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Articles 91 - 98 of 98
Full-Text Articles in Law
Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald
Liability For Provincial Offences: Fault, Penalty And The Principles Of Fundamental Justice In Canada (A Review Of Law Reform Proposals From Ontario, Saskatchewan And Alberta), Bruce P. Archibald
Dalhousie Law Journal
While the Canadian Criminal Code is presently in the process of thorough going reform by the federal government, one should not lose sight of the important reforms being proposed in several Canadian provinces to the legal regimes governing provincial offences. A need for reform to provincial offence regimes is evident in relation to both substance and procedure, although the approaches to solving problems in both spheres has traditionally differed from province to province. At the level of procedure, some provinces have been content to enforce their provincial offences through the expedient of adopting by reference the procedures found in Part …
The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer
The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer
Dalhousie Law Journal
Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …
Canadian Criminal Jury Instructions, James P. Taylor
Canadian Criminal Jury Instructions, James P. Taylor
Dalhousie Law Journal
Canadian Criminal Jury Instructions ("CRIMJI") is an ambitious project. The authors, the Honourable Mr. Justice John Bouck (of the Supreme Court of British Columbia) and Professor Gerry Ferguson (of the Faculty of Law, University of Victoria) set out to provide a book that will "assist Canadian judges and Canadian lawyers in drafting and delivering a charge to a jury in a criminal case". The authors' twovolume work handily accomplishes this objective.
Prisoners Of Isolation - Solitary Confinement In Canada, A. Wayne Mackay
Prisoners Of Isolation - Solitary Confinement In Canada, A. Wayne Mackay
Dalhousie Law Journal
This book is a first-rate contribution to Canadian legal scholarship and is a compelling but not sensationalized account of life behind bars in Canada. Jackson combines a sense of history with thorough legal scholarship and deep concern for humanity in this unique and insightful book. He makes masterful use of his personal interviews with prisoners who have been subjected to solitary confinement to infuse the book with a subdued sorrow about man's inhumanity to man. He successfully walks the fine line between identifying with the plight of the victims of solitary confinement and presenting an objective and scholarly account of …
The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd
The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd
Dalhousie Law Journal
The year 1972 saw a federal Commission investigating the non-medical use of drugs recommend repeal of the offence of possession of marijuana', an indication that state policy with respect to the social control of psychoactive substances was undergoing a thorough re-appraisal. It is not surprising, then, that the past decade should also have seen a considerable degree of academic interest in Canada's initial attempt to make criminal the citizen's desire to alter consciousness. A comprehensive review of this admirable collection of research reveals that Canada ought not to take pride in these initial efforts. The initial statute has been explained …
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron
Articles, Book Chapters, & Popular Press
In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …
Distributive And Retributive Justice In Canada, Patrick Kerans
Distributive And Retributive Justice In Canada, Patrick Kerans
Dalhousie Law Journal
The publications of the Law Reform Commission raise many ethical issues. One question - how distributive justice affects the working of retributive justice - is raised in several of their studies but not yet explicitly faced. This paper' approaches the question by way of a reflection on Paul Weiler's lucid and balanced argument, presented in "The Reform of Punishment". 2 1 fully agree with the polemic thrust of Weiler's essay, namely, that the rehabilitative model of corrections, which views crime as a disease, is inadequate and leads to injustice. What I aim to do here is to analyse and subject …
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Dalhousie Law Journal
Professor M. R. Goode' has recently attacked the criminal law work of the Law Reform Commission of Canada as "profoundly unsatisfactory" ' because the Commission has apparently adopted an outmoded theory of the criminal process. He maintains that the approach of the Commission has been vitiated by ... what may be loosely called a liberal-positivist ideology, which fails to question the most fundamental bases of the criminal process in a democratic capitalist society and the faiths which underlie them. This failing to question or to-give written consideration to current criticisms of this ideology has led, in Goode's view, to "the …