Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Criminal law (2)
- Aboriginals (1)
- CRS (1)
- CSC (1)
- Canada (1)
-
- Canadian criminal justice (1)
- Correctional Service of Canada (1)
- Corrections and Conditional Release Act (1)
- Criminal code (1)
- Custody Rating Scale (1)
- Habeus corpus (1)
- Indigenous (1)
- Indigenous jurisdiction (1)
- Indigenous justice in Canada (1)
- Inequality (1)
- Judges (1)
- Ontario Court of Appeal (1)
- Risk (1)
Articles 1 - 4 of 4
Full-Text Articles in Criminal Law
Indigenous Self-Government And Criminal Law: The Path Towards Concurrent Jurisdiction In Canada, Michael Michel
Indigenous Self-Government And Criminal Law: The Path Towards Concurrent Jurisdiction In Canada, Michael Michel
Dalhousie Law Journal
This is a special contribution that has not been peer-reviewed.
The past few decades have seen an increase in culturally responsive policies and programs aimed at ameliorating the hardship and disadvantage faced by Indigenous peoples in the Canadian criminal justice system. These policies and programs, however, operate within a criminal justice system that consistently fails Indigenous peoples. What has yet to be tried is a nation-to-nation approach to criminal law jurisdiction where Indigenous peoples have legislative authority to enact and administer their own criminal laws. This paper shows that Indigenous jurisdiction over criminal law is possible within Canada’s constitutional framework. …
A Review Of Harold Johnson, Peace And Good Order: The Case For Indigenous Justice In Canada, Haneen Al-Noman
A Review Of Harold Johnson, Peace And Good Order: The Case For Indigenous Justice In Canada, Haneen Al-Noman
Dalhousie Law Journal
Haneen Al Noman: A Review of Harold Johnson, Peace and Good Order: The Case for Indigenous Justice in Canada (Toronto: McClelland & Stewart, 2019).
The Constitutionality Of Classification: Indigenous Overrepresentation And Security Policy In Canadian Federal Penitentiaries, D'Arcy Leitch
The Constitutionality Of Classification: Indigenous Overrepresentation And Security Policy In Canadian Federal Penitentiaries, D'Arcy Leitch
Dalhousie Law Journal
This article examines one component of the Correctional Service of Canada's (CSC) risk classification scheme. The CSC uses the Custody Rating Scale (CRS), a 12-item actuarial instrument, to measure risk and to provide security classification recommendations. Empirical data shows that while CRS recommendations may have some predictive validity, certain of the 12 items the CRS includes do not, particularly for Indigenous prisoners. This article makes the case that the inclusion ofsuch items in the CRS violates prisoner's rights under section 7 of the Charter by depriving them of liberty in a manner that is arbitrary and overbroad. Habeas corpus is …
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
The Big Chill?: Contextual Judgment After R. V Hamilton, Richard Devlin, Matthew Sherrard
Dalhousie Law Journal
The tone and thrust of the Ontario Court ofAppeal's decision in R. v. Hamilton will serve to chill efforts by sentencing judges to tailor their responsibilities to accord with the recognized realities of systemic and intersectional inequality in Canadian society The decision presents an unduly conservative response to the judicial function question, and an understandable, if excessively cautious, answer with regard to the application of systemic, intersectional inequality issues in practice. Specifically, the decision underplays the overall remedial goal of section 718 of the Criminal Code by overemphasizing the particularity of Aboriginal peoples, and ignoring the specificity of especially vulnerable …