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"Sentencing in Canada contains a unique collection of essays that explore all key aspects of sentencing. The contributors include leading academics, criminal law practitioners, and members of the judiciary, and many of the authors have extensive experience working in the areas of sentencing and parole. The volume is not simply a statement of the law -- instead, the chapters explore the wider context in which sentencing and parole decisions are taken. The volume also incorporates findings from the latest empirical research into sentencing policy and practice in Canada, including important issues such as sentencing Indigenous persons. As Mr Justice Moldaver notes in his preface, the volume "will be useful to criminal law practitioners and, more generally, to all persons interested in sentencing."-- Provided by publisher.

An article from McGill Law Journal / Revue de droit de McGill, on Érudit.

"Ce Précis se veut être un recueil de notes pour les étudiants inscrits dans un cours de propriété intellectuelle. Nous avons souhaité y intégrer l'essentiel plutôt que de nous attarder aux nombreux aspects et particularités de ce domaine du droit si fascinant. Cette construction vise à forcer les étudiants à pousser leurs réflexions, par exemple, en lien avec le sujet de l'intelligence artificielle, un des sujets que nous avons volontairement omis du Précis. Pour cette première édition, le droit d'auteur, les marques de commerce et les brevets sont abordés. Le sujet des dessins industriels fera l'objet d'une prochaine édition." --Préface.

Sexual exploitation and human sex trafficking is a multi-billion-dollar international industry that preys on youth. Written by veteran police officer Robert Chrismas, Sex Industry Slavery is an impactful read for anyone who wants to know more about this serious Canadian problem. Many young women are coerced into oppressive relationships in the sex industry, often starting in childhood. There are numerous barriers and challenges for children who are vulnerable to exploitation as well as for survivors striving to leave the sex industry; however, there are also many opportunities to help them. Based on Chrismas’s award-winning research in Manitoba, this book includes gut-wrenching stories from survivors, social workers, police officers, lawmakers, and activists. Representing decades of collective knowledge, Sex Industry Slavery presents first-hand perspectives on the problem as well as proposes practical solutions.

This work offers a novel perspective on British elections, focusing on the role of electoral shocks in the context of increasing electoral volatility.

This paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014–2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant norm assists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women’s and children’s voices.

Canadian courts have held that parents stand in a fiduciary relationship with their children. Some commentators take the view that this is an inappropriate and unwarranted extension of a set of concepts that were originally elaborated in the context of the management of property rights and other pecuniary interests. The goal of this article is to assess the characterization of parents as fiduciaries in the light of recent scholarship on fiduciary law. I argue that, while there are significant differences between the parent-child context and more established fiduciary categories, the characterization of the parent as a fiduciary toward his or her child nonetheless captures a central – indeed, a defining – element of the parent-child relationship, which is also a characteristic element of all established fiduciary relationships: namely, the possession of legal powers that are held in a managerial or other-regarding capacity for the benefit of another person. Every aspect of the traditional property-based fiduciary relationship finds its counterpart in the juridical relationship between a parent and his or her minor child. The ability of a parent to take account of his or her own interests in relation to some exercises of the parent’s decision-making powers is also found in many established fiduciary relationships. The recognition of parenthood as a fiduciary relationship leads to a better understanding of fiduciary relationships because it clarifies how such relationships are constituted, and it clarifies that they extend to any situation where one person is empowered and authorized to look after the interests of another, whether those interests be financial or entirely personal.

"Tort law includes the legal rules that govern many important subjects such as negligence, nuisance, defamation and trespass. These rules are of foundational importance for lawyers and judges and are also important for members of the public seeking to understand their rights and responsibilities in their everyday and commercial activities. Because tort law is primarily drawn from the results of many judicial decisions in individual cases, it can be difficult to understand. Introduction to the Canadian Law of Torts, 4th Edition provides the explanation and analysis needed to confidently navigate not only the key concepts but also many of the details and subtleties. Written by a team of leading tort law scholars, the fourth edition builds on the earlier editions written by the late Gerald Fridman, one of the finest legal scholars of his generation. It is a must-have addition to the libraries of practitioners and law students alike. It is an essential resource for those learning tort law and an excellent primer and quick reference for those with greater familiarity" --Publisher description.

Jennifer Koshan, Janet E Mosher, Wanda A Wiegers, 2020 CanLIIDocs 3160

In recent years, the Canadian Charter of Rights and Freedoms (the “Charter”) has been relied on increasingly by Canadian courts to bolster common law police powers, often at the expense of due process. Ostensibly, the courts have shown more concern with the administration of the limits of policing than with the delineation of civil liberties. In this article, we trace the evolution of the interpretation of the Charter in this context, with early decisions suggesting a reluctance to create ex post facto police powers. The article then outlines the acceleration of judicial proliferation of common law police powers in Canada, cloaked in the veil of the Charter. In other words, unauthorized police conduct is legitimized by the courts on an ad hoc basis, so long as it is ultimately justifiable. We then discuss the findings of our own research into this phenomenon and comment on the possible implications that increasingly expansive common law police powers created by courts have had on due process in Canada, and the administrative role of the Supreme Court of Canada in mobilizing civil rights protections in the direction of state surveillance.

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