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Disciplining Judges
Globally, countries are faced with a complex act of statecraft: how to design and deploy a defensible complaints and discipline regime for judges. In this collection, contributors provide critical analyses of judicial complaints and discipline systems in thirteen diverse jurisdictions, revealing that an effective and legitimate regime requires the nuanced calibration of numerous public values including independence, accountability, impartiality, fairness, reasoned justification, transparency, representation, and efficiency.
Critical Disability Theory
Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.
Sites of Conscience
Into the twenty-first century, millions of disabled people and people experiencing mental distress were segregated from the rest of society and confined to residential institutions. Deinstitutionalization – the closure of these sites and integration of former residents into the community – has become increasingly commonplace. But this project is unfinished. Sites of Conscience explores use of the concept of sites of conscience, which involves place-based memory activities such as walking tours, survivor-authored social histories, and performances and artistic works in or generated from sites of systemic suffering and injustice. These activities offer new ways to move forward from the unfinished deinstitutionalization project and its failures. Covering diverse national contexts, this volume proposes that acknowledging the memories and lived experiences of former residents – and keeping histories and social heritage of institutions alive rather than simply closing sites – holds the greatest potential for recognition, accountability, and action.
The Copyright Pentalogy
In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyr...
Being Relational
At the heart of relational theory lies the idea that the human self is fundamentally constituted in terms of its relations to others. For relational theorists, the self not only lives in relationship with and to others, but also owes its very existence to such relationships. In this groundbreaking collection, leading relational theorists explore core moral and metaphysical concepts, while health law and policy scholars respond by analyzing how such considerations might apply to more practical areas of concern. Innovative and self-reflexive, Being Relational brings a powerful theoretical framework to health law and policy studies. In so doing, it makes a bold contribution to scholarship and will appeal to a broad range of thinkers, especially those with an interest in social justice, and who seek to understand the complex ways in which power is created and sustained relationally.
A New Era for Mental Health Law and Policy
International human rights law challenges core tenets of mental health law, policy and practice. This book explores this challenge.
Mental Health, Legal Capacity, and Human Rights
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Standards for the Control of Algorithmic Bias
Governments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowl...
Our Faithfulness to the Past
"This volume brings together essays - three of them previously unpublished - on the epistemology, ethics, and politics of memory by the late feminist philosopher Sue Campbell. The essays in Part I diagnose contemporary skepticism about personal memory, and develop an account of good remembering that is better suited to contemporary (reconstructive) theories of memory. The essays in Part II focus on the activities and practices through which we explore and negotiate the shared significance of our different recollections of the past, and the importance of sharing memory for constituting our identities. In Part III, Campbell uses her relational theory of memory to address the challenges of sharing memory and renewing selves in contexts that are fractured by moral and political difference, especially those arising from a history of injustice and oppression"--
Indictment
Based on first-hand interviews with survivors, people who have committed offences, and others on the frontlines, Indictment puts the Canadian criminal justice system on trial and proposes a bold new vision of transformative justice. #MeToo. Black Lives Matter. Decriminalize Drugs. No More Stolen Sisters. Stop Stranger Attacks. Do we need more cops or to defund the police? Harm reduction or treatment? Tougher sentences or prison abolition? The debate about Canada’s criminal justice system has rarely been so polarized – or so in need of fresh ideas. Indictment brings the heartrending and captivating stories of survivors and people who have committed offences to the forefront to help us und...
