Law Commons^™

Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson

Washington and Lee Journal of Civil Rights and Social Justice

Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing good ideas …

‘It’S Kinda Punishment’: Tandem Logics And Penultimate Power In The Penal Voluntary Sector For Canadian Youth, Abigail Salole

Publications and Scholarship

This paper draws on original empirical research in Ontario, Canada which analyses penal voluntary sector practice with youth in conflict with the law. I illustrate how youth penal voluntary sector practice (YPVS) operates alongside, or in tandem with the statutory criminal justice system. I argue that examining the PVS and the statutory criminal justice system simultaneously, or in tandem, provides fuller understandings of PVS inclusionary (and exclusionary) control practices (Tomczak and Thompson 2017). I introduce the concept of penultimate power, which demonstrates the ability of PVS workers to trigger criminal justice system response toward a young person in conflict …

Celebrating Four Unruly Women, Elaine Craig

Articles, Book Chapters, & Popular Press

In 1846, prison administrators at the Kingston Penitentiary replaced the daily whipping and flogging of prisoners with a new form punishment - The Box. The Box, as Ted McCoy describes it in his new book, Four Unruly Women: S fries f Incarceration and Resistance from Canada's Most Notorious Prison, was a six foot tall, three foot deep coffin used to impose a form of extreme isolation on unruly prisoners. The Box became the primary form of severe punishment for women prisons at Kingston when flogging was abolished.

Four Unruly Women depicts a shocking portrait of the cruelty and inhumanity imposed …

Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Robert Currie, Laura Ellyson

Articles, Book Chapters, & Popular Press

Extradition – the formal rendition of criminal fugitives between states – is well-known to be a time-consuming process that often has impacts, minor or major, on the ability of states to complete prosecution in a timely manner. Thus, the extradition process can sometimes be at odds with the right to trial within a reasonable time, which is part of the overall package of fair trial rights enshrined in international human rights law. In Canada, this right is implemented by paragraph 11(b) of the Canadian Charter of Rights and Freedoms. In recent years Canadian courts have developed a series of principles …

A Higher Authority: Canada’S Cannabis Legalization In The Context Of International Law, Antonia Eliason, Robert Howse

Michigan Journal of International Law

Part I of this Article provides an overview of some of the key terms and provisions of Canada’s Cannabis Act. Part II looks at the Cannabis Act in the context of the International Drug Conventions, examining how the various convention provisions might apply, looking first at the Single Convention and then at the 1988 Convention and how that convention fits with Canadian constitutional provisions. Part III focuses on the international human rights framework and how the Cannabis Act might be viewed as compatible with international human rights law even where incompatible with the International Drug Conventions. This Part also offers …

Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Robert Currie, Laura Ellyson

Articles, Book Chapters, & Popular Press

Extradition – the formal rendition of criminal fugitives between states – is well-known to be a time-consuming process that often has impacts, minor or major, on the ability of states to complete prosecution in a timely manner. Thus, the extradition process can sometimes be at odds with the right to trial within a reasonable time, which is part of the overall package of fair trial rights enshrined in international human rights law. In Canada, this right is implemented by paragraph 11(b) of the Canadian Charter of Rights and Freedoms. In recent years Canadian courts have developed a series of principles …

Social Media Crime In Canada: Annotated Criminal Code, R.S.C., 1985, C. C-46, 2nd Ed., Benjamin Perrin

All Faculty Publications

Over 80% of Canadians use the Internet and approximately 20 million Canadians are active on social media networks. It is not surprising that criminal activity is taking place in these global digital communities and this is raising challenges for criminal law and the criminal justice system. The Supreme Court of Canada recently recognized in R. v. K.R.J. that “[t]he rate of technological change over the past decade has fundamentally altered the social context” in which certain crimes are occurring and social media networks have given “unprecedented access to potential victims and avenues” for offending.

This annotated Criminal Code aims to …