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Blogs about: S21 Liberty

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Wrapping up 2008

Jeremy Gans wrote 11 months ago: To date, I’ve covered 47 cases that mentioned the Charter in 2008. There’s another two t … more →

Tags: s32: interpretation mandate, s25: trial guarantees, s15: expression, s 8: equality, s13: privacy, s17: families

Nettle's Charter dodge6 comments

Jeremy Gans wrote 11 months ago: When I went and watched part of the hearing that led to R J E v Secretary to the Department of Justi … more →

Tags: s 7: limiting rights, s32: interpretation mandate

The Charter vs VGSO

Jeremy Gans wrote 11 months ago: Well, the year hasn’t ended with a bang, but there’ve been heaps of Charter whimpers, ev … more →

Tags: s 4: public authorities, s15: expression, s20: property, s38: conduct mandate, s39: remedies

Taxi driver redux

Jeremy Gans wrote 1 year ago: Sophie Delaney and Vivienne Topp write in today’s Sunday Age on XFJ (the first mention of the … more →

Tags: s15: expression, s 8: equality, s20: property, s24: fair hearing, s12: movement, s13: privacy, s17: families

The Supreme Court vs the Charter

Jeremy Gans wrote 1 year ago: Ever since Bongiorno J brought down his decision in Gray v DPP [2008] VSC 4, applying the Charter fo … more →

Tags: s32: interpretation mandate, s 1: purpose

The right not to be hurt2 comments

Jeremy Gans wrote 1 year ago: A tiny Supreme Court judgment from a month back has appeared on Austlii. Daniels v Bayside Health [2 … more →

Tags: s10: degrading treatment, s 7: limiting rights, s24: fair hearing, s35: notice, s 9: life

More on the sex offenders' challenge

Jeremy Gans wrote 1 year ago: I happened to be in the legal precinct today and dropped by to listen in at the sex offenders’ … more →

Tags: s12: movement, s24: fair hearing, s25: trial guarantees, s26: double jeopardy, s27: retrospectivity, s32: interpretation mandate, s36: court declarations

The sex offenders' challenge

Jeremy Gans wrote 1 year ago: My guess last post was right. (Of course, presumably the whole legal community knew this, but not me … more →

Tags: s 7: limiting rights, s10: degrading treatment, s12: movement, s13: privacy, s14: beliefs, s15: expression, s16: peaceful assembly, s24: fair hearing, s25: trial guarantees

The right to bite

Jeremy Gans wrote 1 year ago: Friday’s other Charter case – or, more exactly, other passing mention of a possible futu … more →

Tags: s32: interpretation mandate, s 8: equality

The Charter's complex war on terror

Jeremy Gans wrote 1 year ago: Re Kent [2008] VSC 431 is the first Supreme Court Charter bail case since Kelly Gray became the firs … more →

Tags: s25: trial guarantees, s32: interpretation mandate, s35: notice, s49: transititional

The Charter and risk assessment

Jeremy Gans wrote 1 year ago: A second case on the interaction of two major Victorian statutes of 2006, the Charter and the Disabi … more →

Tags: s38: conduct mandate, s32: interpretation mandate, s 7: limiting rights, s 8: equality, s12: movement, s26: double jeopardy

Playing the Charter card

Jeremy Gans wrote 1 year ago: One of the interesting bits of human rights law that is implicit in Part 2 of the Charter is the law … more →

Tags: s25: trial guarantees

The Charter vs DNA labs

Jeremy Gans wrote 1 year ago: Today brings this shocking, disappointing but unsurprising news: Police have dropped murder charges … more →

Tags: s13: privacy

A judgment at last!

Jeremy Gans wrote 1 year ago: Many thanks to Phil Lynch at HRLRC for forwarding me a judgment of the Mental Health Review Board, b … more →

Tags: s49: transititional, s32: interpretation mandate, s 4: public authorities, s10: degrading treatment, s 7: limiting rights, s24: fair hearing, s 6: application, s13: privacy

The right to party!

Jeremy Gans wrote 1 year ago: The prosecution of a nameless teen, where every development in an otherwise mundane case is carefull … more →

Tags: s38: conduct mandate, s32: interpretation mandate, s15: expression, s17: families

The right to release

Jeremy Gans wrote 1 year ago: The more I look into the law on parole and human rights, the clearer it becomes to me (until more th … more →

The price of powerful parole boards

Jeremy Gans wrote 1 year ago: Yesterday’s decision by Justice Harper to grant leave to Robin Fletcher (referred to in the ne … more →

Tags: s38: conduct mandate

The Charter vs parole boards

Jeremy Gans wrote 1 year ago: I’m weeks late on a very big Victorian development. (Proves I’m not keeping tabs on the … more →

Tags: s24: fair hearing, s25: trial guarantees, s38: conduct mandate

The rights of gambling lords, child-beaters and rapists

Jeremy Gans wrote 1 year ago: …or, to put it another way, the rights of property owners, parents and people who have paid th … more →

Tags: s30: SARC, s20: property, s14: beliefs


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