel, and analyzed first by the state court. The most substantial methodology issue is whether state courts should develop criteria to guide them in deciding whether to interpret identical or similar state constitutional rights to be more protective than the federal analog. The criteria approach is analyzed in some depth, utilizing examples of the use of this methodology in a number of states. The chapter criticizes the use of the criteria approach based on a number of factors that make state court enforcement of state constitutional rights different from the United States Supreme Court's enforcement of the federal bill of rights. The United States Supreme Court's interpretation of federal constitutional rights guarantees is therefore not presumptively correct for the interpretation of state constitutions. The chapter also discusses briefly several other methodological problems, including the direct right of action for money damages under state constitutions, state action, and substantive due process and economic regulation.

A Prologue to Structural Reform of the Government of Canada

1986 ◽  
Vol 19 (4) ◽  
pp. 667-678 ◽  
Author(s):  
Frederick C. Engelmann
Keyword(s):  
United States ◽  
Structural Change ◽  
Majority Rule ◽  
The United States ◽  
Structural Reform ◽  
Parliamentary Government ◽  
Majority Principle ◽  
The Government ◽  
Government Of Canada ◽  
Constitutional Changes

AbstractDespite a rash of proposals for structural change in the government of Canada, the constitutional changes of 1982 did not bring it about. There continues to be pressure for change, especially on the part of those desiring regional representation in a strengthened second chamber. The argument of the article is that only some changes, at the limit a Bundesrat-type chamber, are compatible with the majority principle on which parliamentary government is based. An elective Senate creates problems for parliamentary government in Australia and is basically incompatible with majority rule; the introduction of such a chamber may well require the adoption of something like the United States or Swiss model. A constitutional mini-convention is proposed to negotiate such a chamber, if desired, with the first ministers prior to the employment of the new amending process.

The Diversion of Waters Affecting the United States and Canada

1938 ◽  
Vol 32 (3) ◽  
pp. 488-518 ◽  
Author(s):  
James Simsarian
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Great Britain ◽  
Great Lakes ◽  
The United States ◽  
The Other ◽  
Legal Rights ◽  
Power Resources ◽  
The Government ◽  
Government Of Canada

The submission by the Government of the United States to the Government of Canada on May 28, 1938, of a rewritten draft of a Great Lakes-St. Lawrence waterway treaty brings to the forefront again the desirability of concluding a comprehensive agreement between the two Governments for a mutually advantageous utilization of the available navigation and power resources along the boundary basin. In view of the heightened interest in both the United States and Canada, a reexamination of the diplomatic correspondence between the United States and Great Britain and Canada since the end of the nineteenth century regarding the diversion of waters in the United States or in Canada which affected interests in the other country is opportune. It is of significance to note the positions taken by the United States and Great Britain and, later, Canada, in diplomatic negotiations and by significant municipal acts, as to the legal rights of the United States and Canada to the use or diversion of (1) boundary waters, (2) waters which are tributary (and entirely within the territory of one country) to boundary waters, and (3) waters of rivers flowing across the boundary. The distinction between the first situation and the second and third is an important one to observe.

scholarly journals Water and Indigenous Peoples: Canada’s Paradox

2012 ◽  
Vol 3 (3) ◽  
Author(s):  
Jerry P. White ◽  
Laura Murphy ◽  
Nicholas Spence
Keyword(s):  
Drinking Water ◽  
First Nations ◽  
Indigenous Communities ◽  
The United States ◽  
Policy Implications ◽  
Safe Drinking Water ◽  
Water Safety ◽  
Federal Jurisdiction ◽  
The Government ◽  
Government Of Canada

The condition of water safety and quality on reserve has been a growing concern in Canada. Despite a substantial amount of funding allocated toward improving water infrastructure on reserve, an alarming proportion of communities face boil and drinking water advisories. To understand why this paradox and problem persists, this article will work through the issues and nuances that have created unsafe drinking water on reserve, proposed remedies, and policy implications. To do so, the role of the Government of Canada is reviewed first because reserve land is under federal jurisdiction. Following this, the article will discuss the standpoints of the Assembly of First Nations and other Indigenous groups on the water crisis, and will draw upon focus groups within First Nations that we conducted. To contextualize the water issue on reserve in Canada, a comparison with the United States is then drawn. One of the main themes of this paper with regard to the issue of safe drinking water on reserve is how the legacy of colonization has limited community capacity. This theme is then discussed in depth by comparing Indigenous to non-Indigenous communities, looking to the social determinants of water quality, and possibilities and limitations of building sustainable development allowing for safe drinking water on reserve. To understand what processes consistently intervene in the way of sustainability of safe water in Indigenous communities, regulatory frameworks are examined, funding mechanisms are reviewed, and Aboriginal governance is discussed along with the direction that policy should take.

The Significance of the Requirement of Double Criminality in the Law of Extradition

1975 ◽  
Vol 10 (1) ◽  
pp. 51-80 ◽  
Author(s):  
S. Z. Feller
Keyword(s):  
United States ◽  
New Orleans ◽  
Federal Court ◽  
The United States ◽  
Criminal Code ◽  
District Court ◽  
Tel Aviv ◽  
The Government ◽  
Foreign Commerce ◽  
The Town

This was an appeal from a decision of the Tel-Aviv-Yafo District Court, declaring the appellant Ross to be liable to extradition on the Attorney General's petition presented at the request of the Government of the United States.The appellant had been indicted before the Federal Court of the Eastern District of Louisiana on two charges, namely, transportation of a person in interstate and foreign commerce and receiving ransom money, in contravention of, respectively, secs. 1201 and 1202, chap. 18, para. 55, of the Federal Criminal Code. It was alleged that on August 21, 1972, the said Ross, being in possession of a revolver had kidnapped the two and a half year old Diana Cando Creon from her parents' home in the town of Pueblo (Mexico); that between that date and September 12 of the same year he had taken the child across international and interstate borders, from Mexico to the United States and, within the United States, from New Orleans, Louisiana to Biloxi, Mississippi; that he had illegally detained her throughout this period for the purpose of obtaining ransom, conducting negotiations to that effect with her father; and that he eventually succeeded in obtaining, in return for her release, the sum of U.S. $ 105,000—after which the little girl was found safe and sound in a hotel in Biloxi.

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