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Articles 1 - 10 of 10
Full-Text Articles in Law
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
Sex And The Supremes: Towards A Legal Theory Of Sexuality, Elaine Craig
PhD Dissertations
This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian …
The Chemical Castration Of Recidivist Sex Offenders In Canada: A Matter Of Faith, Matthew R. Kutcher
The Chemical Castration Of Recidivist Sex Offenders In Canada: A Matter Of Faith, Matthew R. Kutcher
Dalhousie Law Journal
Chemical castration refers to the use of medication to reduce male testosterone to pre-pubertal levels. Since the mid-20th century reports have detailed this practice in attempts to control pathological sexual behaviour. In 2006, the Canadian Federal Court of Appeal ruled it constitutional for the National Parole Board to require that recidivist sex offenders, if found to be long-term offenders, be chemically castrated under their conditions of release. This paper examines the chemical castration of recidivist sex offenders in Canada through a review of long-term offender hearings reported between 1997 and 2009. The practice is analyzed from ethical, medical and legal …
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …
Too Good To Be True: Second Thoughts On The Proliferation Of Mental Health Counts, H Archibald Kaiser
Too Good To Be True: Second Thoughts On The Proliferation Of Mental Health Counts, H Archibald Kaiser
Articles, Book Chapters, & Popular Press
The last two decades have witnessed the proliferation of mental health courts, proffered by governments as an efficacious and sometimes exclusive response to the complex social dynamics causing the criminalization of persons who live with mental health problems. the ready embrace of this variant of the problem-solving-courts genre has diverted policy-makers and citizens from confronting the root causes of the challenging intersection of mental illness and crime. the new courts have acquired a legitimacy that belies a wide range of doubts about their existence and operation. this commentary will offer a counterpoint to the accelerating momentum of mental health courts. …
Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, Robert Currie
Articles, Book Chapters, & Popular Press
"A Commentary on the Rome Statute" by William Schabas is a giant of a work by a giant in the field. This review examines the breadth and scope of one of the most important works in the field, concluding that the book is not just an excellent resource but an indispensable one for anyone working in or following the field of international criminal justice.
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie
R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie
Articles, Book Chapters, & Popular Press
Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …
Kwiatkowski: Privacy Protection And Risk Analysis: Losing The Forest In The Telephoto Shots Of The Trees, Steve Coughlan
Kwiatkowski: Privacy Protection And Risk Analysis: Losing The Forest In The Telephoto Shots Of The Trees, Steve Coughlan
Articles, Book Chapters, & Popular Press
Checklists of factors are a helpful feature in assisting courts to determine how to find the proper balance in a variety of situations. Properly used they can help to achieve a certain level of uniformity and predictability, though they do not guarantee it. However, it is also important to recognize that checklists are a way of getting at the right analysis — they are not in and of themselves that analysis. Checklists also create the possibility of becoming encumbered in specifics and therefore losing sight of the overall goal. The Supreme Court decided two decades ago that the reasonable expectation …
Using Protection Of Privacy Legislation To Erode Privacy: R. V. Chehil, Steve Coughlan
Using Protection Of Privacy Legislation To Erode Privacy: R. V. Chehil, Steve Coughlan
Articles, Book Chapters, & Popular Press
The Nova Scotia Court of Appeal here in R. v. Chehil overturns the trial judge's conclusion that the accused had a reasonable expectation of privacy in the information the police obtained from the computer manifest. With respect, their application of the totality of the circumstances test is subject to question at several important points. For example, in assessing the objective reasonableness of an expectation of privacy, the Court of Appeal relies on the fact that the Westjet website informs customers that "information will be disclosed to the authorities without your knowledge and consent as required by law." The court then …
Caveat Emptor, Venditor Et Praescribor: Legal Liability Associated With Methyplenidate Hydrochloride (Mph) Use By Postsecondary Students, Jocelyn Downie, Fiona Campbell, Simon Outram
Caveat Emptor, Venditor Et Praescribor: Legal Liability Associated With Methyplenidate Hydrochloride (Mph) Use By Postsecondary Students, Jocelyn Downie, Fiona Campbell, Simon Outram
Articles, Book Chapters, & Popular Press
For years, students have endured the physical and mental stress that comes as a result of the demands of post-secondary education. All -night cramming for exams and marathon paper writing sessions are considered, by many, to be a rite of passage, endured by generations of students. For many years, students have also turned to stimulants (from coffee to energy drinks and caffeine pills) to extend their physical and cognitive limits in order to better cope with the demands of school and life. In this sense, the use of stimulants as study-aids is not a new phenomenon nor has it been …
Stopping Vehicles On A Downhill Slope: R. V. Nolet, Steve Coughlan
Stopping Vehicles On A Downhill Slope: R. V. Nolet, Steve Coughlan
Articles, Book Chapters, & Popular Press
The law need not stay the same. The Court has indicated its clear willingness to change the law to accommodate changing social conditions, or in other circumstances. However, when the law does change, it is better for all if that happens clearly: when it is apparent that the old approach no longer governs and it is clear what the new approach will be. In this regard, more could have been hoped for from Nolet. The case raises questions about the proper approach to search issues and to detentions involving vehicle stops and seems inconsistent with previous case law in both …