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- Access to justice (1)
- Accountability (1)
- Adverse impact discrimination (1)
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- Gender stereotypes (1)
- Judicial Decisions (1)
- Misunderstandings about trauma. (1)
- Protection of victims’ rights (1)
- Qualitative Analysis (1)
- Rape myths (1)
- Re-victimization (1)
- Section 72 (1)
- Sexual violence survivors (1)
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- Systemic discrimination against women (1)
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Articles 1 - 3 of 3
Full-Text Articles in Law
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Legal Representation For Complainants Of Sexual Violence In The Criminal Justice System: A Proposal To Advance Women's Equality, Karen M. Bellehumeur
Electronic Thesis and Dissertation Repository
Very few survivors of sexual violence choose to engage the Canadian criminal justice system despite the fact that we expect law to be an effective tool to combat sexual violence. Since the vast majority of sexual violence survivors are female, the criminal justice system is failing women. This failure is largely because of the harm it causes by re-victimizing sexual assault complainants. Much of that harm arises from misunderstandings about trauma and from the existence of rape myths and gender stereotypes.. I argue that the criminal justice system’s treatment of female sexual violence complainants violates their section 7 and 15 …
Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes
Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes
Master of Laws Research Papers Repository
Following the introduction of the Safe Streets and Communities Act, mandatory minimum penalties (MMPs) were greatly expanded in Canadian criminal law. This expansion has been controversial, particularly in the context of drug crime. Through the lens of proposed legislation, Bill C-5, this paper presents the arguments both for and against the use of MMPs in the Controlled Drugs and Substances Act, with a particular focus on their potential to produce cruel and unusual punishment. Ultimately, this paper argues that, on account of their many downfalls, MMPs should have no place in Canadian drug law.
Meaning Of Accountability Under Section 72 Of The Youth Criminal Justice Act, Brenda Kobayashi
Meaning Of Accountability Under Section 72 Of The Youth Criminal Justice Act, Brenda Kobayashi
Electronic Thesis and Dissertation Repository
This study examined judicial decisions, post the 2012 amendments, to determine what drives the accountability analysis under section 72(1)(b). I asked if accountability was equated to retribution as reasoned by the Ontario Court of Appeal, in R v AO? Additionally, has the introduction of specific deterrence and denunciation, under section 38(2)(f) had an effect on the accountability analysis? The qualitative results revealed three sets of cases. In each set weight was given to retribution in the accountability analysis. In some cases, retribution was given greater weight to the rehabilitative needs of the young person and in other cases the rehabilitative …