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Articles 1 - 5 of 5
Full-Text Articles in Law
Sections 9, 10 And 11 Of The Canadian Charter, Steve Coughlan, Robert Currie
Sections 9, 10 And 11 Of The Canadian Charter, Steve Coughlan, Robert Currie
Articles, Book Chapters, & Popular Press
Section 9 of the Charter guarantees freedom from arbitrary detention, section 10 provides certain rights on arrest, and section 11 guarantees various rights to those charged with an offence. In this chapter the authors consider the aspects of these rights which have been authoritatively determined, as well as pointing to the areas which remain unsettled and discussing the areas of lingering controversy.
Telus: Asking The Right Questions About General Warrants, Steve Coughlan
Telus: Asking The Right Questions About General Warrants, Steve Coughlan
Articles, Book Chapters, & Popular Press
The general warrant provisions in the Criminal Code have often been interpreted by lower courts in a way which threatens to make that power quite open-ended, and to make those warrants available as a way of making an "end run" around the requirements of other provisions. This note argues that the Supreme Court of Canada is correct, in Telus,to adopt a "substantive equivalence" approach to general warrants, thereby limiting the circumstances in which they can be used. Lower courts have sometimes taken the view that a general warrant is only unavailable if the proposed technique would fall squarely within some …
Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald
Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Restorative approaches to criminal justice can be reconciled with fundamental notions of the rule of law through a relational understanding of rights. Firstly, the paper demonstrates how theories of rights have evolved from a liberal understanding in representative democracies, where individual rights holders can trump the interests of others, to a relational theory where rights embody values which structure appropriate relationships among citizens. Second, the paper shows that relational theory can explain how formal criminal justice and restorative justice in a deliberate democracy interrelate, while embodying different, though compatible, rights, duties and remedies among wrongdoers, victims, communities and justice system …
The Rise And Fall Of Duress (Or How Duress Changed Necessity Before Being Excluded By Self-Defence), Steve Coughlan
The Rise And Fall Of Duress (Or How Duress Changed Necessity Before Being Excluded By Self-Defence), Steve Coughlan
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada decision in R. v. Ryan significantly reshaped both the common law and statutory defenses of duress, harmonizing them and, in the case of the common law defense, fully articulating it for the first time. The decision is admirable for that reason. This paper argues that two further results can also be seen. First, the defense of necessity is a common law one which is conceptually similar to duress. The Court's reasoning at a policy level about duress ought therefore to be applicable to necessity: this paper traces the ways in which that latter defense ought …
Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer Llewellyn, Bruce Archibald, Donald Clairmont, Diane Crocker
Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer Llewellyn, Bruce Archibald, Donald Clairmont, Diane Crocker
Articles, Book Chapters, & Popular Press
Whether restorative justice is “successful,” or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that if restorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence of restorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda …