Applying the Burden of Proof and Creating Connections to Communities
DOI:
https://doi.org/10.21991/C9538KAbstract
One of the questions that lies at the heart of the Insite case is this: what kind of connections should exist between the law and the people it governs? In this short comment, I explore one of the ways this question informs the treatment of evidence and proof by focusing on the section 7 aspect of the case and the question of arbitrariness. With the goal of inviting discussion, I suggest that in cases involving the constitutional rights of marginalized individuals and communities, the concept of the “burden of proof” can provide a way to help understand what is at stake, and what criteria we might use to relate the burden of proof to values of equality and justice.Downloads
Published
Issue
Section
License
Authors who publish with Constitutional Forum constitutionnel grant the journal the right of first publication, and agree to license the work under an Attribution-NonCommercial-NoDerivs (CC BY-NC-ND) that allows others to share the work for non-commercial purposes, with an acknowledgement of the work's authorship and initial publication in this journal, as long as no changes are made to the original work. Please use this format to attribute this work to Constitutional Forum constitutionnel:
"First published as: Title of Article, Contributor, Constitutional Forum constitutionnel Volume/Issue, Copyright © [year], Publisher"