{"title":"被错误监禁,作为罪犯获释:加拿大无效的无罪赔偿方法和改革途径","authors":"Omri Rozen","doi":"10.5206/uwojls.v14i1.14627","DOIUrl":null,"url":null,"abstract":"Canada’s innocence compensation framework is inadequate and unjust. To secure compensation for the myriad harms caused to them by miscarriages of justice, the wrongfully convicted in Canada can either rely on civil suits adjudicated on standards deferential to state actors and with remote prospects of recovery, or must subject themselves to entirely discretionary assessments of ex gratia payments by the executive. In this paper, I provide an overview of why this status quo is undesirable. I then examine other jurisdictions’ innovative approaches to innocence compensation, grounded in a distinction between ‘statutory schedule’ and ‘adjudicated rights’ frameworks. I conclude by setting out the advantages and disadvantages of each approach with a view to informing Canadian lawmakers should they be interested in reform. ","PeriodicalId":40917,"journal":{"name":"Western Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2000,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Wrongly Imprisoned, Released as a Pauper: Canada’s Ineffective Approach to Innocence Compensation and Avenues for Reform\",\"authors\":\"Omri Rozen\",\"doi\":\"10.5206/uwojls.v14i1.14627\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Canada’s innocence compensation framework is inadequate and unjust. To secure compensation for the myriad harms caused to them by miscarriages of justice, the wrongfully convicted in Canada can either rely on civil suits adjudicated on standards deferential to state actors and with remote prospects of recovery, or must subject themselves to entirely discretionary assessments of ex gratia payments by the executive. In this paper, I provide an overview of why this status quo is undesirable. I then examine other jurisdictions’ innovative approaches to innocence compensation, grounded in a distinction between ‘statutory schedule’ and ‘adjudicated rights’ frameworks. I conclude by setting out the advantages and disadvantages of each approach with a view to informing Canadian lawmakers should they be interested in reform. \",\"PeriodicalId\":40917,\"journal\":{\"name\":\"Western Journal of Legal Studies\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.2000,\"publicationDate\":\"2023-01-31\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Western Journal of Legal Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5206/uwojls.v14i1.14627\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Western Journal of Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5206/uwojls.v14i1.14627","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Wrongly Imprisoned, Released as a Pauper: Canada’s Ineffective Approach to Innocence Compensation and Avenues for Reform
Canada’s innocence compensation framework is inadequate and unjust. To secure compensation for the myriad harms caused to them by miscarriages of justice, the wrongfully convicted in Canada can either rely on civil suits adjudicated on standards deferential to state actors and with remote prospects of recovery, or must subject themselves to entirely discretionary assessments of ex gratia payments by the executive. In this paper, I provide an overview of why this status quo is undesirable. I then examine other jurisdictions’ innovative approaches to innocence compensation, grounded in a distinction between ‘statutory schedule’ and ‘adjudicated rights’ frameworks. I conclude by setting out the advantages and disadvantages of each approach with a view to informing Canadian lawmakers should they be interested in reform.