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"There is a serious access to justice problem in Canada. The civil and family justice system is too complex, too slow and too expensive. It is too often incapable of producing just outcomes that are proportional to the problems brought to it or reflective of the needs of the people it is meant to serve. While there are many dedicated people trying hard to make it work and there have been many reform efforts, the system continues to lack coherent leadership, institutional structures that can design and implement change, and appropriate coordination to ensure consistent and cost effective reform. Major change is needed. This report has three purposes: to promote a broad understanding of what we mean by access to justice and of the access to justice problem facing our civil and family justice system; to identify and promote a new way of thinking 'a culture shift' to guide our approach to reform; and to provide an access to justice roadmap for real improvement"-- Executive summary.
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Police officers often leave the scene of many domestic dispute calls, unable to collect evidence needed to lay charges against the accused. They may find the residence in order, no visible signs of injury, and denial/refusal of all parties to provide statements to the police. Police officers may be called to respond to couples with repeated calls to emergency response, leaving without evidence on numerous occasions. As a result, many police officers may go to calls with preconceived notions about the risks and dynamics in intimate partner relationships, potentially impacting the kind of intervention used. Based on analysis of 1,032 domestic dispute files in Fredericton, NB, this paper explores police officer intervention before and after training on responding to intimate partner violence. It compares formal intervention, such as charges and arrests; collection of evidence, including written and oral statements from victim(s) and witness(es); and informal strategies used by police officers who respond to the scene of a domestic dispute, such as temporary separation of victim and accused, providing transportation to another residence, and contacting a shelter on behalf of the victim or accused.
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"This is a reference tool for criminal law practitioners on section 11(b) of the Canadian Charter of Rights and Freedoms, which guarantees the right to a trial within a reasonable period of time. It discusses key cases and topics of interest."-- Provided by publisher.
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The actio libera in causa doctrine, as originally formulated by various Enlightenment philosophers, concerns the imputation of responsibility to actors for actions unfree in themselves, but free in their causes. Like our Enlightenment counterparts, contemporary philosophers of criminal law, as well as most Western legal systems (both common law and civil), allow that persons can be responsible for acts that are not free when performed, provided they were free in their causes. The actio libera doctrine allows us to impute unfree actions to persons, provided they were responsible for causing the conditions of unfreedom that characterizes those actions when performed. This doctrine seems to be instantiated in a great many actual legal practices. But I argue that we must distinguish between two importantly different understandings of the doctrine itself and its application in law. On the one hand, the actio libera doctrine allows us to waive the voluntariness requirement that is generally needed for criminal liability. On the other hand, it disallows defendants to appeal to defences they would otherwise be entitled to use to block liability, if they culpably created the conditions of their own defence. The first case involves rules of imputation, while the second concerns culpability, and justifying the actio libera doctrine therefore faces different challenges in the two cases.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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"Scholars have addressed at length the 'what' of judicial review under a bill of rights - scrutinizing legislation and striking it down - but neglected the 'how'. Adopting an internal legal perspective, Robert Leckey addresses that gap by reporting on the processes and activities of judges of the highest courts of Canada, South Africa and the United Kingdom as they apply their relatively new bills of rights. Rejecting the tendency to view rights adjudication as novel and unique, he connects it to the tradition of judging and judicial review in the Commonwealth and identifies respects in which judges' activities in rights cases genuinely are novel - and problematic. Highlighting inventiveness in rights adjudication, including creative remedies and guidance to legislative drafters, he challenges classifications of review as strong or weak. Disputing claims that it is modest and dialogic, he also argues that remedial discretion denies justice to individuals and undermines constitutional supremacy"-- Provided by publisher.
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"The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice." --publisher's description.
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Linda C Neilson, 2017 CanLIIDocs 2
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