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Sexual Regulation and the Law, A Canadian Perspective
Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes.
Justice in the Age of Agnosis
This book seeks to further the understanding of the human experience of coerced and forced ignorance on social, human rights and criminal justice related topics, drawing together scholars from multiple, disciplinary fronts. It argues that people in our social world are forced or coerced through either implicatory or interpretive denial that is normalized through specific cultural and social mechanisms by which we refer to this as non-knowledge or agnosis. There has also been a lack of scholarship which examines how human victimization and power intersects by and through the systematic orchestration of forced ignorance and doubt upon daily human life. This book's focus is an examination of th...
Privacy in Peril
In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of post-Hunter cases reveals that Justice Dickson’s vision has been diminished in an era of heightened security and expanding police powers.
The Disappearance of Criminal Law
In The Disappearance of Criminal Law, Richard Jochelson and Kirsten Kramar examine the rationales underpinning Supreme Court of Canada cases that address the power of the police. These cases involve police power in relation to search, seizure and detention; an individual's right to silence, counsel and privacy; and the exclusion of evidence. Together these decisions can be understood as the rules by which good governments should act, and they serve to legitimate the actions of the police. Because there is no singular definition of "police powers," some argue that they do not exist, nor is there a specific theory about such powers, even though the term appears thousands of times in legal databases. Jochelson and Kramar illustrate the ways in which the Supreme Court, by allowing for increased surveillance and control by the state, is using the Charter to impose limitations on the rights of Canadians.
Thinking about Justice
How do we think about justice? Is it an act? An ideology? A philosophy? We are divided in our understandings of justice between those who seek fundamental social change versus those who seek incremental change and between those who argue that justice exists versus those who think it is a ruse between internal and external perspectives. However, a promising axis of scholarship aimed at bridging these divides is emerging. Thinking about Justice introduces readers to these three ways of thinking about justice in a variety of contexts including prisons, policing, the courts, youth crime, Aboriginal people, the media, poverty and work in the sex industry. Ultimately, Thinking about Justice seeks to embrace the potentialities of justice, to explore the avenues through which justice seekers interact, debate and achieve some mode of cohesion and find a new, inclusive way forward."
Manitoba Law Journal: Criminal Law Edition (Robson Crim) 2017 Volume 40(3)
Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors including: Richard Jochelson, Amar Khoday, David Ireland, Kent Roach, R. C. L. Lindsay, Michelle I. Bertrand, Andrew M. Smith, Marie Manikis, Peter Grbac, Amar Khoday, Jonathan Avey, Jeffery Couse, Rebecca Bromwich, Joshua Watts, Michael Weinrath, John Burchill, Dmytro Galagan, James Gacek, Julie Yan, Michelle S. Lawrence, and Melanie Murchison.
Manitoba Law Journal: Criminal Law Edition (Robson Crim) 2018 Volume 41(4)
Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With over 30 academic peer collaborators at Canada's top law schools, Robson Crim is bringing leading criminal law research and writing to the reader. We also annually publish a special edition criminal law volume of the Manitoba Law Journal, providing a chance for authors to enter the peer reviewed fray. The Journal has ranked in the top 0.1 percent on Academia.edu and is widely used. This issue has articles from a variety of contributing authors including: Anna Tourtchaninova, Brendan Roziere, Rebecca Bromwich, Jonathan Avey, Leah West, Keara Lundrigan, Haley Hrymak, Sasha Baglay, Myles Anevich, Heather Donkers, Patrick McGuinty, Carolyn Mouland, Lisa A. Silver, and Leon Laidlaw.
Constitutional Crossroads
Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.
Criminal Law and Precrime
In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "te...
