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Full-Text Articles in Law

The Constitutionality Of Classification: Indigenous Overrepresentation And Security Policy In Canadian Federal Penitentiaries, D'Arcy Leitch Oct 2018

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 …


Keeping Up With The Joneses: A Model Systemic Risk Reporting Regime For The Canadian Hedge Fund Industry, Andrew Mcgarva Apr 2015

Keeping Up With The Joneses: A Model Systemic Risk Reporting Regime For The Canadian Hedge Fund Industry, Andrew Mcgarva

Dalhousie Law Journal

The purpose of this paper is to suggest a regulatory model by which Canadian securities regulators may monitor the systemic risk contributed to by the Canadian hedge fundindustry The bases for this modelare recent regulatory reform initiatives adopted in the U.S. and Europe. There, securities regulators have adopted Form PF and AIFMD, respectively, to monitor the systemic risk contributed to by hedge funds. However, the features of those regimes are not necessarily appropriate for the Canadian industry. The appropriateness ofthe features of Form PFandAIFMD for the Canadian hedge fund industry is evaluated on two criteria: the average industry fund size, …