Applying the Burden of Proof and Creating Connections to Communities
Date
2011
Authors
Cochran, Patricia
Journal Title
Journal ISSN
Volume Title
Publisher
Constitutional Forum Constitutionnel
Abstract
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.
Description
The footer on the PDF says Volume 19, Number 2 but the indexing on the publisher's website indicates that this article is actually from Volume 19, Number 3.
Keywords
Citation
Cochran, P. (2011). Applying the burden of proof and creating connections to communities. Constitutional Forum Constitutionnel, 19(3), 119-123.