“The SCC & Gladue: Fifteen Years Later, What Progress?” (Voir Dire, CBA National Criminal Law Publication, April 2014)
“Defamation – Racism and Systemic Discrimination” Leave to Appeal, Supreme Court of Canada (No. 33461) -(Chohan v. Capital Health Authority et al.) – submitted December 11, 2009. Leave not granted by SCC April 22, 2010.
Final Dissertation, 2009
These essays were written in 2007-2008 for the University of Oxford Masters Programme in International Human Rights Law. The pursuit of such questions continues to inspire and motivate the intellectual quest in human rights law. A wise person once wrote, “If we do not ask the right questions, we will cease to find answers.” I am grateful to Patrick Thornberry, Professor of International Law (Keele University, Fellow of Kellogg College, University of Oxford) for thought provoking discussions and suggestions on outlines for the essays.
The first essay begins with the “The Sunflower and Forgiveness” which explores the possibilities and limits of forgiveness. The Sunflower written by Simon Wiesenthal asks the reader to imagine, “You are a prisoner in a concentration camp. A dying Nazi soldier asks for your forgiveness. What would you do?” Simon Weisenthal was a Jewish concentration camp prisoner and summoned to the bedside of a young, dying SS Officer who wanted to confess and obtain forgiveness for crimes from a Jew. In the face of an immense moral question, Simon chose to say nothing. After the war ended, he continued to question whether he had done the right thing. The question is what would each of us have done if in his position?
The essays cover a range of international human rights issues:
- The Sunflower and Forgiveness
- The Death Penalty for Juveniles
- Punishment of Individual Offenders for Mass Violations of Human Rights
- Gender & Cultural Practices (Female Genital Mutilation)
- The Legal Doctrine of Margin of Appreciation
- Reparations for Colonialism and the Trans-Atlantic Slave Trade
- Do Human Rights In Fact Need Democracy and the Rule of Law?
Judgments Rendered by B. W. Sundhu
A sample of judgments rendered by B. W. Sundhu can be found here.
Human Rights Links and Resources