[DOWNLOAD] "Case Comment on R. V. Kapp: An Analytical Framework for Section 25 of the Charter." by McGill Law Journal * eBook PDF Kindle ePub Free

eBook details

Title: Case Comment on R. V. Kapp: An Analytical Framework for Section 25 of the Charter.
Author : McGill Law Journal
Release Date : January 22, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 280 KB

Description

There is a significant void in the jurisprudence and literature regarding section 25 of the Canadian Charter of Rights and Freedoms. Consequently, there is no settled interpretation of either when it is triggered or the specific analytical framework that should apply. In R. v. Kapp, the British Columbia Court of Appeal provides a groundbreaking analysis of section 25 that addresses both constitutional questions. The author first reviews the facts of the case, in which ten non-Aboriginal persons accused of unlawful fishing challenged regulations that restricted fishing in an area to members of licensed First Nations bands on the ground that they violated section 15 of the Charter. A majority of the British Columbia Court of Appeal dismissed the appeal, finding no infringement of section 15.