Canadian Journal of Law and Society最新文献

{"title":"The Attorney General, Politics, and the Public Interest: Contributions to an Evolving Constitutional Convention","authors":"Michael Murphy","doi":"10.1017/cls.2021.42","DOIUrl":"https://doi.org/10.1017/cls.2021.42","url":null,"abstract":"Abstract The prosecutorial independence of the Attorney General (AG) is a firmly established constitutional convention in Canada, but it is also an evolving convention, subject to ongoing contestation and debate. This article is a contribution to that debate. It defends a normative constitutional framework wherein the AG’s authority to make final decisions in matters of criminal prosecution is balanced against a corresponding duty to consult with cabinet and the prime minister on the public interest implications of prosecutorial decisions when the circumstances warrant. Within this normative framework, respectful contestation and debate amongst ministers, the prime minister, and the AG in determining the public interest merits of prosecution is welcomed, even encouraged, and if conducted with the requisite integrity, objectivity, and transparency, it is regarded not as a threat but as a valuable check and balance on AG independence and an indispensable form of quality control on the exercise of prosecutorial discretion.","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"37 1","pages":"209 - 228"},"PeriodicalIF":0.7,"publicationDate":"2022-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41457967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Coming in from the Cold: Canada’s National Housing Strategy, Homelessness, and the Right to Housing in a Transnational Perspective","authors":"David DesBaillets, Sarah E. Hamill","doi":"10.1017/cls.2021.40","DOIUrl":"https://doi.org/10.1017/cls.2021.40","url":null,"abstract":"Abstract Canada’s National Housing Strategy (NHS) commits the government to eliminating chronic homelessness and promises that realizing the right to housing is a key objective. In this article, we explore how the Canadian government could realize the right to housing in the context of eliminating chronic homelessness. We argue that it is helpful to look at how other jurisdictions have successfully reduced homelessness. In this article we examine Finland and Scotland’s approaches because they offer certain similarities in how homelessness is addressed, yet they also differ, most crucially in how they understand the right to housing. We argue that both of these jurisdictions offer important lessons for Canada to draw on as it seeks to reduce long-term homelessness.","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"37 1","pages":"273 - 293"},"PeriodicalIF":0.7,"publicationDate":"2022-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43260530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Ethics and Confidentiality: Reflections and Lessons Learned Post-Parent and Bruckert v R and Magnotta","authors":"A. Mcclelland, C. Bruckert","doi":"10.1017/cls.2021.41","DOIUrl":"https://doi.org/10.1017/cls.2021.41","url":null,"abstract":"Abstract In May 2012, a former research assistant contacted the Montréal police about an interview he had conducted with Luka Magnotta for the SSHRC-funded research project Sex Work and Intimacy: Escorts and their Clients four years previously. That call ultimately resulted in the Parent and Bruckert v R and Magnotta case. Now, a decade later, we are positioned to reflect on the collective lessons learned (and lost) from the case. In this paper, we provide a lay of the Canadian confidentiality landscape before teasing out ten lessons from Parent c R. To do so, we draw on personal archives, survey results from sixty researchers, twelve key informant interviews with qualitative sociolegal and criminology researchers, and documentary analysis of university research policies. The lessons, which range from the clichéd, to the practical, to the frustrating, have implications for the individual work of Canadian researchers and for the collective work of academic institutions.","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"37 1","pages":"187 - 208"},"PeriodicalIF":0.7,"publicationDate":"2021-12-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47320557","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Police Violence as Organizational Crime","authors":"S. Rich","doi":"10.1017/cls.2021.27","DOIUrl":"https://doi.org/10.1017/cls.2021.27","url":null,"abstract":"Abstract This paper argues that patterns of pervasive police violence can and should be treated as organizational crime in Canada. It uses the documented events of police violence in Val d’Or, Quebec, that emerged in 2015 to show how a similar fact pattern might fit all of the elements of organizational crime as defined in the Criminal Code. The article also suggests that this is an example where legal imagination is important, in order to shift our collective understanding of what organizational crime is and where it occurs.","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"37 1","pages":"135 - 153"},"PeriodicalIF":0.7,"publicationDate":"2021-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41841108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Sharon Cowan, Chloë Kennedy, and Vanessa Munro, edsScottish Feminist Judgments: (Re)Creating Law from the Outside In. Oxford: Bloomsbury, 2019. 440 pp.","authors":"Debra M Haak","doi":"10.1017/cls.2021.34","DOIUrl":"https://doi.org/10.1017/cls.2021.34","url":null,"abstract":"The Feminist Judgments Project (FJP) was conceived by the Women’s Court of Canada (WCC), formed in 2004 as a shadow court to rewrite Supreme Court of Canada decisions from feminist perspectives. Replicating judicial form and voice, and following applicable rules of evidence and precedent, the WCC aimed to show that Supreme Court decisions could legitimately have been reasoned or decided differently.1 Since the first six judgments were published by the WCC in 2008, rewritten feminist judgments have now been published in other jurisdictions, including England, Wales, Northern Ireland, Ireland, Australia, New Zealand, and the United States. Every feminist judgments project is unique, each aiming to impact its own national legal terrain. Recently published Scottish Feminist Judgments: (Re)Creating Law from the Outside In presents sixteen rewritten Scottish judgments, each accompanied by commentary from an expert and a reflective statement from the judgment writer. Five men are included among the nineteen judgment writers and sixteen commentators. Judges selected their own cases, spanning a diverse range of topics, applying substantive and methodological feminist interventions. The judgments are grouped under four headings: crime, victimisation, and violence; family, home, and belonging; relational duties, equality, and discrimination; and citizenship, culture, and protection. This contribution to the FJP also adds seven works from Scottish artists, included to transcend the textual format familiar to lawyers and legal academics and make the project more accessible outside the legal community. The artistic works can be accessed via a virtual exhibition hosted on the Scottish Feminist Judgments Project website.2 A central focus of this book is a feminist concern as pressing now as it was when the WCC was formed almost two decades ago: how to fully represent women’s experiences within standard legal methods. No rewritten judgement more clearly demonstrates how the application of common law rules and reasoning obscure women’s lived experiences than Drury v HM Advocate, a case dealing with the sexual infidelity exception to the partial defence of provocation. In this case, an accused male violently assaulted and killed his former female partner after finding her with another man. In her rewritten judgment, Claire McDiarmid points to the unprincipled expansion of the defence of provocation in Scots Law, which, in the case of sexual infidelity, required only that an accused had learned of infidelity and killed under impulse or passion. The policy question this feminist judge raises in her rewritten judgment is whether the law should continue to place “such a high","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"36 1","pages":"539 - 541"},"PeriodicalIF":0.7,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41444282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Philip Girard, Jim Phillips, and R. Blake Brown A History of Law in Canada: Volume One—Beginnings to 1866. Toronto: University of Toronto Press, 2018. 928 pp.","authors":"Jamie Benidickson","doi":"10.1017/cls.2021.23","DOIUrl":"https://doi.org/10.1017/cls.2021.23","url":null,"abstract":"This publication makes a significant contribution to a field of inquiry that has been hugely enriched through the encouragement of the Osgoode Society which, in 1981, inaugurated what is now a collection of over one hundred titles. This latest contribution offers stimulus to further research and should be of interest to several constituencies. A History of Law in Canada might arouse interest within the legal profession, as well as among instructors of legal history, and their students, upon whose curiosity we depend for ongoing exploration of the subject matter, and on the part of those generally intrigued about the evolution of Canadian society, institutions, or the economy. The factors that make the field of legal history of ongoing general importance include the opportunity to understand how societies implement systems of law and governance, how choices are made among alternative institutions and decisionmaking procedures, how changes are introduced, continuities preserved, and how legal systems interact. Choices and changes (frequently the outcome of conflict or resulting from contested reform initiatives) underpin the dynamic of the narrative, a narrative emphasizing legal pluralism—common law, civil law, and Indigenous law. The authors summarize the “story” line as “a search for a balance between liberty and order in a context of continuing legal pluralism” (p. 5). The enduring and evolving relationship between liberty and order is indeed a staple of legal historical analysis. Legal pluralism, variously described in this volume as a “hybrid legal order” (occasionally “culture”) or a “polyglot legal environment,” or even an “amphibious zone,” adds further complexity. The emergence in the period after 1760 of a “mixed legal tradition”—British and French—involved controversy and acrimony when established arrangements and efforts directed towards preservation confronted measures directed towards replacement, innovation, and the creation of new institutions. Among less familiar examples of interaction between societies, as illustrated by the evolution of Canada’s legal arrangements, is an elaborate discussion of “intercultural legal relations” involving nineteenth-century Indigenous and European communities. In reference towritten codes adopted byMohawk chiefs, and elsewhere, the authors are careful to acknowledge and discuss challenging methodological and theoretical issues associated with research into Indigenous legal traditions. The scope of the law that constitutes the subject matter of A History of Law in Canada encompasses the broad realms of public and private law. On the institutional and constitutional side, the volume reviews the evolution of foundational governance arrangements and law-making procedures while simultaneously assessing changes in court structure, judicial appointments, and the separation of powers and independence, among other principles affecting the intersection of order and liberty. The evolution of criminal law and","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"36 1","pages":"536 - 538"},"PeriodicalIF":0.7,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44612014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Maneesha Deckha Animals as Legal Beings: Contesting Anthropocentric Legal Orders. Toronto: University of Toronto Press, 2021. 335 pp.","authors":"Amanda Turnbull","doi":"10.1017/cls.2021.25","DOIUrl":"https://doi.org/10.1017/cls.2021.25","url":null,"abstract":"","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"1 1","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49168247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"CLS volume 36 issue 3 Cover and Back matter","authors":"","doi":"10.1017/cls.2021.37","DOIUrl":"https://doi.org/10.1017/cls.2021.37","url":null,"abstract":"","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":" ","pages":"b1 - b2"},"PeriodicalIF":0.7,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46775437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Heidi Bohaker\u0000Doodem and Council Fire: Anishinaabe Governance through Alliance. Toronto: University of Toronto Press, 2020. 245 pp.","authors":"Samantha M. Stevens","doi":"10.1017/cls.2021.22","DOIUrl":"https://doi.org/10.1017/cls.2021.22","url":null,"abstract":"","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"36 1","pages":"544 - 545"},"PeriodicalIF":0.7,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44377081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"«On fait du travail social en fait» : Perceptions de leur rôle par les avocat‑e‑s dans le cadre du processus de détermination du statut de réfugié","authors":"Charlotte Dahin","doi":"10.1017/cls.2021.33","DOIUrl":"https://doi.org/10.1017/cls.2021.33","url":null,"abstract":"Abstract The collaborative involvement of legal and healthcare professionals is often crucial when managing the consequences of the difficult experiences of those seeking asylum and the impact of these on the construction of the asylum application itself. While such collaboration is not always possible, this article focuses on the experiences of lawyers specialized in immigration law, who are often faced with challenges that do not fall strictly within the legal sphere but must be understood in order to support a successful asylum claim. This article examines the different perceptions among these lawyers as to the scope and limits of their role in this context. Some place greater emphasis on the distinction between professions and the limits of each person’s role. Others appear to express a more nuanced perspective, proposing specific strategies to better manage certain aspects related to mental health in particular.","PeriodicalId":45293,"journal":{"name":"Canadian Journal of Law and Society","volume":"36 1","pages":"427 - 446"},"PeriodicalIF":0.7,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46175036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}