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Due Process and Victims' Rights
A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.
Canadian Justice, Indigenous Injustice
In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort...
The 9/11 Effect
This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of Western democracies including the United States, the United Kingdom, Australia and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism.
Remedies for Human Rights Violations
Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Criminal Law
Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly-regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law and theory in Canada has become essential reading, not only in law schools, but also among judges, practitioners, and others involved in the criminal justice system. The fifth edition of Criminal Law has been thoroughly updated and includes analysis of a number of important Supreme Court of Canada decisions especially in relation to the provocation defence, and in the Court's use of a modified and contextual objective standard that has implicatio...
Brian Dickson
Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.
11-Sep
The author examines the consequences of September 11 in Canada, including : an assessment of anti-terrorism measures such as the Anti-terrorism Act; the Smart Border agreement; Canadian participation in the war in Afghanistan; changes to refugee policy; the 2001 Security Budget; and the proposed Public Safety Act. He also looks at opposition the Anti-terrorism Act, warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes, and suggests that Canadian law may not provide adequate protection against invasions of privacy, or discriminatory profiling of people as potential terrorists. Other topics covered include : the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy; the possibility that Canadian Forces participated in violations of international law in Afghanistan; the threat of nuclear and biological terrorism; and aviation safety.
Comparative Counter-Terrorism Law
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
The Supreme Court on Trial
This book addresses timely questions: What is judicial activism? Can judges simply read their own political preferences into the Charter? Does the Court have the last word over democratically elected legislatures? Are our judges captives of special interests? What can Canadians and their governments do if they think the Court has got it wrong?
False Security
On 20 October 2014, a terrorist drove his car into two members of the Canadian Armed Forces, killing Warrant Officer Patrice Vincent. Two days later, another terrorist murdered Corporal Nathan Cirillo before storming Parliament. In the aftermath of these attacks, Parliament enacted Bill C-51 -- the most radical national security law in generations. This new law ignored hard lessons on how Canada both over- and underreacted to terrorism in the past. It also ignored evidence and urgent recommendations about how to avoid these dangers in the future. For much of 2015, Craig Forcese and Kent Roach have provided, as Maclean'sput it, the "intellectual core of what's emerged as surprisingly vigorous push-back" to Bill C-51. In this book, they show that our terror laws now make a false promise of security even as they present a radical challenge to rights and liberties. They trace how our laws repeat past mistakes of institutionalized illegality while failing to address problems that weaken the accountability of security agencies and impair Canada's ability to defend against terrorism.
