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- Canada; Criminal Law; Sexual Assault; AIDS (Disease); HIV-Positive; Condoms (1)
- Compliance Programs; Corporate Crime; Corporate Culture; Corruption; Deferred Prosecution Agreements; FCPA; Monitors; Organizational Ethics (1)
- Criminal Law; Defences; Justice Bertha Wilson; Canada; Supreme Court; Self-Defence; Provocation; Necessity (1)
- War Crimes; Grave Breaches; Geneva Conventions; International Criminal Law (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
The Future Of The Grave Breaches Regime: Segregate, Assimilate Or Abandon, James G. Stewart
The Future Of The Grave Breaches Regime: Segregate, Assimilate Or Abandon, James G. Stewart
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Grave breaches of the Geneva Conventions are one type of war crime. In this Article, I argue that the grave breaches regime has three possible futures. In the first, the regime remains segregated from other categories of war crimes in deference to the historical development of these crimes. This future, however, is one that will see a relatively dramatic decline in the use of grave breaches in practice, primarily because other offences cover the same acts more efficiently. In the second possible future, the grave breaches are entirely abandoned, but this eventuality seems both improbable and undesirable. Even though judicial …
Can Corporate Monitorships Improve Corporate Compliance?, Cristie Ford, David Hess
Can Corporate Monitorships Improve Corporate Compliance?, Cristie Ford, David Hess
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Over the last few years, prosecutors and SEC enforcement attorneys have increasingly relied on settlement agreements (such as deferred prosecution agreements) to combat securities violations and other corporate criminal acts. Many of these agreements require the use of corporate monitors to oversee the corporation's compliance with the settlement and its implementation of a compliance program to prevent future violations of the law. Although these agreements have received significant attention from legislators and scholars, there has been no investigation into the critically important question of whether or not the use of corporate monitors achieves its intended goals. Based primarily on interviews …
Rethinking Risk: The Relevance Of Condoms And Viral Load In Hiv Nondisclosure Prosecutions, Isabel Grant
Rethinking Risk: The Relevance Of Condoms And Viral Load In Hiv Nondisclosure Prosecutions, Isabel Grant
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An HIV-positive individual who fails to disclose his or her status to a sexual partner may face charges ranging from nuisance to murder for such behaviour, with the most common charges being aggravated assault and aggravated sexual assault. The number of prosecutions in Canada against individuals who fail to disclose their HIV-positive status to their sexual partners has risen over the last ten years. At the same time, scientific advancements in treatment options and our understanding of transmission, condom usage, and viral load are constantly influencing the assessment of the risk that nondisclosure poses to the complainant in any given …
Contextualizing Criminal Defences: Exploring The Contribution Of Justice Bertha Wilson, Isabel Grant, Debra Parkes
Contextualizing Criminal Defences: Exploring The Contribution Of Justice Bertha Wilson, Isabel Grant, Debra Parkes
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The authors survey the opinions of Justice Wilson in three important criminal defence cases: R. v. Perka, R. V. Hill, and R. v. Lavallee. These cases reveal the development of her understanding of equality in criminal law, ranging from a formal individualistic understanding of equality in Perka through to a nuanced substantive approach to equality in Lavallee. Next, the authors discuss two different ways that context figures in those opinions, to: (1) understand the accused's actions, and (2) to locate the defence itself in its social and historical context to reveal biases and inequalities reflected therein. Finally, the authors examine …