Journal articles on the topic 'Canadian law enforcement'
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1
Nicholls, Christopher C. "Civil Enforcement in Canadian Securities Law." Journal of Corporate Law Studies 9, no. 2 (October 2009): 367–408. http://dx.doi.org/10.1080/14735970.2009.11421546.
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Alvarez, Henri C. "The Implementation of the New York Convention in Canada." Journal of International Arbitration 25, Issue 6 (December 1, 2008): 669–79. http://dx.doi.org/10.54648/joia2008054.
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The New York Convention came into force in Canada on August 10, 1986. Together with the UNCITRAL Model Law, the Convention provides the legal framework in Canada for the recognition and enforcement of foreign arbitral awards. This article examines the implementation of the New York Convention in Canada and discusses key court decisions interpreting Article V of the Convention. The articles suggests that the adoption of the New York Convention by all Canadian provinces and territories, as well as the apparent reluctance of Canadian courts to refuse enforcement under Article V, indicates a generally favourable attitude toward the recognition and enforcement of foreign arbitral awards in Canada.
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Roach, Kent. "Improving Law Enforcement and Indigenous Relations." Journal of Intelligence, Conflict, and Warfare 4, no. 1 (June 14, 2021): 153–56. http://dx.doi.org/10.21810/jicw.v4i1.2841.
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On February 18, 2021, the Canadian Association for Security and Intelligence Studies (CASIS) Vancouver hosted its second digital roundtable of 2021, where Law Professor, Kent Roach from the University of Toronto presented on Improving Law Enforcement and Indigenous Relations. The presentation was followed by a question and answer period with questions from the audience and CASIS executives.
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Kenny, David. "RE FLIGHTLEASE: THE ‘REAL AND SUBSTANTIAL CONNECTION’ TEST FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS FAILS TO TAKE FLIGHT IN IRELAND." International and Comparative Law Quarterly 63, no. 1 (January 2014): 197–212. http://dx.doi.org/10.1017/s0020589313000481.
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AbstractThe common law rules for recognition and enforcement of foreign judgments were radically reformulated by the Canadian Supreme Court in Beals v Saldanha. Few other common law jurisdictions have considered whether or not to follow Canada in this development in private International Law. In 2012, the Irish Supreme Court definitively rejected the Canadian approach. This note examines the judgment in that case, and assesses the reasoning of the Irish Court.
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Gilmore, William C. "Hot pursuit and constructive presence in Canadian law enforcement." Marine Policy 12, no. 2 (April 1988): 105–11. http://dx.doi.org/10.1016/0308-597x(88)90038-3.
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Martin, Krystle, Alifa Siddiqui, Rosemary Ricciardelli, Liana Lentz, and R. Nicholas Carleton. "Differences in Mental Health, Help-Seeking and Barriers to Care Between Civilians and Sworn Members Working in Law Enforcement: A Research Note." Journal of Police and Criminal Psychology 36, no. 3 (February 27, 2021): 627–33. http://dx.doi.org/10.1007/s11896-021-09437-y.
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Abstract Recent Canadian research indicates 44.5% of public safety personnel (PSP) self-report symptoms consistent with at least one type of mental disorder; however, researchers have typically not focused on the mental wellness of civilians working within PSP sectors. Given that the number of civilians working in Canadian law enforcement organizations has doubled since 2003, with more than 30% of all police personnel in Canada being civilians, more research is needed to support this understudied sub-population within law enforcement. The current study used a survey to compare civilian members (n = 80) and sworn (n = 112) police officers working within a law enforcement organization on issues regarding mental disorders, perceived barriers to care and help-seeking behaviours. Results indicate that civilian members self-report a high prevalence of mental disorders and lower resilience compared with police officers in the same organization. Civilians reported similar barriers to accessing mental health compared with police officers but were less likely to indicate willingness to access supports within their place of employment. Our results support the need for equitable access to mental health resources for civilian staff working within law enforcement organizations.
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Judge, Elizabeth F., and Saleh Al-Sharieh. "Join the Club: The Implications of the Anti-Counterfeiting Trade Agreement's Enforcement Measures for Canadian Copyright Law." Alberta Law Review 49, no. 3 (March 1, 2012): 677. http://dx.doi.org/10.29173/alr113.
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The Anti-Counterfeiting Trade Agreement (ACTA) is the most recent international agreement by which Canada and other countries have sought to strengthen the protection and enforcement of intellectual property rights. While it was originally feared that ACTA would impose obligations that are in tension with the principles of Canadian copyright law, the final outcome of the ACTA negotiations moderated or removed many of the most controversial provisions in the agreement and thus has alleviated many of the concerns about the impact of ACTA on Canadian copyright law. Canada has taken the first steps toward satisfying ACTA’s copyright obligations with Bill C-11, the Copyright Modernization Act, which addresses some of the agreement’s digital copyright measures. Some legislative change still remains before Canada will have fully met ACTA’s copyright obligations, in particular to enhance the powers of customs and border authorities to enforce intellectual property rights. This article discusses ACTA’s evolution, negotiations, final text, and the extent of its rightsholder orientation. It then details the differences between ACTA’s provisions and the current Canadian Copyright Act, as amended by the Copyright Modernization Act, identifies which obligations in ACTA require further amendment, and suggests how these obligations may best be implemented to reflect important values and principles underlying Canadian copyright law.
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Burnett, Brian M., Daphne Hart, Bjorn N. Jorgensen, and Gregory W. Martin. "Multiple Regulators and Accounting Restatements: Evidence from Canada." Journal of International Accounting Research 18, no. 2 (June 1, 2019): 3–29. http://dx.doi.org/10.2308/jiar-52494.
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ABSTRACT Canada delegates securities regulation to the provincial securities regulators where each Canadian firm is headquartered. Legal origin theories predict weaker enforcement due to less emphasis on accounting in civil law jurisdictions, like Quebec. Consistent with these theories, we find fewer restatements for non-U.S. cross-listed firms headquartered in Quebec relative to the rest of Canada (ROC), which has a common law legal origin. When subject to two securities regulators—a Canadian provincial securities regulator and the Securities and Exchange Commission—Quebec firms cross-listed in the U.S. restate at a rate similar to the ROC. Finally, we document that Canadian firms restate less frequently after adopting IFRS, consistent with more principles-based standards being more difficult to enforce ex post than more rules-based standards.
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Lucki, Brenda. "Repairing the Relationship between Law Enforcement and the Public." Journal of Intelligence, Conflict, and Warfare 4, no. 3 (February 11, 2022): 185–91. http://dx.doi.org/10.21810/jicw.v4i3.4184.
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On November 25, 2021, Commissioner Brenda Lucki of the Royal Canadian Mounted Police (RCMP), presented Repairing the Relationship between Law Enforcement and the Public at the 2021 CASIS Vancouver West Coast Security Conference. The primary focus of Commissioner Lucki’s presentation was the law enforcement agency’s initiative and pathways to re-earn the public’s trust and strengthen bonds. The presentation was followed by a question and answer period with questions from the audience and CASIS Vancouver executives.
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Blyschak, Paul. "Corporate Liability for Foreign Corrupt Practices under Canadian Law." McGill Law Journal 59, no. 3 (May 21, 2014): 655–705. http://dx.doi.org/10.7202/1025141ar.
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Compliance with, and risk management in respect of, foreign anti-corruption law has quickly become a priority for Canadian corporations with international operations or assets. This article tracks this rapid evolution in Canadian corporate culture and compliance through a broad examination of corporate liability for foreign corrupt practices under Canadian law. Rather than merely conduct a review of the law governing corporate liability for foreign corrupt practices under Canadian law, however, this article also highlights a number of unresolved, problematic, or more complex areas of such law. This review does not purport to the exhaustive; nor does it presume offer definitive answers to the numerous questions posed. Rather, given the recent acceleration of the enforcement of the CFPOA by Canadian authorities, the aim of this article is to contribute novel legal analysis to an increasingly important area of corporate law and practice.
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Podshivalova, Daria Yakovlevna. "Financial-legal means of countering unscrupulous practices of business fragmentation in Canada." Налоги и налогообложение, no. 2 (February 2021): 85–92. http://dx.doi.org/10.7256/2454-065x.2021.2.34822.
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Countering the practice of conducting business through several companies for obtaining tax benefits, or in other words, the practice of businesses is fragmentation is a relevant problem not only in the Russian Federation, but also foreign countries. Namely in Canada, small business are qualified for reduction in corporate tax – small business deduction (SBD). At the same time, it substantiated the need for the development of special financial-legal means for preventing taxpayers from misusing it. This article examines the Canadian experience of countering business fragmentation, and discusses various legal means implemented by the Canadian legislator. Special attention is given to the analysis of law enforcement practice of these legal means, including introduction of the “deemed association rule” (Paragraph 2.1, Section 256 of the Law “On Income Tax”). Foreign experience pertinent to legal regulation of countering the practice of business fragmentation has not previously become the subject of detailed analysis, which defines the scientific novelty of this article. The conclusion is made that Canada has a separate legal regulation in form of the general and special rules aimed at prevention of unscrupulous practices of business fragmentation. The Canadian tax authorities may apply certain special norms prior to resorting to broader discretion. Application of the “deemed association rule” based on determination of the purpose of separate existence of corporations, draws particular attention. The Canadian law enforcement practice developed the approach, according to which the implementation of this rule should be founded on the objective component and documentary evidence.
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Oluyeju, M., and O. Oluyeju. "Legal Protection of Investors from the Corporate Malfeasance of Insider Dealings: A South African-Canadian Comparative Review." BRICS Law Journal 9, no. 1 (April 18, 2022): 136–67. http://dx.doi.org/10.21684/2412-2343-2022-9-1-136-167.
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Ensuring market discipline, integrity, and transparency with the overall aim of protecting the investing public is critical to the wellness of a capital market and a financial system. However, one corporate ill besetting the securities markets in all jurisdictions is insider trading. Apart from being unethical, insider trading disrupts market dynamics. In South Africa, over the years, successive Acts have been enacted, amended, and repealed to ensure discipline and protect the integrity of the nation’s securities market. In 2012, the Financial Markets Act of 2012 (FMA) was enacted to improve, among others, the enforcement of insider trading regulation in South Africa. However, the regulation of insider trading and its enforcement in terms of the FMA have been insufficient. This article therefore seeks to benchmark the South African position against Canadian model with the objective of drawing lessons for South Africa. The choice of Canada was informed by the fact that Canada has a well-developed anti-insider trading regulatory framework and presents a case study of international best practices in the regulation of insider trading. Therefore, the conclusion in this article is that with creative and appropriate reforms of the FMA, using the Canadian model, the investing public will be adequately protected against insider trading, and investors’ confidence and the financial markets’ integrity and efficiency will be better enhanced.
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Harrington, Joanna. "The Role for Human Rights Obligations in Canadian Extradition Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 45–100. http://dx.doi.org/10.1017/s0069005800008742.
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SummaryTo secure greater inter-state cooperation in criminal law enforcement, Canada has entered into a number of extradition treaties. Yet alongside this network of extradition treaties lies a network of human rights treaties to which Canada has also agreed to be bound. Given the inherently international nature of extradition, and the interconnection between Canada's human rights treaties and its obligations under the Canadian Charter of Rights and Freedoms, one would have thought that Canada's international human rights obligations might play some role in bolstering the protection afforded by the Charter to the rights of an individual facing extradition from Canada, even if the threshold for invoking the latter remains high. And yet, while a review of Canada's extradition jurisprudence for the past thirty years confirms that a role for human rights has emerged in Canadian extradition law, scant attention has been paid to Canada's international human rights treaty obligations as treaty obligations when deciding whether to extradite upon receiving a valid request. The author argues that if Canada's international human rights obligations were considered, along with Canada's domestic Charter obligations, greater guidance would be made available as to the appropriate balance of rights and obligations at stake, while also affording equal treatment to all of the treaty obligations relevant to extradition.
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Deveau, Lisa. "Law enforcement agencies’ approach to de-escalation: Incorporating a social services perspective." Journal of Community Safety and Well-Being 6, no. 2 (June 16, 2021): 66–70. http://dx.doi.org/10.35502/jcswb.182.
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In this critical review and social innovation narrative, we analyze the literature regarding Canadian law enforcement agencies’ approach to de-escalation and crisis intervention. Using an interdisciplinary approach, we consider how the skills and values of social work can be used to inform and train officers on essential skills such as de-escalation and conflict resolution. We look at the systemic barriers to bringing about change within Canadian police forces as the current culture continues to be influenced by colonization and law enforcement continues to value and endorse use of force over de-escalation. While services can benefit by applying an interdisciplinary lens when training officers, the factors that impede this union and collaboration are discussed and explored as police services are given immense discretion in how they train and respond to mental health crises. In conclusion, we examine the government’s role in perpetuating these issues.
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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 (December 21, 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 favour of the needs of law enforcement. In Scotland, until recently, while afforded a right to silence suspects could still be questioned for up to six hours without a lawyer present. While other measures existed to protect an individual’s right to a fair trial, such practices were out of step with the European Convention on Human Rights Article 6(1) right to a fair trial. In the decision in Cadder v HMA, greater protections to suspects were introduced regarding the right to silence and the right to counsel, and the Criminal Justice (Scotland) Act 2016 later consolidated the relevant law on this matter. The focus of this paper will be to examine how the right to silence in both Canadian and Scottish law has evolved through statute and case law and the implications of this for law enforcement practices, the protection of rights and the safety of convictions.
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Etoroma, Efa E. "The Deep Roots of Anti-Black Institutional Racism in Canada." Social Science, Humanities and Sustainability Research 1, no. 2 (September 25, 2020): p65. http://dx.doi.org/10.22158/sshsr.v1n2p65.
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Based on a review of existing literature, this paper discusses Canadian evidences of anti-Black institutional racism, the organizational “standard operating procedures” that adversely affect minorities by design or intent (“systematic racism”) or by the effect of exclusion or exploitation (“systemic racism”), with particular reference to education and law enforcement. This paper contends that anti-Black institutional racism in Canada is a superstructure whose core base is chattel slavery.
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Oxman, Bernard H., and Barbara Kwiatkowska. "ICJ jurisdiction under the optional clause—relevance of legality of acts to validity of reservation to jurisdiction made in contemplation of such acts—high seas—conservation and management measures." American Journal of International Law 93, no. 2 (April 1999): 502–7. http://dx.doi.org/10.2307/2998004.
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Fisheries Jurisdiction (Spain v. Canada), Jurisdiction.International Court of Justice, December 4, 1998.On May 10, 1994, Canada filed an amended declaration accepting the jurisdiction of the International Court of Justice (ICJ). New paragraph 2(d) excluded “disputes arising out of or concerning conservation and management measures taken by Canada with respect to vessels fishing in die NAFO Regulatory Area, as defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, 1978, and the enforcement of such measures.” Two days later, the Canadian Coastal Fisheries Protection Act (CFPA) and implementing regulations were amended to authorize the enforcement under certain circumstances of conservation measures applicable to foreign fishing vessels in the high seas areas to which the reservation adverted.
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West, Leah, and Craig Forcese. "Twisted into knots: Canada’s challenges in lawful access to encrypted communications." Common Law World Review 49, no. 3-4 (January 22, 2020): 182–98. http://dx.doi.org/10.1177/1473779519891597.
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This article addresses the Canadian law governing ‘lawful access’ to potentially encrypted data-in-motion; that is, communications done through electronic means. This article begins by outlining the core agencies responsible for counterterrorism investigations in Canada, and the recent public debate and government consultation on encryption. Next, we identify how older laws designed for a different era may be leveraged to force service and platform providers to assist law enforcement and the Canadian Security Intelligence Service by decrypting communications and data. We will also touch on the legal capacity of these organizations to develop their own ‘workarounds’, including the role of Canada’s signals intelligence agency, the Communications Security Establishment. Throughout, we highlight how Canada’s long-standing ‘intelligence to evidence’ problem affects and, arguably exacerbates, the encryption-prompted ‘going dark’ phenomenon and consequently impairs Canadian counterterrorism efforts. We predict legal reform resolving the ‘going dark’ issue will be impossible without modernization of Canada’s disclosure regime.
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Pratt, Anna C., and Jessica Templeman. "Jurisdiction, Sovereignties and Akwesasne: Shiprider and the Re-Crafting of Canada-US Cross-Border Maritime Law Enforcement." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 33, no. 3 (December 2018): 335–57. http://dx.doi.org/10.1017/cls.2018.26.
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AbstractAgainst the historical backdrop of the sinking of the Canadian rum-running schooner theI’m Aloneby the US Coast Guard in 1929, this paper examines the re-crafting of maritime jurisdictional practices in the 2000s through the Canada-US Cross-Border Maritime Law Enforcement Program known as Shiprider. Thinking jurisdictionally and taking seriously the materiality of the water, we explore the significance of Shiprider’s patrols in the local context of Kaniatarowano’on:we (St. Lawrence River) which flows through Akwesasne Mohawk Territory, an indigenous border nation cleaved by the Canada-US international border where local communities contend with and continue to refuse imposed colonial settler boundaries.
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Millar, Hayli, and Tamara O’Doherty. "Racialized, Gendered, and Sensationalized: An examination of Canadian anti-trafficking laws, their enforcement, and their (re)presentation." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 35, no. 1 (April 2020): 23–44. http://dx.doi.org/10.1017/cls.2020.2.
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AbstractIn Canada, there are persistent allegations and some empirical evidence suggesting racialized police bias; certain (non-White) groups appear to face over-enforcement as criminal suspects and under-enforcement as victims. Yet, it is challenging to prove or disprove these claims. Unlike other countries, where governments routinely publish police-reported crime and criminal court data identifying the race/ethnicity of criminal suspects and victims, Canada maintains a ban on the publication of such data. In this article, using an intersectional and critical analysis, we examine 127 prosecuted (predominantly domestic sex) trafficking cases and explore related claims of racial and gender bias together with sensationalism in the enforcement of Canadian anti-trafficking in persons laws. Our findings align with other empirical research observing the racially selective identification and prosecution of sex trafficking cases through a heteronormative and gender binary lens. Whether real or perceived, racial—alongside gender, sexuality, economic, citizenship, and occupational—bias has significant adverse consequences for the equality, liberty, security, mobility, labour, and access to justice rights of the Indigenous, Black, Arab/Muslim and other racialized communities being policed. Our data reveal a clear and pressing need to publish race-disaggregated crime and criminal court data and to challenge deeply ingrained stereotypes using various means.
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Deveau, Lisa. "Police De-Escalation Training & Education: Nationally, Provincially, and Municipally." Journal of Community Safety and Well-Being 6, no. 1 (March 19, 2021): 2–5. http://dx.doi.org/10.35502/jcswb.183.
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In this critical review and social innovation narrative, the current literature on de-escalation and policing is reviewed. The following explores how services train recruits and experienced officers on de-escalation, conflict resolution, and crisis intervention skills. A limited environmental scan was completed to inquire about the number of hours dedicated to de-escalation training compared with tactical and combative training within Ontario law enforcement agencies. The environmental scan also considered how services respond to imminent mental heath crises, as some services rely on mental health professionals to respond to 911 emergencies with police officers, through the Mobile Crisis Team. Within the literature, questions are proposed about the government’s role in overseeing policing, and why there fails to be any federally or provincially mandated training and approach to mental health and de-escalation within Canadian law enforcement. The author ultimately advocates for systemic change by highlighting the priorities, values, and contradictions within Canadian police services which have been influenced by colonization and patriarchal narratives.
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Mytrunec, Michael. "Canadian Narcotics Policy: A Relic of Settler Colonialism." Political Science Undergraduate Review 4, no. 1 (April 21, 2019): 58–64. http://dx.doi.org/10.29173/psur108.
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In this paper, I examine the formation and enforcement of Canadian narcotics policy through the lens of settler colonialism. By examining the rationale for Canadian policies towards opium, cannabis, and quat, I challenge the notion that public health and safety played a material role the formation of Canadian narcotics policy. Rather, racialized targeting of minority groups was a key driver for creating laws to prohibit certain narcotics and incidentally target undesirable subcultures. Evidence that punitive and enforcement-oriented strategies for controlling narcotic drugs are ineffective have frequently been met by the continuation of these very strategies, further undermining the stated purposes for enacting strict drug laws. Language of “law and order” and the propensity to crack down on drug users, coupled with racial profiling and police biases, has continued the disproportionate racial impacts of drug laws, and the successes of narcotics policy in entrenching the status quo have outweighed their failures in reducing drug consumption. I conclude that, as it exists currently, Canadian narcotics policy is inseparable from Canada’s past as a settled, colonial nation-state.
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Rigakos, George S., and David R. Greener. "Bubbles of Governance: Private Policing and the Law in Canada." Canadian journal of law and society 15, no. 1 (April 2000): 145–85. http://dx.doi.org/10.1017/s0829320100006220.
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AbstractIn the last three decades, the public-private organization of policing in Canada has undergone significant change. It is now common sociological knowledge that there has been formidable growth in private security alongside evolving forms of private governance. These changing social relations have resulted in the prominence of actuarial practices and agents to enforce them. This paper examines how the Canadian socio-legal context affects and is affected by both private security and new, more aggressive, ‘parapolicing’ organizations. We update the state of knowledge on the powers of private security personnel by examiningCriminal Codeprovisions in apost-Charterlegal environment, comparing provincial trespass Acts, and analyzing how one aggressive ‘Law Enforcement Company’ as well as other private security firms, more generally, are both enabled and constrained by these legal provisions.
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Price, Daniel M. "United States v. Stuart." American Journal of International Law 83, no. 4 (October 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 because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.
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David, Jean-Denis, and Megan Mitchell. "Contacts with The Police and The Over-Representation of Indigenous Peoples in The Canadian Criminal Justice System." Canadian Journal of Criminology and Criminal Justice 63, no. 2 (September 1, 2021): 23–45. http://dx.doi.org/10.3138/cjccj.2020-0004.
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There is abundant evidence of the over-representation of Indigenous peoples in Canadian correctional facilities but, there is, however, limited research on the over-representation of Indigenous peoples at other stages of the criminal justice system. This article examines self-reported contacts with the police by Indigenous peoples in Canada as a way to broaden our understanding of their over-representation in the criminal justice system. Settler colonialism is used as a theoretical framework to better assess the various processes by which Indigenous peoples and police may come into contact. Using data from the 2014 General Social Survey, we quantitatively examine the prevalence of various types of police contacts for Indigenous and non-Indigenous respondents. Results suggest that Indigenous peoples are more likely to encounter the police for a variety of reasons including for law enforcement reasons, for non-enforcement reasons, including being a victim or a witness to a crime, and for behavioural health-related issues. Results are discussed within the context of historical and ongoing settler colonial practices and the over-representation of Indigenous peoples in the criminal justice system.
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Owusu-Bempah, Akwasi. "Where Is the Fairness in Canadian Cannabis Legalization? Lessons to be Learned from the American Experience." Journal of Canadian Studies 55, no. 2 (July 1, 2021): 395–418. http://dx.doi.org/10.3138/jcs-2020-0042.
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Canada has received praise and international attention for its departure from strict cannabis prohibition and the introduction of a legal regulatory framework for adult use. In addition to the perceived public health and public safety benefits associated with legalization, reducing the burden placed on the individuals criminalized for cannabis use served as an impetus for change. In comparison to many jurisdictions in the United States, however, Canadian legalization efforts have done less to address the harms that drug law enforcement has inflicted on individuals and communities. This article documents the racialized nature of drug prohibition in Canada and the US and compares the stated aims of legalization in in both jurisdictions. The article outlines the various reparative measures being proposed and implemented in America and contrasts those with the situation in Canada, arguing, furthermore that the absence of social justice measures in Canadian legalization is an extension of the systemic racism perpetuated under prohibition.
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Howes, David. "Introduction : Culture in tne Domains of Law." Canadian journal of law and society 20, no. 1 (April 2005): 9–29. http://dx.doi.org/10.1353/jls.2006.0010.
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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 circles. Not only are there seminars and courses in “cultural sensitivity” for judges, lawyers, and law enforcement officers, but “the culture concept” now informs many judicial decisions regarding Aboriginal rights, and “the cultural defense” (while hotly contested by some, and still lacking official approbation) has become a feature of numerous criminal trials involving immigrants. Interestingly, the Canadian Charter of Rights and Freedoms refers to “the multicultural heritage of Canadians”, and makes the preservation and enhancement of this heritage a condition of its own interpretation.
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Thompson, Andrew S. "Canada, human rights, and the future of the liberal international order." International Journal: Canada's Journal of Global Policy Analysis 73, no. 2 (June 2018): 299–307. http://dx.doi.org/10.1177/0020702018788550.
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Human rights—specifically international human rights law—have been central to the success of the liberal international order. But since the founding of the United Nations (UN), Canada has had a complicated relationship with international human rights law. This article provides a survey of sixty years of Canadian human rights diplomacy at the UN Commission on Human Rights, from its establishment in 1946 to its dissolution in 2006. During this period, there were moments when Canada did champion new international law, and did so courageously. Yet there were others, such as during negotiations to recognize and codify the rights of Indigenous peoples, when it stood in the way of progress. But the international order that has served Canada so well since the end of the Second World War is under threat, due to a combination of shifts in the global balance of power, and critical challenges such as climate change. If it is to survive into the twenty-first century, advanced democracies such as Canada will need to lead in the development and enforcement of international human rights law, a role that governments in Ottawa have at various times been reluctant to play.
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Lowman, John. "Street Prostitutes in Canada: An Evaluation of the Brannigan-Fleischman Opportunity Model." Canadian journal of law and society 6 (1991): 137–64. http://dx.doi.org/10.1017/s0829320100001952.
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AbstractOn the basis of a review of research on prostitution and prostitution in law enforcement in Canada, Brannigan and Fleischman have argued that prostitution is as mainly adult occupation motivated by financial gain, not “pathological work undertaken by the emotionally damaged and the young.” In this paper, an alternative interpretation suggests, among other things, that: 1) although the majority of Canadian street prostitutes are adult, most of them began their careers as youths; 2) a much larger proportion of street prostitutes report childhood “sexual” and other “abuse” than do non-prostitutes; and 3) the “choice” to prostitute ought to be understood in terms of the social-structures which circumscribe that choice.
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Bachand, Frédéric. "Overcoming Immunity–Based Objections to the Recognition and Enforcement in Canada of Investor–State Awards." Journal of International Arbitration 26, Issue 1 (February 1, 2009): 59–87. http://dx.doi.org/10.54648/joia2009003.
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Canada’s State Immunity Act is problematic in that it does not clearly prevent foreign states from raising pleas of jurisdictional immunity to defeat applications seeking the recognition and enforcement of arbitral awards made against them. Worst, the Act can even be interpreted as allowing foreign states to raise such pleas to avoid obligations arising out of international awards. In this respect, Canadian law is clearly out of step with the law in force in jurisdictions that can truly be said to be wholehearted supporters of the international arbitration system, where such pleas are, quite rightly, unambiguously forbidden. While ideally the problem would be addressed through a legislative amendment, this article contends that it can be addressed through a dynamic and contextual interpretation of the Act’s provisions relating to the waiver exception.
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Nazzini, Renato. "Administrative enforcement, judicial review and fundamental rights in EU competition law: A comparative contextual-functionalist perspective." Common Market Law Review 49, Issue 3 (June 1, 2012): 971–1005. http://dx.doi.org/10.54648/cola2012036.
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This article examines whether the current institutional framework for the enforcement of EU competition law under Regulation 1/2003 is compatible with the principle of effective judicial protection. This question is answered by developing a test which takes into account, in a structured way, all the contextual factors of the case in the light of the objective pursued by the Legislature in enacting a given enforcement system. Comparative analysis of United States and Canadian constitutional law provides key insights for the development of such a test. This article concludes that the current system under Regulation 1/2003 is unconstitutional insofar as judicial review of Commission decisions by the EU courts is deferential. However, while the current trend is to move to a correctness standard of review across the board, a system in which a competition authority with sufficient safeguards of independence and impartiality of the decision-maker is subject to deferential judicial review in appropriately defined matters is more in line with the institutional balance between the European Commission and the EU courts envisaged by the EU Treaties and Regulation 1/2003, has advantages as a matter of policy over a system in which a court has the duty to review the merits of a first instance administrative decision, and would be compatible with the constitutional standards in force in leading common law systems such as the United States and Canada.
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Ingelson, Allan. "Plugging the holes—new Canadian and US regulations to reduce upstream methane emissions." Journal of World Energy Law & Business 12, no. 4 (June 23, 2019): 294–313. http://dx.doi.org/10.1093/jwelb/jwz014.
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Abstract In the USA and Canada where most of global shale oil and gas development has occurred, due to concerns about climate change the national governments have adopted new regulations to further significantly reduce national methane emissions from the upstream oil and gas industry. The 2016 US Environmental Protection Agency emissions standards and 2018 Canadian methane regulations build on decades old oil and gas conservation schemes to further reduce the volume of methane that is released from facility equipment leaks and venting. In Canada, venting methane at new oil and gas well sites is now prohibited. Operators are required to capture and use a much larger volume of natural gas than in the past. A negotiated settlement of the first US emissions reduction enforcement action was reached in April 2018. The facility operator agreed to pay a civil penalty of US $610,000 and spend a minimum of $2 million to install new technology at its facilities to further reduce methane emissions. The creative settlement agreement contains a comprehensive set of conditions to provide for a reduction in upstream industry emissions.
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Hahn, Hayley, Johanna Caldwell, and Vandna Sinha. "Applying Lessons from the U.S. Indian Child Welfare Act to Recently Passed Federal Child Protection Legislation in Canada." International Indigenous Policy Journal 11, no. 3 (September 4, 2020): 1–32. http://dx.doi.org/10.18584/iipj.2020.11.3.8206.
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Indigenous children are overrepresented in child protection systems in the United States and to an even greater degree in Canada. Canada has recently passed federal child welfare legislation, Bill C-92, with the goal of affirming the rights of Indigenous Peoples and establishing guidelines with respect to child and family services for Indigenous children. The aim of this article is to contribute to ongoing discussions about the recently passed Canadian legislation, drawing on lessons learned in the United States context. The Indian Child Welfare Act (ICWA), passed in the United States in 1978, has created a legislative paradigm, which in some cases has been bolstered by state-level provisions. The ICWA can provide helpful lessons to consider in Canada as the new legislation is implemented and amended over time. Specifically, we examine elements of the ICWA related to accessibility and compliance with the law, along with deeper analysis of state-level statutes related to adoption provisions in light of the phenomenon of transracial adoption of Indigenous children. As reactions to the Canadian federal law have been mixed, this policy analysis may be supportive of conversations regarding its further development, particularly related to funding and enforcement. On a broader level, considerations of Indigenous community jurisdiction over child and family policies within our discussion are relevant to various settler-colonial contexts.
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Ricciardelli, Rosemary, Michael Adorjan, and Dale Spencer. "Canadian Rural Youth and Role Tension of the Police: ‘It’s Hard in a Small Town’." Youth Justice 20, no. 3 (September 3, 2019): 199–214. http://dx.doi.org/10.1177/1473225419872406.
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This article presents findings from a case study examining youth perceptions of the police in rural areas of Eastern Canada. A total of 20 semistructured focus group discussions were conducted with 60 youth from Canadian rural Atlantic areas, who were purposively recruited, with groups stratified by age and gender. Discussions centered on role tension regarding the police’s role, that is, along a continuum between law enforcement and public protection versus community policing and crime prevention. Our discussions highlight the arguably ironic view that it is harder to maintain trust when there are strong personal relations with the police. Discussions highlight the ‘pros and cons’ of informal familiarity with police officers, especially the presence of school resource officers and policing in the context of monitoring youth on modes of transportation germane to rural Atlantic Canada (i.e. skidoos). Implications from this study suggest that when dealing with youth, identifying and addressing youth perceptions of the police role can help improve police–youth interactions.
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Radin, Margaret Jane. "ACCESS TO JUSTICE AND ABUSES OF CONTRACT." Windsor Yearbook of Access to Justice 33, no. 2 (March 6, 2017): 177. http://dx.doi.org/10.22329/wyaj.v33i2.4847.
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Mass-market standardized fine print (boilerplate) altering the rights of consumers is greatly expanding in today’s digital environment Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, which is the basis of justifiable contractual enforcement, and leads to democratic degradation because it undermines the basis of civil society and the rule of law. A brief comparison of US and Canadian common law suggests that Canada’s legal system is less willing to allow these inroads into access to justice. Dans le monde numérique d’aujourd’hui, l’insertion dans les conventions, ententes et contrats les plus communs de clauses standardisées en petits caractères, qui dénaturent les droits des consommateurs, est de plus en plus fréquente. Ces clauses passe-partout ont des répercussions sur l’accès à la justice lorsqu’elles suppriment le droit à la réparation d’un préjudice. Une telle suppression de droits mène à la dégradation normative parce qu’elle mine le consentement, qui est la base de l’exécution justifiable d’une obligation contractuelle, et à la dégradation de la démocratie parce qu’elle gruge la base de la société civile et la primauté du droit. Une brève comparaison de la common law des États-Unis et de celle du Canada laisse voir que le système juridique canadien est moins porté à permettre de tels empiètements sur l’accès à la justice.
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Robles, Marcy J. "Child Marriage and the Failure of International Law: a Comparison of American, Indian, and Canadian Domestic Policies." International and Comparative Law Review 18, no. 1 (June 1, 2018): 105–25. http://dx.doi.org/10.2478/iclr-2018-0028.
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Summary What is child marriage? The recognized definition does not adequately encompass the experience of child marriage. Child marriage stems from many elements, including coercion, force, and economic deprivation. Furthermore, child marriages have a long-term effect on child spouses, ranging from psychological damage, to health complications, to education and personal limitations. This paper argues that current international treaties and agreements do not specifically or directly address the issue of child marriage. Of those that make an attempt to, fail as a result of lack of enforcement or too much deference to religion as an exception of child marriage prohibition. In comparing three countries – The United States, India, and Canada, it is clear that Canadian policies work best and should be implemented on a larger scale. Current U.S. policies do not fully combat the child marriage phenomena, and although it is ahead of India in this area, it still has a long way to go in terms of development.
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Tosto, Frank, and Evan Nuttall. "Protecting Your Intellectual Capital in the Canadian Oil and Gas Industry." Alberta Law Review 50, no. 2 (December 1, 2012): 271. http://dx.doi.org/10.29173/alr251.
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Technological advancements are a key economic driver in the energy sector, particularly in the Alberta oil sands. Underlying the commercialization and use of such advancements are patents, trade secrets, and other intellectual property assets that can provide a competitive advantage in the energy sector. Appropriate planning and processes help maximize the advantage and minimize the risks associated with developing, protecting, licencing, enforcing, and otherwise leveraging intellectual property in the energy sector. This article includes a brief description of patents and trade secrets under Canadian intellectual property law. The article also includes a review of issues related to protecting patents and trade secrets, both in terms of developing the assets themselves and in terms of ensuring clarity of ownership with respect to employment and other contractual relationships between inventors and owners, as well as assignees, particularly within the context of joint ventures. Finally, the article provides a review of current Canadian law relevant to the enforcement of patents, with a focus on issues likely to arise in the litigation of patents for technology and trade secrets used in the oil and gas industry.
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Macklin, Audrey. "Multiculturalism meets privatisation: the case of faith-based arbitration." International Journal of Law in Context 9, no. 3 (September 2013): 343–65. http://dx.doi.org/10.1017/s1744552313000177.
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AbstractThe debate surrounding judicial recognition of faith-based arbitration is typically framed as a multicultural contest between the liberal, gender-equal neutrality of public law and the patriarchal particularity of religious law. Within this framework, the state is understood as advancing the goal of protecting the ‘encultured subject’ from the disempowering effects of her religion. The author departs from this trend by reading the Canadian controversy over Islamic family law arbitration against a legal landscape that already authorises and encourages parties to settle matters of property division and support through private ordering. The author argues that faith-based arbitration and its normative driver, multiculturalism, were already nested within the domain of privatisation and neoliberal ideals of choice, liberty and autonomy. Facilitation of private ordering in family law paved the way for faith-based arbitration. Through a close reading of Supreme Court of Canada family law jurisprudence about the enforcement of marital contracts, the author argues that concerns more properly directed at privatisation per se have been aimed at the putative content of religious norms. The author offers a policy proposal that addresses these concerns as they arise in the context of faith-based arbitration.
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Winterdyk, John. "Combating Human Trafficking at the Local Level: Better Informing (Inter)national Action Plans." International Annals of Criminology 55, no. 2 (November 2017): 220–36. http://dx.doi.org/10.1017/cri.2017.14.
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AbstractDespite increasing awareness of human trafficking in Canada (and internationally), there is limited knowledge about how local communities are responding to the experiences of trafficked persons. By focusing on the case of counter-trafficking responses in a major city in western Canada, this project represents the first Canadian attempt to document how a major urban centre is addressing human trafficking. The exploratory project surveyed 53 respondents representing agencies involved in the counter-trafficking response, which in various capacities serve individuals victimized by trafficking. Building on the survey findings, five focus group discussions were also conducted. The article suggests that, while a criminal justice framework is important for addressing human trafficking, local strategies will benefit from an emphasis on cross-sector collaboration that emphasizes the rights of the trafficked persons above the needs of law enforcement. Implications for (inter)national responses are also presented.
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Heckman, Gerald P. "Canada's Refugee Status Determination System and the International Norm of Independence." Refuge: Canada's Journal on Refugees 25, no. 2 (September 1, 2008): 79–102. http://dx.doi.org/10.25071/1920-7336.26033.
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Refugee protection decisions engage migrants’ fundamental life, liberty, and security of the person interests. As a result, refugee protection claimants enjoy institutional and procedural rights under conventional international law. These include the right to a fair adjudication of their protection claims by an independent tribunal. To be independent, a tribunal must meet the formal guarantees of security of tenure, financial security, and administrative independence and must actually be independent, in appearance and practice, from the executive and legislature, particularly in the appointments process. Refugee protection decisions must be made by first instance adjudicative bodies that either fully comply with the requirements of tribunal independence or whose decisions are subject to subsequent review by a tribunal that meets these requirements and has sufficient jurisdiction over the merits of the dispute. The Canadian refugee protection system fails, in certain respects, to meet international standards of independence. The Canadian Immigration and Refugee Board’s Refugee Protection Division enjoys statutory, objective badges of independence and appears to operate independently of the executive. However, the independence of Canadian officials engaged in eligibility determinations and in pre-removal risk assessments is very much in question because they have a closer relationship to executive law enforcement functions.
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Atak, Idil, Graham Hudson, and Delphine Nakache. "Policing Canada’s Refugee System: A Critical Analysis of the Canada Border Services Agency." International Journal of Refugee Law 31, no. 4 (December 2019): 464–91. http://dx.doi.org/10.1093/ijrl/eez040.
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Abstract The officers of the Canada Border Services Agency (CBSA) play pivotal roles at various stages in Canada’s refugee system, making decisions that are life-changing for asylum seekers. This article examines the evolving institutional setting and processes that define the CBSA’s enforcement policy and its consequences for asylum seekers in Canada. Drawing on the findings of field-research, conducted between October 2015 and May 2018 in three Canadian provinces (Ontario, British Columbia, and Quebec), it argues that the Agency operates in a specific social universe heavily shaped by the post-9/11 geopolitical context of the criminalization of migration. This situation has been exacerbated by the major overhaul of Canada’s refugee system, undertaken by the previous Conservative government in 2012. The article further contends that the way the CBSA has been involved in refugee status determination turns Canada’s refugee system into an adversarial and unfair process for some groups of asylum seekers. To that end, it highlights the CBSA’s policies in three areas: eligibility determination, front-end security screening of refugee claimants, and ministerial interventions at the Immigration and Refugee Board of Canada.
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Tremblay, Hugo. "Eco-terrorists Facing Armageddon: The Defence of Necessity and Legal Normativity in the Context of Environmental Crisis." Special section 58, no. 2 (July 31, 2013): 321–64. http://dx.doi.org/10.7202/1017517ar.
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The invocation of necessity as a defence for acts of civil disobedience has raised questions about the rule of law and legal certainty. The rise of radical environmental activism in the context of climate change warrants an inquiry into the scope and limitations of the defence in Canada. This paper argues that the defence of necessity significantly increases legal flexibility in Canadian environmental law. To some extent, the defence may thus enhance the law’s resilience to socio-ecological changes. However, the defence could also render the law flexible to such an extent that positive norms might lose their prescriptive value in certain circumstances. In particular, as the link connecting human activity, climate change, and consequent damage to the environment becomes clearer, there is a greater likelihood of environmental activists successfully invoking necessity to defend illegal acts aimed at curbing environmental degradation. In other words, necessity may offer a defence against the enforcement of legal frameworks de facto authorizing catastrophic environmental destruction. The prescriptive value of those legal frameworks could be critically diminished, and the resilience of the law as a normative framework may be threatened.
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Landreville, Pierre, and Chantal Lavergne. "L’alcool au volant, c’est criminel depuis 1921 !" Criminologie 22, no. 1 (August 16, 2005): 9–26. http://dx.doi.org/10.7202/017271ar.
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Bill C-51 passed by the Canadian Parliament in 1985 and the publicity surrounding this legislation led many people to believe that a new crime regarding impaired driving had been created. This Bill, however, was to simply increase the penalty for drunk driving in the case of a first conviction. In fact, the penal solution to the “problem” of drunk driving is not new; in 1921 the offence of impaired driving was first introduced into the Code. This article examines the evolution of the prohibition of driving under the influence of alcohol in the Canadian Criminal Code and the enforcement of this law in Canada, in Quebec and in Ontario from 1921 to 1973. The first part presents the evolution of legislation concerning impaired driving. It goes through six important phases and covers the period from 1921 to 1973. The second part presents the statistical data used in our study. We also consider the reliability and validity of the data used. In the last part, we analyze the implementation of the law on infractions relating to drunk driving in a state of drunkeness indictable offence and summary conviction offence driving under the influence of alcohol or a drug (indictable offence and summary conviction offence), and finally, refusal to furnish a sample of breath (summary conviction offence). In conclusion, we present several recommendations based on the results of our analysis.
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Jones, Preston. "Maritime Certainty and International Cooperation in the Klondike and Alaska Gold Rushes, 1896-1903." Northern Mariner / Le marin du nord 31, no. 1 (July 16, 2021): 61–78. http://dx.doi.org/10.25071/2561-5467.122.
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At the end of the nineteenth century the Arctic was a region of potential conflict. A primary cause of conflict is uncertainty. In the Arctic and near Arctic during the Klondike and Nome rushes, a degree of certainty came from two key sources: predictable US shipping and widely-respected Canadian law enforcement. A common culture among many newcomers to the region played an important role but, drawing on Abraham Maslow’s well-known “hierarchy of needs” theory, this paper argues that generally reliable shipping and generally respected law enforcement laid the foundation for a culture of cooperation described in numerous gold rush memoirs.
À la fin du 19e siècle, l’Arctique était une région de conflits potentiels. L’incertitude constitue l’une des principales causes des conflits. Dans l’Arctique et les régions voisines de l’Arctique pendant les ruées vers le Klondike et Nome, un certain degré de certitude provenait de deux sources clés : la prévisibilité du transport maritime américain et le grand respect accordé à l’application de la loi au Canada. Bien que la culture commune à bon nombre des nouveaux arrivants dans la région ait joué un grand rôle, l’auteur s’appuie sur la théorie bien connue de la « hiérarchie des besoins » d’Abraham Maslow pour soutenir qu’un transport généralement fiable et une application de la loi généralement respectée ont jeté les bases d’une culture de collaboration décrite dans plusieurs mémoires de la ruée vers l’or.
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Gillis, Rory. "Contracting for Tax Room: The Law and Political Economy of Tax-Point Transfers." Canadian Tax Journal/Revue fiscale canadienne 67, no. 4 (December 27, 2019): 903–45. http://dx.doi.org/10.32721/ctj.2019.67.4.gillis.
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Tax-point transfers are potentially a foundational tool for changing the allocation of tax room between governments, but they have fallen into disuse in Canadian fiscal federalism. This article argues that the infrequent use of tax-point transfers can be explained, in part, by impediments to the enforcement of intergovernmental contracts. The problem is twofold: (1) tax-point transfers typically consist of long-term non-sequential transactions, in which governments perform their obligations at substantially different points in time; and (2) the common mechanisms for assuring performance in long-term non-sequential transactions are either unavailable or of only modest force in tax-point transfer agreements. The primary implication is that these contractual impediments may discourage governments from using tax-point transfers to achieve an optimal allocation of tax room.
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Zhudro, Ivan S. "The practice of Canada’s use of historically established titles in relation to Arctic Sea spaces." Gosudarstvo i pravo, no. 9 (2022): 128. http://dx.doi.org/10.31857/s102694520022227-0.
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The basis for this study was the marked similarity of the geographical position of Canada and the Russian Federation as states with a significant continental part in the Arctic and the longest coasts in the Arctic. The interest in the Canadian experience of implementing the Arctic legal policy and, in particular, solving the problem of the legal regime of the Northwest Passage, is caused by the similar problems facing the Russian Federation in relation to the waters of the Arctic straits of the Northern Sea Route. The article deals with the following problematic issues: the role of the sectoral principle in the history of the formation of the status of Canada’s Arctic spaces; the practice of environmental national-legislative regulation of Canada in the Arctic; the concept of historical waters: historical titles in the system of direct baselines in the justification of Canada’s rights to Arctic Sea spaces; Canada’s historically formed position regarding the passage through its Arctic waters foreign courts; experience in the formation of legal titles of the Russian state for the Arctic spaces. The objective of this scientific study is to identify trends in the practice of Canada’s use of historical titles when extending sovereignty and jurisdiction to the adjacent Arctic Sea spaces. The aim is to formulate possible recommendations for improving the normative and law enforcement practice of Russia in this area.
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Brown, Blake. "“Pistol Fever”: Regulating Revolvers in Late-Nineteenth-Century Canada." Journal of the Canadian Historical Association 20, no. 1 (May 25, 2010): 107–38. http://dx.doi.org/10.7202/039784ar.
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Abstract This paper examines the debates over the regulation of pistols in Canada from confederation to the passage of nation’s first Criminal Code in 1892. It demonstrates that gun regulation has long been an important and contentious issue in Canada. Cheap revolvers were deemed a growing danger by the 1870s. A perception emerged that new forms of pistols increased the number of shooting accidents, encouraged suicide, and led to murder. A special worry was that young, working-class men were adopting pistols to demonstrate their manliness. Legislators responded to these concerns, but with trepidation. Parliament limited citizens’ right to carry revolvers, required retailers to keep records of gun transactions, and banned the sale of pistols to people under 16 years of age. Parliamentarians did not put in place stricter gun laws for several reasons. Politicians doubted the ability of law enforcement officials to effectively implement firearm laws. Some believed that gun laws would, in effect, only disarm the law abiding. In addition, a number of leading Canadian politicians, most importantly John A. Macdonald, suggested that gun ownership was a right of British subjects grounded in the English Bill of Rights, albeit a right limited to men of property.
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Strantz, N. J. "Beyond R. v. Sault Ste. Marie: The Creation and Expansion of Strict Liability and the Due Diligence Defence." Alberta Law Review 30, no. 4 (April 1, 1992): 1233. http://dx.doi.org/10.29173/alr1226.
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The Supreme Court of Canada decision in R. v. Sault Ste. Marie created strict liability offences as a middle ground between mens rea offences and absolute liability offences. Strict liability offences allow the defence of due diligence, where the accused has exercised a reasonable standard of care in protecting against the event which occurred. This article examines the acceptance, incorporation and development of strict liability offences and the due diligence defence by Canadian courts, legislatures and industry. In Canadian courts, strict liability and the due diligence offence arise in quasi-criminal, public welfare offences. The reverse onus imposed by the due diligence defence was challenged and upheld in a Charter case. Cases have shown that corporations and directors may be held directly and vicariously liable for the actions of employees and contractors under strict liability principles. Legislatures at both the provincial and federal level have incorporated strict liability and the due diligence defence into a wide variety of quasi-criminal statutes. Industry has responded by taking positive steps to ensure it is complying with legislated standards. The article notes that strict liability is a logical and timely development for Canadian law, as the "due diligence" defence encourages industry's co-operative efforts in the protection of the public interest without hindering regulatory and legal enforcement of public welfare legislation.
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Pavlović, Marina. "Contracting out of Access to Justice: Enforcement of Forum-Selection Clauses in Consumer Contracts." McGill Law Journal 62, no. 2 (June 5, 2017): 389–440. http://dx.doi.org/10.7202/1040051ar.
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Forum-selection agreements in consumer contracts nominate by default the business’s home jurisdiction to resolve disputes and thus directly impact a consumer’s ability not only to access courts, but also to obtain access to substantive justice. It has been argued that courts should consider enforcing jurisdiction clauses in consumer contracts with “greater scrutiny” because of their inherent power imbalance. To examine how the courts approach forum-selection clauses in consumer contracts, this article analyzed all reported consumer cases involving forum-selection agreements in Canadian common law jurisdictions between 1995 and 2016. The analysis of these cases shows that the courts have failed to exercise the greater scrutiny that was called for. In light of the analysis of the surveyed cases, this article argues that the rules for enforcing forum-selection clauses in consumer contracts ought to be recalibrated to reflect the power dynamics of consumer relationships, the ubiquity of standard-form contracts, and their effect on consumers’ ability to obtain redress. This article proposes two suggestions for reform: legislative intervention to invalidate forum-selection clauses in consumer agreements, and reframing and recalibrating the common law strong-cause test for the enforcement of forum-selection clauses in consumer transactions.
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Sapiro, Miriam E. "Investigating Allegations of Chemical or Biological Warfare: The Canadian Contribution." American Journal of International Law 80, no. 3 (July 1986): 678–82. http://dx.doi.org/10.2307/2201792.
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The 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare unequivocally makes the use of chemical and biological weapons an illegitimate means of waging war. Yet enforcement of the Protocol is hindered by the lack of an investigative mechanism to provide prompt and effective verification of an alleged violation. In response to controversy stemming from this omission, in 1982 the General Assembly requested that the Secretary-General enlist the assistance of experts to investigate alleged breaches of the Protocol and relevant rules of customary international law, devise procedures for timely and efficient investigation, and document information relating to the identification of chemical and biological warfare agents. In 1984 the Secretary-General submitted his Report on Chemical and Bacteriological (Biological) Weapons to the General Assembly, which included the provisional procedures recommended by the Group of Consultant Experts. Deeply concerned about the use of such weapons, and perceiving a need for more extensive guidance on the subject, the Canadian Government prepared the Handbook for the Investigation of Allegations of the Use of Chemical or Biological Weapons and presented it to the Secretary-General on December 4, 1985.