Academic literature on the topic 'Canadian criminal law'

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Journal articles on the topic "Canadian criminal law"

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Archibald, Bruce P. "Canadian criminal law." Criminal Law Forum 3, no. 3 (1992): 525–39. http://dx.doi.org/10.1007/bf01096367.

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Brown, Robert J. "Hypnosis in Canadian Criminal Law." American Journal of Clinical Hypnosis 27, no. 3 (1985): 153–58. http://dx.doi.org/10.1080/00029157.1985.10402596.

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Chesney-Lind, Meda. "Book Review: Canadian Criminal Justice." International Criminal Justice Review 1, no. 1 (1991): 155–57. http://dx.doi.org/10.1177/105756779100100124.

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Vincent-Wright, Sarah-Michèle, Miriam Cohen, and Stéphane Beaulac. "Intervention in the Supreme Court of Canada's Bissonnette case: Assessing the relationship between international and Canadian criminal law." Lex Electronica 29, no. 5 (2024): 36–62. https://doi.org/10.7202/1116024ar.

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This article, which follows the authors' intervention in the Bissonnette case before the Supreme Court of Canada, highlights the jurisprudential context surrounding the analytical framework upon which judges are called to base their interpretation and application of Canadian domestic law - in this case, the sentencing regime under sections 7 and 12 of the Canadian Charter - when resorting to the normativity of international law. In addition to clarifying the persuasive value of international criminal law norms in the interpretation of the Canadian Charter, this paper seeks to nuance the princi
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Aiyer, Rick. "Relic of a Bygone Era? A Comparative Review of the Defence of “Reasonable Correction” in Canadian and Israeli Criminal Law." Revue générale de droit 54, no. 1 (2024): 153–92. https://doi.org/10.7202/1115109ar.

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On January 25, 2000, the Supreme Court of Israel delivered its celebrated decision in Plonit. In a landmark ruling, the country’s highest court abolished the criminal law defence of “reasonable correction,” thus making Israel the first common law jurisdiction to recognize children’s right to equal protection from assault. Contrarily, in the Charter case of Canadian Foundation four years later, a majority of the Supreme Court of Canada elected to uphold a similar defence of reasonable correction in section 43 of the Criminal Code. This article therefore takes a fresh look at Canadian Foundation
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Grad, Kenneth. "Should Hate Speech be Criminalized? Lessons from the Canadian experience in R v. Zundel and R v. Keegstra." FIU Law Review 19, no. 3 (2025): 661–708. https://doi.org/10.25148/lawrev.19.3.6.

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There is a global trend toward increased use of criminal law to combat hate speech. In assessing this trend, one should be mindful of the experience of countries that have long had criminal laws targeting harmful expression. Canada is one such country. Using the leading Canadian cases of R v. Zundel and R v. Keegstra, this article argues that the Canadian experience suggests the criminal law is a flawed mechanism for countering harmful expression. This is so for at least three reasons. First, hate-speech prosecutions may undermine the group dignity and sense of inclusion of minority groups. Se
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Jong, Keana. "Mass Incarceration and Its Devastating Effects." Canadian Journal for the Academic Mind 1, no. 1 (2023): 19–29. http://dx.doi.org/10.25071/2817-5344/59.

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This research paper utilizes various sources from Canadian studies and firsthand accounts to identify the issues within penitentiaries and the Canadian criminal justice system. There are numerous pressing issues related to the handling, punishment, and sentencing of crime, many of which stem from racial injustice and underlying societal problems. Inmates endure harsh prison conditions and face barriers when trying to maintain connections with their families and friends. The mental well-being of prisoners is often overlooked, creating an unjust and unfavourable environment for Canadian citizens
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Rikhof, J. "Complicity in International Criminal Law and Canadian Refugee Law: A Comparison." Journal of International Criminal Justice 4, no. 4 (2006): 702–22. http://dx.doi.org/10.1093/jicj/mql065.

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Lafontaine, Fannie. "Parties to Offences under the Canadian Crimes against Humanity and War Crimes Act : an Analysis of Principal Liability and Complicity." Les Cahiers de droit 50, no. 3-4 (2010): 967–1014. http://dx.doi.org/10.7202/039346ar.

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The Crimes against Humanity and War Crimes Act presents an interesting mosaic of law applicable to the domestic prosecution of genocide, crimes against humanity and war crimes. The definitions of offences refer essentially to international law, whereas the available defences, justifications and excuses are those of both Canadian law and international law, and the modes of participation in offences are exclusively those of Canadian law. This raises the question of the relevance and effectiveness of the legislative choice to apply domestic law to the principles of liability for international cri
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Roach, Kent. "The Effects of the Canadian Charter of Rights on Criminal Justice." Israel Law Review 33, no. 3 (1999): 607–37. http://dx.doi.org/10.1017/s0021223700016083.

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The Canadian Charter of Rights and Freedoms enacted in 1982 set off a “constitutional revolution” with profound effects on criminal justice. A criminal lawyer who left the country in 1982 would find that the law has changed dramatically in less than two decades. A system based on legislative supremacy and judicial reluctance to exclude evidence because of unfairness outside of the courtroom has evolved into one based on judicial review and the judicial application of standards of due process or adjudicative fairness at all stages of the criminal process. The law reports and reviews are now dom
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Dissertations / Theses on the topic "Canadian criminal law"

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Pollard, Dorette. "Fresh evidence in Canadian criminal law: 1910--2010." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28814.

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In the last four decades, there has been a dramatic increase in the number of fresh evidence cases before Canadian criminal law appellate courts. Yet when it was first introduced at the turn of the last century, this rule of evidence was meant to be an exception to the principle of the finality of judgments, to be used only on those rare occasions when a miscarriage of justice had occurred. It was intended to prevent the innocent from going to jailor worse, from perishing on the gallows. Historically, fresh evidence was used but rarely prior to 1970. However, starting in the mid 1970s these ap
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Anand, Sanjeev Singh. "Expressions of racial hatred and criminal law : the Canadian response /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq21231.pdf.

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Climaco, dos Santos Patrick. "The Canadian criminal legislative response to hate crimes /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83948.

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The main objective of this thesis is to present an analysis of the issue of hate crimes and the manner in which the Canadian criminal justice system is currently addressing this problem. In doing so, certain inherent concerns with the current Canadian criminal legislative response to hate crimes will be highlighted and discussed in detail.<br>More precisely, the introduction of how recent Canadian criminal legislation has dealt with hate crimes will serve as the basis for the consideration of two of the main areas of concern as they relate to the effective application of hate crime legi
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Patterson, David. "HIV : public health, criminal law and the process of policy development." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22702.

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This paper examines briefly the changing conceptions of HIV disease in the Canadian context. Historical reference is made to the increase in state involvement in the field of public health, and to the shift from an emphasis on environmental and behavioural factors to infectious agents as the causes of disease. The role of the state in the prevention of HIV disease is then discussed, with reference to human rights and changing perceptions of the role of the law. The paper then considers a specific issue: the criminal law and the sexual transmission of the virus. The Canadian legislation and cas
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Singer, Kate. "Aboriginal injustice, a Canadian reponsibility : an Algonquian perspective of Canada's criminal justice system." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/MQ63368.pdf.

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Lavoie, Bianca. "Moralité et acteurs sociaux : la construction de l'ordre pénal au Canada, 1892-1927." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp05/mq21998.pdf.

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Wahab, Mohd Iqbal bin Abdul. "The doctrine of excessive force in self-defence and the theory of the "battered woman syndrome" in the defence of self-defence in criminal law : a comparative study of English, Australian and Canadian criminal law." Thesis, University of Edinburgh, 2002. http://hdl.handle.net/1842/27585.

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This thesis aims to examine two issues related to the defence of self-defence in criminal law. Firstly, it is an investigation into the theory of excessive force in selfdefence. The essence of the theory is to have a person who excessively applies force in his defence to be convicted of manslaughter. The arguments in favour of the theory are compelling; however, in practice, the issue of excessive defence has always been a brain-teaser for judges. This thesis elaborates the controversies surrounding the application of the theory in the courts. The reason for its demise and arguments for its re
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Gallant, Benjamin. "Bill C-25 The Truth in Sentencing Act: An Examination of the Implementation of Criminal Law by the Canadian Judiciary under Challenging Circumstances." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/34943.

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In Canada, we regularly incarcerate accused persons while they are still legally innocent. By the turn of the century, the growing number of accused held in pre-sentence custody had become a concern for provincial/territorial governments, and, by extension, the federal government. In an effort to address the problem, Bill C-25 - ‘The Truth in Sentencing Act’ - was passed into law. Adopting a quantitative as well as qualitative methodology, this study uses a randomly selected sample of 110 cases to examine the implementation of Bill C-25 as a case study of how Canadian judges respond to legisla
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Dufresne, Martin. "La justice pénale et la définition du crime à Québec, 1830-1860." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21966.pdf.

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Tongwane, Tshepo Wilson. "Warrantless search and seizure in terms of the Drugs and Drug Trafficking Act Criminal Procedure Act and South African Police Services Act : a comparative analysis with Canadian law." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/62556.

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Books on the topic "Canadian criminal law"

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Stuart, Don. Learning Canadian criminal law. 4th ed. Carswell, 1993.

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J, Delisle R., ed. Learning Canadian criminal law. 7th ed. Carswell, 1999.

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J, Delisle R., ed. Learning Canadian criminal law. 3rd ed. Carswell, 1990.

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J, Delisle R., ed. Learning Canadian criminal law. 8th ed. Carswell, 2001.

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1943-, Stuart Don, and Delisle R. J, eds. Learning Canadian criminal law. 5th ed. Carswell, 1995.

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Stuart, Don. Learning Canadian criminal law. Thomson Carswell, 2006.

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J, Delisle R., ed. Learning Canadian criminal law. 9th ed. Carswell, 2004.

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1943-, Stuart Don, and Delisle R. J, eds. Learning Canadian criminal law. 2nd ed. Carswell Co., 1986.

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J, Delisle R., and Coughlan Stephen Gerard 1957-, eds. Learning Canadian criminal law. Carswell, 2009.

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1957-, Coughlan Stephen Gerard, and Delisle R. J, eds. Learning Canadian criminal law. Carswell, 2015.

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Book chapters on the topic "Canadian criminal law"

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Medvedev, Jacob, Michael A. Crystal, and Gilbert Terrance. "Attempts at Reconciliation Through Criminal Law." In Justice, Indigenous Peoples, and Canada. Routledge, 2023. http://dx.doi.org/10.4324/9780429020858-10.

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Coyne, John, and Peter Bell. "International Case Study 1: Criminal Intelligence Service Canada (CISC)." In The Role of Strategic Intelligence in Law Enforcement. Palgrave Macmillan UK, 2015. http://dx.doi.org/10.1057/9781137443885_4.

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Gallant, Michelle. "An Empirical Glimpse of Civil Forfeiture Actions in Canada." In The Palgrave Handbook of Criminal and Terrorism Financing Law. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-64498-1_23.

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"CHAPTER FIVE. Criminal Justice and Criminal Law." In Canadian Federalism. University of Toronto Press, 2020. http://dx.doi.org/10.3138/9781487570460-007.

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"Lessons from the Canadian Experience." In Constitutionalizing Criminal Law. University of British Columbia Press, 2022. http://dx.doi.org/10.59962/9780774867689-006.

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Roberts, Paul. "Expert Evidence in Canadian Criminal Proceedings." In Law and Science. Oxford University PressOxford, 1998. http://dx.doi.org/10.1093/oso/9780198267942.003.0008.

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Abstract in an earlier article I suggested that English lawyers and law reformers might have something to learn from recent developments in United States law and practice regulating the admissibility of expert evidence. The task of constructing evidential standards to meet ‘the new challenges of scientific evidence’ seems well under way in America after the United States Supreme Court’s landmark decision in Daubertv. Merrell Dow Pharmaceuticals inc.in 1993.
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Makela, Kathleen L. "Canadian Criminal ‘Justice’: In Need of Healing." In Law & Anthropology. Brill | Nijhoff, 1999. http://dx.doi.org/10.1163/9789004639218_004.

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"3 Union Colliery and Corporate Criminal Liability." In Canadian Criminal Law in Ten Cases. University of Toronto Press, 2024. http://dx.doi.org/10.3138/9781487560218-005.

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"7 Klippert and Morgentaler: Morality and the Criminal Law." In Canadian Criminal Law in Ten Cases. University of Toronto Press, 2024. http://dx.doi.org/10.3138/9781487560218-009.

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"Contents." In Canadian Criminal Law in Ten Cases. University of Toronto Press, 2024. http://dx.doi.org/10.3138/9781487560218-toc.

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