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Gender discrimination in the common law of domicile and the application of the Canadian Charter of Rights and Freedoms
Download1991
A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common...
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1991
In this paper, the author discusses the use of storytelling by certain members of the Critical Legal Studies Movement (CLS). She describes the stories told by three CLS scholars and offers the thesis that the methodology and attitudinal perspective present in their narrative voices promote a...
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1991
Section 35 of the Constitution Act, 1982 recognizes the aboriginal and treaty rights of the aboriginal peoples. Section 35(2) defines \"the Aboriginal peoples of Canada\" as Indian, Inuit and Metis peoples. Although s. 35 may appear straightforward, the author points out its ambiguity. This...