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Articles 1 - 6 of 6
Full-Text Articles in Criminal Law
Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig
Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig
Articles, Book Chapters, & Popular Press
Women are disappearing. Sixty-nine of them disappeared from the Downtown Eastside of Vancouver between 1997 and 2002. Northern communities in British Columbia believe that more than 40 women have gone missing from the Highway of Tears in the past thirty years. The endangered do not come from every walk of life. Most of these women are Aboriginal. Many of them are poor. To be more precise then, poor women and Aboriginal women are disappearing. Aboriginal women in particular are the targets of an irrefutable epidemic of violence in Canada today.
Robert Pickton is thought to have murdered almost 50 of …
Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson
Tort Claims And Canadian Prisoners, Adelina Iftene, Lynne Hanson, Allan Manson
Articles, Book Chapters, & Popular Press
Prisoners can be tragically wronged by the prison system, as highlighted by the recent Ashley Smith case. Tort actions have proven to be a problematic form of recourse for them. Negligence claims made by prisoners face many obstacles at every stage of the analysis: the duty of care, standard and breach, and causation. The authors offer an overview of tort litigation coming out of Canadian prison with a focus on health care based negligence claims, risks arising from other prisoners and the risk of self-harm. They find that these cases are unevenly resolved when the plaintiff is a prisoner. The …
Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig
Person(S) Of Interest And Missing Women: Legal Abandonment In The Downtown Eastside, Elaine Craig
Articles, Book Chapters, & Popular Press
Women are disappearing. Sixty-nine of them disappeared from the Downtown Eastside of Vancouver between 1997 and 2002. Northern communities in British Columbia believe that more than 40 women have gone missing from the Highway of Tears in the past thirty years. The endangered do not come from every walk of life. Most of these women are Aboriginal. Many of them are poor. To be more precise then, poor women and Aboriginal women are disappearing. Aboriginal women in particular are the targets of an irrefutable epidemic of violence in Canada today. Robert Pickton is thought to have murdered almost 50 of …
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
Articles, Book Chapters, & Popular Press
The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …
Capacity To Consent To Sexual Risk, Elaine Craig
Capacity To Consent To Sexual Risk, Elaine Craig
Articles, Book Chapters, & Popular Press
In delineating the legal boundaries of capacity to consent to sexual touching, law makers and jurists must grapple with tensions between sexual liberty, morality, sexual minority equality interests, and public safety. Legal rules that stipulate that an individual cannot consent in advance to unconscious sexual activity or to sado-masochism, or that an individual under a certain age or with a particular intellectual capacity cannot consent to sexual touching have an impact on sexual liberty and should be justified. This paper argues that establishing these limits based on normative assessments about specific sexual acts poses too great a threat to the …
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
The Ethical Obligations Of Defence Counsel In Sexual Assault Cases, Elaine Craig
Articles, Book Chapters, & Popular Press
The treatment of sexual assault complainants by defence counsel has been the site of significant debate for legal ethicists. Even those with the strongest commitment to the ethics of zealous advocacy struggle with how to approach the cross-examination of sexual assault complainants. One of the most contentious issues in this debate pertains to the use of bias, stereotype and discriminatory tactics to advance one’s client’s position. This paper focuses on the professional responsibilities defence lawyers bear in sexual assault cases. Its central claim is as follows: Defence counsel are ethically obligated to restrict their carriage of a sexual assault case …