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Journal articles on the topic 'Canadian criminal law'

Author: Grafiati

Published: 31 August 2024

Last updated: 31 July 2025

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Garvey, Stephen P. "Erratum to: Canadian Scholars on Criminal Responsibility." Criminal Law and Philosophy 9, no. 2 (2013): 365. http://dx.doi.org/10.1007/s11572-013-9263-4.

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12

Macleod, R. C. "The Shaping of Canadian Criminal Law, 1892 to 1902." Historical Papers 13, no. 1 (2006): 64–75. http://dx.doi.org/10.7202/030477ar.

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Résumé En 1892, le parlement canadien adopte le code criminel proposé par Sir John Thompson, et, l'année suivante, il accepte également une loi complémentaire soumise par le même concernant les témoignages de procès. Ces deux lois marquaient une nette réforme de la loi criminelle existante et l'auteur se penche sur les intentions, les motifs, ou encore, les agissements qui ont pu présider à la passation de ces actes de même qu'aux nombreux amendements apportés au code dans la décennie qui suivit. Au premier plan, on retrouve Thompson avec son prestige, ses talents de persuasion, son désir de r

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13

Stroppel, Richard A. "Charter Justice in Canadian Criminal Law by Don Stuart." Alberta Law Review 31, no. 2 (1993): 429. http://dx.doi.org/10.29173/alr1216.

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14

Adam, Barry D., Jason Globerman, Richard Elliott, Patrice Corriveau, Ken English, and Sean Rourke. "HIV Positive People’s Perspectives on Canadian Criminal Law and Non-Disclosure." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 31, no. 01 (2016): 1–23. http://dx.doi.org/10.1017/cls.2016.3.

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Abstract The largest survey to date of people living with HIV regarding attitudes toward criminalization of HIV non-disclosure, this study investigates: sources of legal information available to HIV-positive people; perceptions of how criminal prosecutions and media coverage affect understanding of rights and responsibilities of self and others; and where HIV-positive people themselves stand on the role the criminal justice system should play. While mainstream media constructions of criminal iconography do affect PHA views, those who have higher levels of formal education, are active in the da

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15

Roach, Kent. "The Primacy of Liberty and Proportionality, Not Human Dignity, When Subjecting Criminal Law to Constitutional Control." Israel Law Review 44, no. 1-2 (2011): 91–113. http://dx.doi.org/10.1017/s0021223700000972.

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This comment argues that courts should focus on the negative liberty interests of the accused and the proportionality of state-imposed limits on those interests, as opposed to the human dignity of either the accused or the victim, when determining the constitutionality of criminal laws. The first part of the comment examines the Canadian experience with regard to the constitutional control of the criminal law. Canadian courts have focused on the liberty of the accused but have been unwilling to consider how the liberty interests of the accused can be subject to proportionate limitations. The n

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16

David, Jean-Denis. "Sources of Public Confidence in the Canadian Criminal Justice System." Canadian Journal of Criminology and Criminal Justice 63, no. 3-4 (2021): 47–68. http://dx.doi.org/10.3138/cjccj.2020-0059.

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This study examines factors associated with public confidence in the Canadian criminal justice system. It further examines whether interaction with this legal authority leads to varying bases for this confidence. Using data from the 2009 Canadian General Social Survey, this study found that satisfaction with sentencing severity was among the least important sources of confidence. Instead, satisfaction with the extent to which the Canadian criminal justice system provides justice quickly and its ability to determine guilt were the most prominent bases for public confidence. Satisfaction with th

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17

MacCarthy, Liam. "Indigenous Incarceration in Canada." Canadian Journal for the Academic Mind 1, no. 1 (2023): 31–49. http://dx.doi.org/10.25071/2817-5344/50.

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Canadian sentencing law reform in 1996 and the R. v. Gladue 1999 Supreme Court landmark decision, Canada introduced an internationally unique requirement for Canadian courts in sentencing Indigenous offenders to give special consideration to systemic factors in order to address the historic and ongoing experiences of Indigenous people in the criminal justice system Canada. While these reforms to the criminal justice system were centred around alleviating the egregious level of incarcerated Indigenous people, this analysis will reveal the implementation of Gladue principles has not been the tra

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18

Vidmar, Neil. "The Canadian Criminal Jury: Searching for a Middle Ground." Law and Contemporary Problems 62, no. 2 (1999): 141. http://dx.doi.org/10.2307/1192255.

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19

Hoffman, Allan M. "Book Review: Youth and the Canadian Criminal Justice System." International Criminal Justice Review 11, no. 1 (2001): 134. http://dx.doi.org/10.1177/105756770101100114.

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20

Michalski, Joseph H. "Mental health issues and the Canadian criminal justice system*." Contemporary Justice Review 20, no. 1 (2016): 2–25. http://dx.doi.org/10.1080/10282580.2016.1226817.

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21

Parker, Graham, and Desmond H. Brown. "The Genesis of the Canadian Criminal Code of 1892." American Journal of Legal History 35, no. 1 (1991): 111. http://dx.doi.org/10.2307/845592.

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22

Bowns, Ava J., Crystal J. Giesbrecht, and Kaila C. Bruer. "How judges in Canadian criminal courts define intimate partner violence." Journal of Community Safety and Well-Being 9, no. 2 (2024): 81–86. http://dx.doi.org/10.35502/jcswb.387.

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Intimate partner violence (IPV) is a substantial problem in Canada, leading to over 100,000 victims reporting to police in Canada annually. However, there is no legal definition or Canadian Criminal Code offence for IPV. The purpose of this study was to examine how judges in the Canadian prairie provinces (Alberta, Saskatchewan, and Manitoba) define IPV in criminal cases. One hundred full-text, written judicial decisions from 2016 to 2022 were analyzed. Findings indicate that judges tend to discuss IPV as it relates to sexual and psychological violence; threats, coercive control, and physical

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23

Tutty, Leslie M. "Book Review: Women, Crime, and the Canadian Criminal Justice System." International Criminal Justice Review 11, no. 1 (2001): 139–40. http://dx.doi.org/10.1177/105756770101100118.

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24

CHAPPELL, DUNCAN. "Law Reform, Social Policy, and Criminal Sexual Violence: Current Canadian Responses." Annals of the New York Academy of Sciences 528, no. 1 Human Sexual (1988): 379–87. http://dx.doi.org/10.1111/j.1749-6632.1988.tb42089.x.

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25

Kirkup, Kyle. "Indocile Bodies: Gender Identity and Strip Searches in Canadian Criminal Law." Canadian journal of law and society 24, no. 1 (2009): 107–25. http://dx.doi.org/10.1017/s0829320100009790.

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RésuméCet article se penche sur la question des sexes non normatifs et des sexualités dans le contexte du monde complexe des procédures criminelles. S'appuyant sur une lecture deForrester v. Peel (Regional Municipality) Police Services Board et al., soit une décision récente où une prisonnière transsexuelle alléguait avoir subi une discrimination en raison de son sexe, cet article fait le lien entre les fouilles à nu et un système plus large de pouvoir corporel. Les corps « trans » sont ciblés non seulement parce qu'ils sont perçus comme différents mais aussi parce que cette différence symboli

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26

Fahim, Alijan. "Criminal Security Orders and Judicial Supervision in Canadian and Afghan Law." Scientific-Research Quarterly Journal of Law Knowledge 2, no. 5 (2024): 81–104. https://doi.org/10.62134/srqjl/v2.i5.202412.5.

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The main topics discussed in this article essentially include two points. First, the adoption of measures for the release of suspected and accused, which can be achieved through release with a verbal commitment, obtaining a summons guarantee (guarantee by another one), and financial guarantees. These measures, which are implemented in support of the freedom of the suspected and the accused, are prioritized in both the Canadian and Afghan legal systems. The second point concerns stricter measures, such as the detention of suspected and accused. This measure is applied for protecting the interes

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27

Price, Daniel M. "United States v. Stuart." American Journal of International Law 83, no. 4 (1989): 918–23. http://dx.doi.org/10.2307/2203382.

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In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and bec

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28

Mykhalovskiy, Eric, and Glenn Betteridge. "Who? What? Where? When? And with What Consequences? An Analysis of Criminal Cases of HIV Non-disclosure in Canada." Canadian journal of law and society 27, no. 1 (2012): 31–53. http://dx.doi.org/10.3138/cjls.27.1.031.

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AbstractThe use of criminal-law powers to respond to people with HIV who place others at risk of HIV infection has emerged as a focal point of AIDS advocacy at global, national, and local levels. In the Canadian context, reform efforts that address the criminalization of HIV non-disclosure have been hampered by the absence of data on the contours, scale, and outcomes of criminalization. This article responds to that gap in knowledge with the first comprehensive analysis of the temporal trends, demographic patterns, and aggregate outcomes of Canadian criminal cases of HIV non-disclosure. The au

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29

Rico, José M. "Le droit de punir." Théories et recherches 19, no. 1 (2005): 113–40. http://dx.doi.org/10.7202/017229ar.

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The main objective of this essay is to put forward some ideas in the right to punish. These ideas are put in the Canadian context and in relation to the criminal law. The criminal procedure and the criminal justice system. The first part defines the proper concepts : aims, justifications, scopes, limits and interconnections. Results cannot be properly evaluated if the basic definitions are not clear and precise. The second part presents a model for the revision and reform of criminal policies and practices. This model is based on a study of drug legislations and practices.

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30

Megan Capp and Yvon Dandurand. "Supporting Children Whose Parents are in Conflict with the Law through the Convention on the Rights of the Child: Honouring the Legacy of Hon. Landon Pearson." Canadian Journal of Children's Rights / Revue canadienne des droits des enfants 11, no. 1 (2024): 15–37. http://dx.doi.org/10.22215/cjcr.v11i1.4819.

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Hon. Landon Pearson was a lifelong dedicated advocate for children, both in Canada and abroad. Her contributions to advancing children’s rights in Canada were unparalleled and, notably, included ensuring Canada’s policies and practices were in line with the country’s international commitments through the United Nations Convention on the Rights of the Child (CRC). To honour her legacy, we examine how the principle of the best interests of the child ought to be applied when decisions are made within the criminal justice system concerning offenders with parental responsibilities. While it is incr

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31

Nazaretian, Zavin, and David M. Merolla. "Questioning Canadian Criminal Incidence Rates: A Re-analysis of the 2004 Canadian Victimization Survey." Canadian Journal of Criminology and Criminal Justice 55, no. 2 (2013): 239–61. http://dx.doi.org/10.3138/cjccj.2012.e18.

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32

Pratt, Marcus, and Trevor CW Farrow. "Exploring the Importance of Criminal Legal Aid: A Canadian Perspective." Windsor Yearbook of Access to Justice 39 (November 7, 2023): 123–44. https://doi.org/10.22329/wyaj.v39.8359.

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There is a growing global recognition that, in order to address the current access to justice crisis, more research, together with a better understanding of data, is needed. This article, through an examination of existing legal aid research primarily in the area of criminal law, explores some of what we know and do not know about the relative benefits and costs of providing different kinds of criminal legal aid services. Although not a comprehensive review of all available research, this article identifies data strengths and gaps and the need for further research and reforms.

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33

Evans, Catherine L. "Heart of Ice: Indigenous Defendants and Colonial Law in the Canadian North-West." Law and History Review 36, no. 2 (2018): 199–234. http://dx.doi.org/10.1017/s0738248017000657.

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In 1885, in the midst of the North-West Resistance in which Indigenous people took up arms against the colonial Canadian state, three Cree men executed an elderly Cree woman. At their trial for murder, the defendants were found guilty. They avoided execution because colonial authorities became convinced that they believed that their victim was a wendigo, a cannibal spirit. Killing a wendigo was justified under Cree law and so, argued one judge, the defendants lacked the mens rea necessary to sustain a murder conviction. The history of this case shows the limits of colonial legal jurisdiction a

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34

Piñero, Verónica B. "The Semantics of Repression: Linking, Opposing, and Linking again Rehabilitation and Protection of Society." Revue générale de droit 36, no. 2 (2014): 189–263. http://dx.doi.org/10.7202/1027109ar.

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Having explored the youth criminal legislation enacted by the Canadian federal government from the year 1857 to the year 2005, the author attempts to demonstrate that youth criminal intervention has moved from the notion of "child protection" to the notion of "protection of society." The significance of this theoretical shift is that, while the former sort of intervention is mostly concerned with the notions of "reintegration" and "inclusion", the latter is concerned with the notions of "deterrence" and "exclusion." For this study, the author first analyzes the societal factors that led Canadi

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35

Nesbitt, Michael. "Violent crime, hate speech or terrorism? How Canada views and prosecutes far-right extremism (2001–2019)." Common Law World Review 50, no. 1 (2021): 38–56. http://dx.doi.org/10.1177/1473779521991557.

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Fifty-six individuals were charged with terrorism between December 2001 when Canada first enacted its antiterrorism criminal offences and December 2019. Not a single such individual was associated with a far-right group or espoused a far-right ideology. Over the same period of time, Canada saw a rise in far-right violence and crime, including several deadly attacks that raised the spectre of terrorism. This article seeks to identify why terrorism has not been associated with the activities of those on the far right, how Canada has prosecuted far-right violence if not for terrorism and what the

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36

Stalker, M. Anne. "Self-Defence and Consent: The Use of Common Law Developments in Canadian Criminal Code Analysis." Alberta Law Review 32 (June 1, 1994): 484. http://dx.doi.org/10.29173/alr1170.

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37

Allen, Derek. "Evidence, Persuasion and Diversity." Informal Logic 40, no. 2 (2020): 237–54. http://dx.doi.org/10.22329/il.v40i2.6329.

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My topic is the theme of the E-OSSA 12 conference, namely Evidence, Persuasion and Diversity. I will present relevant material from a selection of Canadian legal cases, along with background information as needed and commentary. My primary focus will be on two landmark Supreme Court of Canada cases—an Aboriginal law case and a case that was both a constitutional law case and a criminal law case.

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38

Davis, Simon. "Changes to the Criminal Code Provisions for Mentally Disordered Offenders and their Implications for Canadian Psychiatry." Canadian Journal of Psychiatry 38, no. 2 (1993): 122–26. http://dx.doi.org/10.1177/070674379303800210.

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Bill C-30, implemented in February 1992, made a number of significant changes to the Criminal Code provisions concerning the assessment, treatment and disposition of mentally disordered persons charged with a crime, including persons considered to be unfit to stand trial or pleading insanity. The changes deal mainly with procedural law and the civil rights of persons being assessed or held in custody, and put limits on where, how long and for what purpose persons may be detained. The new law abolishes the automatic, indeterminate detention of persons found unfit to stand trial or not criminall

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39

Sargent, Neil. "Law, Ideology and Corporate Crime: A Critique of Instrumentalism." Canadian journal of law and society 4 (1989): 39–75. http://dx.doi.org/10.1017/s0829320100001538.

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AbstractThe paper explores the limitations of class instrumentalist analyses of law in accounting for the failure of the criminal justice system to control corporate crime. The first part of the paper examines current theoretical perspectives in Canadian corporate crime research, with particular emphasis on the class instrumentalist analyses of law which predominate in the literature. The remainder of the paper seeks to develop a critical analysis of corporate crime which avoids the reductionism of such class instrumentalist analyses. In particular, it is argued that attempts to theorize the f

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40

Sassòli, Marco, and Marie-Louise Tougas. "International Law Issues Raised by the Transfer of Detainees by Canadian Forces in Afghanistan." McGill Law Journal 56, no. 4 (2011): 959–1010. http://dx.doi.org/10.7202/1005850ar.

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The transfer of Afghan detainees to Afghan authorities by Canadian forces raised concerns in public opinion, in Parliament, and was the object of court proceedings and other enquiries in Canada. This article aims to explore the rules of international law applicable to such transfers. The most relevant rule of international humanitarian law (IHL) applies to prisoners of war in international armed conflicts. However, the conflict in Afghanistan, it is argued, is not of an international character. The relevant provision could nevertheless apply based upon agreements between Canada and Afghanistan

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41

Kaye, Julie, and Bethany Hastie. "The Canadian Criminal Code Offence of Trafficking in Persons: Challenges from the Field and within the Law." Social Inclusion 3, no. 1 (2015): 88–102. http://dx.doi.org/10.17645/si.v3i1.178.

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Despite early ratification of the United Nations Trafficking in Persons Protocol, the <em>Criminal Code</em> offence of trafficking in persons in Canada has received little analytical or interpretive attention to date. Adopted in 2005, this offence has resulted in successful convictions in a limited number of cases and criminal justice authorities have continued to rely on alternate or complementary charges in cases of human trafficking. In particular, prosecutions for cases involving non-sexual labour trafficking remain extremely low. This article provides a socio-legal examinatio

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42

White, Diane V. "Sports Violence as Criminal Assault: Development of the Doctrine by Canadian Courts." Duke Law Journal 1986, no. 6 (1986): 1030. http://dx.doi.org/10.2307/1372629.

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43

MacAlister, David. "Book Review: The Genetic Imaginary: DNA in the Canadian Criminal Justice System." International Criminal Justice Review 16, no. 2 (2006): 125–26. http://dx.doi.org/10.1177/1057567706290539.

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44

Lafrance, Sébastien. "Sentencing Youth in Canada: A Suitable Balanced Approach for Vietnam or Falling from Charybdis to Scylla?" Vietnamese Journal of Legal Sciences 5, no. 2 (2021): 1–15. http://dx.doi.org/10.2478/vjls-2021-0011.

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Abstract This paper examines the sentencing regime that applies to the youth in Canada. The origins, history, evolution and challenges that faced this sentencing regime are reviewed. Its comparison with its Vietnamese counterpart allows the author to identify specific elements that could perhaps be improved in Vietnam not forgetting the many relevant differences that exist between the Canadian and Vietnamese criminal law systems. The author submits that the Canadian experience regarding youth sentencing should be considered as a good example for Vietnam.

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45

Sutherland, Kate. "Book Reviews, The Common Law Tort of Defamation, and the Suppression of Scholarly Debate." German Law Journal 11, no. 6 (2010): 656–70. http://dx.doi.org/10.1017/s2071832200018782.

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Professor Joseph Weiler will soon stand trial for criminal libel in France for refusing to remove a book review from a website associated with an academic journal for which he serves as editor. His case has disturbing implications for all those who write, edit, and publish critical scholarly work. In this article, I explore those implications for Canadian scholars at home and as members of a global scholarly community. I assess the likelihood of success of a similar complaint under Canadian defamation law, and I consider the impact of libel chill and libel tourism. I conclude that although the

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46

Giberson, Emma R., Brooke Tracy, Laura Kabbash, Scott T. Ronis, Mary Ann Campbell, and Lena Gryshchuk. "Section 19 Conferencing in the Canadian Youth Criminal Justice System." Canadian Journal of Criminology and Criminal Justice 65, no. 2 (2023): 97–118. http://dx.doi.org/10.3138/cjccj.2022-0044.

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Under the authority of the Youth Criminal Justice Act (YCJA), Section 19 conferences aim to bring together relevant professionals to discuss diversionary and rehabilitation options for Canadian youth involved in the justice system. However, these options’ use and process has not been examined at the local level where practices may vary from the national vision. To offer insight into their use and processes, the current study used semi-structured qualitative interviews with 40 service providers engaged in Section 19 conferences in New Brunswick, Canada. Although there was perceived value in the

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47

Swainger, Jon. "Book Review: Essays in the History of Canadian Law: Crime and Criminal Justice." International Criminal Justice Review 6, no. 1 (1996): 134–36. http://dx.doi.org/10.1177/105756779600600112.

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48

Sosnow, Clifford R. "Canadas Sanctions Regime Regarding Iran: How Much has Changed in a Post-Joint Comprehensive Plan of Action Regulated Market?" Global Trade and Customs Journal 11, Issue 3 (2016): 140–45. http://dx.doi.org/10.54648/gtcj2016015.

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The negotiation of the Joint Comprehensive Plan of Action (‘JCPOA’) further to the United Nations Security Council (‘UNSC’) Resolution of 20 July 20151 (‘July 2015 UNSC resolution endorsing the JCPOA’) portends, on full implementation, several significant changes affecting commercial and financial transactions in and with Iran.2 However, for anyone in Canada and Canadians abroad, the question is whether the JCPOA will result in a repositioning of Canadian sanctions compliance regarding Iran to respond to this evolving Iran sanctions regime. This article will explain that although there will be

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49

Campbell, Kathryn M. "The Right to Silence and the Pendulum Swing: Variations in Canadian and Scottish Criminal Law." Wrongful Conviction Law Review 1, no. 3 (2020): 291–313. http://dx.doi.org/10.29173/wclawr37.

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The right to silence is afforded to suspects in criminal cases as part of a number constitutional protections contained within Canadian law through the Charter of Rights and Freedoms. It is closely linked to other such rights, including the right to counsel, the right against self-incrimination and the presumption of innocence. Moreover, in some cases, the denial of this right has resulted in convictions in error through false confessions and wrongful convictions. Decisions by the Supreme Court in Canada in recent times can be viewed as a slow encroachment onto individual Charter rights in fav

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Howes, David. "Introduction : Culture in tne Domains of Law." Canadian journal of law and society 20, no. 1 (2005): 9–29. http://dx.doi.org/10.1353/jls.2006.0010.

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Abstract:

In their introduction to Law in the Domains of Culture, Austin Sarat and Thomas Kearns write: “[l]aw and legal studies are relative latecomers to cultural studies. To examine [law in the domains of culture] has been, until recently, a kind of scholarly transgression.” The same could be said in reverse: cultural studies (including anthropology) are a relative latecomer to law and legal studies, but in the last few decades there has been a striking irruption of cultural discourse in the domain of law.It is as if the acquisition of some degree of “cultural competence” has become a duty in legal c

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