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- Canada; Criminal law; Sexual assault; Mental disability; Consent; Capacity; Sex equality (1)
- Canada; Criminal law; Sexual assault; Mental disability; Evidence; Criminal procedure (1)
- Colonialism; poverty; criminal justice system; sentencing circles; criminal justice; Aboriginal women; feminism; sentencing recommendations; intimate violence; restorative justice; protection for Aboriginal women (1)
- Human trafficking; Olympic Games (1)
- International offenses; International criminal courts; International Criminal Court (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin
Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin
All Faculty Publications
This report considers the upcoming 2010 Olympics in Vancouver in the context of Canada’s human trafficking response to date, and makes recommendations to ensure that this event showcases our best to the world – and is not a flashpoint for human trafficking.
An Emerging International Criminal Law Tradition: Gaps In Applicable Law And Transnational Common Laws, Benjamin Perrin
An Emerging International Criminal Law Tradition: Gaps In Applicable Law And Transnational Common Laws, Benjamin Perrin
All Faculty Publications
This thesis critically examines the origins and development of international criminal lave to identify the defining features of this emerging legal tradition. It critically evaluates the experimental approach taken in Article 21 of the Rome Statute of the International Criminal Court, which attempts to codify an untested normative super-structure to guide this legal tradition. International criminal law is a hybrid tradition which seeks legitimacy and answers to difficult questions by drawing on other established legal traditions. Its development at the confluence of public international law, international humanitarian law, international human rights law and national criminal laws has resulted in gaps …
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Consent, Capacity, And Mistaken Belief, Janine Benedet, Isabel Grant
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Consent, Capacity, And Mistaken Belief, Janine Benedet, Isabel Grant
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Women with mental disabilities experience high rates of sexual assault. The authors trace the history of the criminal law's treatment of cases involving such acts in order to evaluate whether the substantive law of sexual assault is meeting the needs of this group of women. In particular, the authors focus on the legal issues of consent, capacity, and mistaken belief. The authors situate this discussion in the context of current debates in feminist and critical disability theory, grounding the theory in scholarly research on sexual assault of women with mental disabilities. In considering the law's treatment of sexual violence against …
Writing The Circle: Judicially Convened Sentencing Circles And The Textual Organization Of Criminal Justice, Emma Cunliffe, Angela Cameron
Writing The Circle: Judicially Convened Sentencing Circles And The Textual Organization Of Criminal Justice, Emma Cunliffe, Angela Cameron
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Trial court judges who work in remote Northern Canadian Aboriginal communities use judicially convened sentencing circles to gather information and develop sentencing recommendations in some intimate violence cases. Proponents claim that judicially convened sentencing circles are a restorative justice practice that heals the offender, his community, and the survivor of the violence. Proponents also look to sentencing circles as a tool to find a just outcome that minimizes Aboriginal men's incarceration. We use a methodology developed by feminist sociologist Dorothy Smith to consider whether the institutional priorities being established and approved by courts in sentencing circle cases provide adequate protection …
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet
Hearing The Sexual Assault Complaints Of Women With Mental Disabilities: Evidentiary And Procedural Issues, Janine Benedet
All Faculty Publications
When a woman with a mental disability makes a complaint of sexual assault, she must confront a criminal trial process that was not designed in contemplation of her as a witness. The requirements of repeated testimony under oath and the ability to be cross-examined are not always well-suited to the particular needs and capacities of women with mental disabilities. These problems are magnified by the tendency to infantilize women with mental disabilities, thereby diminishing their credibility and depicting them as hypersexual when they engage in any sexual activity. These stereotypes also manifest themselves in the application of evidentiary rules relating …