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UID:20251107T215744EST-0599Mheo7l@132.216.98.100
DTSTAMP:20251108T025744Z
DESCRIPTION:Each summer\, the Paul-André Crépeau Centre for Private and Com
 parative Law organizes a series of seminars to promote research of student
 s from 9IÖÆ×÷³§Ãâ·Ñ and elsewhere.  \n\nFor this presentation\, we welcome Charl
 es R. Daoust\, 9IÖÆ×÷³§Ãâ·Ñ.\n\nAbstract\n\nMy research papers tackle
 s the issue of social fact evidence in constitutional rights litigation. I
 n particular\, I assess the impact of two recent Supreme Court of Canada d
 ecisions in which the Court formulates a full-deference approach to findin
 gs of social fact by trial courts. Though the Court’s expeditious overview
  of the topic has done little to indicate its potentially far-reaching imp
 lications\, I argue that the Court’s conclusion regarding the treatment of
  social framework evidence during the appeal process will significantly af
 fect the scope of Canadian appellate courts’ authority to shape legal rule
 s and ensure their universal application. Moreover\, the neutering of appe
 llate judges’ power to independently review social facts will contribute t
 o the accelerating pace of the Canadian justice system’s growing trend tow
 ard trial-centric\, fact-based adjudication in constitutional cases. This 
 phenomenon will further undermine higher courts’ ability to fulfill their 
 obligation to honor and apply the ‘living tree’ doctrine. I contend that a
  middle ground approach to deference enabling appellate courts to incorpor
 ate their own reading of the social\, political and economic context into 
 their decisions will better serve Canadian citizens and help protect their
  rights.\n\nAttendance is open to all. For more information\, please email
  the Crépeau Centre.\n
DTSTART:20160705T163000Z
DTEND:20160705T173000Z
LOCATION:NCDH 316\, Chancellor Day Hall\, CA\, QC\, Montreal\, H3A 1W9\, 36
 44 rue Peel
SUMMARY:Appellate Review of Social Facts: How Deference to Trial Courts Thr
 eatens to Uproot the Living Tree
URL:/law/channels/event/appellate-review-social-facts-
 how-deference-trial-courts-threatens-uproot-living-tree-260686
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