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Full-Text Articles in Law
Let’S Talk About Sexual Assault: Survivor Stories And The Law In The Jian Ghomeshi Media Discourse, Dana Phillips
Let’S Talk About Sexual Assault: Survivor Stories And The Law In The Jian Ghomeshi Media Discourse, Dana Phillips
Osgoode Hall Law Journal
The recent allegations against former Canadian radio host Jian Ghomeshi catalyzed an exceptional moment of public discourse on sexual assault in Canada. Following public revelations from several women who described being attacked by Ghomeshi, many others came forward with accounts of sexual violence in their own lives. Affirming feminist critiques of sexual assault law reform, many survivors drew on their experiences to expose the criminal justice system’s ongoing flaws in processing sexual assault cases. While some held out hope for the criminal law’s role in addressing sexual violence, most rejected its individualizing and retributive aspects. Instead, survivors emphasized the need …
Unreasonable Disagreement?: Judicial–Executive Exchanges About Charter Reasonableness In The Harper Era, Matthew A. Hennigar
Unreasonable Disagreement?: Judicial–Executive Exchanges About Charter Reasonableness In The Harper Era, Matthew A. Hennigar
Osgoode Hall Law Journal
Assessments of “reasonableness” are central to adjudicating claims under several Charter rights and the section 1 “reasonable limits” clause. By comparing Supreme Court of Canada rulings to facta submitted by the Attorney General of Canada to the Court, this article examines the federal government’s success under Prime Minister Harper at persuading the Supreme Court of Canada that its Charter infringements in the area of criminal justice policy are reasonable, and when they fail to do so, on what grounds. The evidence reveals that the Conservative government adopted a consistently defensive posture in court, never conceding that a law was unreasonable, …
Hit Them Where It Hurts: State Responses To Biker Gangs In Canada, Graema Melcher
Hit Them Where It Hurts: State Responses To Biker Gangs In Canada, Graema Melcher
Dalhousie Law Journal
From civil and criminal forfeiture, to "gangsterism"offences in the Criminal Code, Canada does not lack for tools to address biker gangs. Yet attempts to stamp out bikers have met with little to no success. State responses to criminal organizations should use those organizations' own structures and symbols of power against them. A gang's reputation may be effectively used against a gang, but this strategy poses significant challenges to prosecution. Attempts to use a gang's internal hierarchy and administrative structure can succeed, but may only produce circumstantial findings if not supported by sufficient and substantial evidence. Attempts to combat gang violence …
A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez
A Call To Higher Action: Cannabis Prohibition In The United States And Canada Makes For An Uncertain Future, Carlos Alvarez
University of Miami International and Comparative Law Review
No abstract provided.