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Author: Brian Manarin
Publisher:
ISBN: 9780433500667
Category : Canada
Languages : en
Pages : 193
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Book Description
"This monograph challenges the present doctrinal and policy positions that are in place in Canada regarding who may serve on a jury and how the petit jury is assembled in the Superior Courts across the land. The presumption that Canadians with criminal antecedents are unsuitable for jury duty is challenged both on the backdrop of history as well as against the present-day reality that one-in-ten of the citizenry is possessed of a criminal record. Additionally, once prospective jurors are summoned to court, the selection methods and "challenge" mechanisms are exposed as functionally ineffective and open to unsettling forms of abuse."--
Author: Brian Manarin
Publisher:
ISBN: 9780433500667
Category : Canada
Languages : en
Pages : 193
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Book Description
"This monograph challenges the present doctrinal and policy positions that are in place in Canada regarding who may serve on a jury and how the petit jury is assembled in the Superior Courts across the land. The presumption that Canadians with criminal antecedents are unsuitable for jury duty is challenged both on the backdrop of history as well as against the present-day reality that one-in-ten of the citizenry is possessed of a criminal record. Additionally, once prospective jurors are summoned to court, the selection methods and "challenge" mechanisms are exposed as functionally ineffective and open to unsettling forms of abuse."--
Author: Kent Roach
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773556451
Category : Social Science
Languages : en
Pages : 329
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Book Description
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 Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.
Author: Harold R. Johnson
Publisher: McClelland & Stewart
ISBN: 0771048742
Category : History
Languages : en
Pages : 0
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Book Description
A Globe and Mail Best Book of the Year An urgent, informed, intimate condemnation of the Canadian state and its failure to deliver justice to Indigenous people by national bestselling author and former Crown prosecutor Harold R. Johnson. Now with brand new Afterword. "The night of the decision in the Gerald Stanley trial for the murder of Colten Boushie, I received a text message from a retired provincial court judge. He was feeling ashamed for his time in a system that was so badly tilted. I too feel this way about my time as both defence counsel and as a Crown prosecutor; that I didn't have the courage to stand up in the court room and shout 'Enough is enough.' This book is my act of taking responsibility for what I did, for my actions and inactions." --Harold R. Johnson In early 2018, the failures of Canada's justice system were sharply and painfully revealed in the verdicts issued in the deaths of Colten Boushie and Tina Fontaine. The outrage and confusion that followed those verdicts inspired former Crown prosecutor and bestselling author Harold R. Johnson to make the case against Canada for its failure to fulfill its duty under Treaty to effectively deliver justice to Indigenous people, worsening the situation and ensuring long-term damage to Indigenous communities. In this direct, concise, and essential volume, Harold R. Johnson examines the justice system's failures to deliver "peace and good order" to Indigenous people. He explores the part that he understands himself to have played in that mismanagement, drawing on insights he has gained from the experience; insights into the roots and immediate effects of how the justice system has failed Indigenous people, in all the communities in which they live; and insights into the struggle for peace and good order for Indigenous people now.
Author: Elizabeth A. Sheehy
Publisher: University of Ottawa Press
ISBN: 0776619772
Category : Law
Languages : en
Pages : 833
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Book Description
Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Author: Constance Backhouse
Publisher: University of Toronto Press
ISBN: 1442690852
Category : Social Science
Languages : en
Pages : 505
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Book Description
Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society
Author: National Inquiry into Missing and Murdered Indigenous Women and Girls
Publisher:
ISBN: 9780660292755
Category : Governmental investigations
Languages : en
Pages :
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Book Description
Author: Don Stuart
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 692
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Book Description
"The fifth edition had to be substantially revised to reflect the impact of recent Supreme Court of Canada bellweather decisions in Grant and the companion decisions in Harrison and Suberu. These decisions require a new approach to the meaning of detention for Charter purposes and to the remedy of exclusion of evidence under section 24(2) of the Charter. Much of the voluminous prior jurisprudence on section 24(2) over the past 27 years relating to the meaning and consequences of conscripting the accused in violation of the Charter is now of little moment. New clarifications and new questions are identified."--Pub. desc.
Author: Hiroshi Fukurai
Publisher: Springer Science & Business Media
ISBN: 1489911278
Category : Psychology
Languages : en
Pages : 270
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Book Description
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
Author: Jonathan Rudin
Publisher:
ISBN: 9781772553048
Category :
Languages : en
Pages :
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Book Description
Author: Constance Backhouse
Publisher: McGill-Queen's Press - MQUP
ISBN: 022800912X
Category : History
Languages : en
Pages : 315
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Book Description
The Royal Society of Canada’s mandate is to elect to its membership leading scholars in the arts, humanities, social sciences, and sciences, lending its seal of excellence to those who advance artistic and intellectual knowledge in Canada. Duncan Campbell Scott, one of the architects of the Indian residential school system in Canada, served as the society’s president and dominated its activities; many other members – historically overwhelmingly white men – helped shape knowledge systems rooted in colonialism that have proven catastrophic for Indigenous communities. Written primarily by current Royal Society of Canada members, these essays explore the historical contribution of the RSC and of Canadian scholars to the production of ideas and policies that shored up white settler privilege, underpinning the disastrous interaction between Indigenous peoples and white settlers. Historical essays focus on the period from the RSC’s founding in 1882 to the mid-twentieth century; later chapters bring the discussion to the present, documenting the first steps taken to change damaging patterns and challenging the society and Canadian scholars to make substantial strides toward a better future. The highly educated in Canadian society were not just bystanders: they deployed their knowledge and skills to abet colonialism. This volume dives deep into the RSC’s history to learn why academia has more often been an aid to colonialism than a force against it. Royally Wronged poses difficult questions about what is required – for individual academics, fields of study, and the RSC – to move meaningfully toward reconciliation.
