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Full-Text Articles in Law
Why De Minimis Should Not Be A Defence, Stephen Coughlan
Why De Minimis Should Not Be A Defence, Stephen Coughlan
Articles, Book Chapters, & Popular Press
De minimis non curat lex—the idea that the law does not concern itself with trifles—is originally a private law maxim whose applicability in criminal law is uncertain. The author argues that de minimis should not exist as a criminal defence. This article distinguishes the use of de minimis as an (accepted) interpretative principle in criminal law from its application as a defence. In doing so, the author critiques the potential rationales for de minimis offered by Arbour J in Canadian Foundation for Children, Youth and the Law v Canada (Attorney General). Instead, the author draws a parallel between de minimis …
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, Laura Ellyson
Extradition And Trial Delays: Recent Developments (And Lessons?) From Canada, 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 …