Your search
Results 2 resources
-
The preliminary inquiry has existed as a procedural protection in our criminal justice system for well over a century. Despite its longevity, this procedural option has not been without controversy. Particularly over the last several decades, there has been considerable debate surrounding its continuing value. Recently, a 2012 press release by the federal, provincial, and territorial ministers responsible for justice and public safety suggests that reform (and quite possibly abolition) of the preliminary inquiry is again being considered. The present article provides an empirical context in which to think about preliminary inquiry reform. Using a detailed and comprehensive national data set, developed in 2003 and specifically tailored to examine this criminal procedure, we do not find a clear case for re-opening the debate. The preliminary inquiry appears to have value in reducing the use of expensive court resources, either by altering the course of cases destined for Superior Court or by eliminating weak charges. Its costs in terms of court delay and valuable resources are significantly limited by its infrequent use and few court appearances. At a minimum, this article suggests that a more detailed empirical examination is justified (if not required) before any changes are made to the preliminary inquiry.
-
"Justice, Indigenous Peoples, and Canada: A History of Courage and Resilience brings together the work of a number of leading researchers to provide a broad overview of criminal justice issues that Indigenous people in Canada have faced historically and continue to face today. Both Indigenous and Canadian scholars situate current issues of justice for Indigenous peoples, broadly defined, within the context of historical realities and ongoing developments. By examining how justice is defined, both from within Indigenous communities and outside of them, this volume examines the force of Constitutional reform and subsequent case law on Indigenous rights historically and in contemporary contexts. It then expands the discussion to include theoretical considerations, particularly settler-colonialism, that help explain how ongoing oppressive and assimilationist agendas continue to affect how so-called "justice" is administered. From a critical perspective, the book examines the operation of the criminal justice system, though bail, specialized courts, policing, sentencing, incarceration, and release. It explores legal frameworks as well as current issues that have significantly affected Indigenous peoples, such as the Truth and Reconciliation Commission, the Inquiry into Missing and Murdered Indigenous Women and Girls, human rights, resurgence and identity. This unique collection of perspectives exposes the disconcerting agenda of historical and modern-day Canadian federal government policy and the continued denial of Indigenous rights to self-determination. It is essential reading for those interested in the struggles of the Indigenous peoples in Canada as well as anyone studying race, crime and justice"-- Provided by publisher.
Explore
Resource type
- Book Section (1)
- Journal Article (1)
Publication year
-
Between 2000 and 2026
-
Between 2010 and 2019
(1)
- 2013 (1)
-
Between 2020 and 2026
(1)
- 2024 (1)
-
Between 2010 and 2019
(1)