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Introduces citizens to solutions for reforming the American campaign finance system

Prisons present a special context for the interpretation of constitutional rights, where prisoner complaints are pitched against the justifications of prison administrators. In the United States, the history of prisoner rights can be told as a story of the ebb and flow of judicial willingness to defer to the expertise-infused claims of prison administrators. Deference is ostensibly justified by a judicial worry that prison administrators possess specialized knowledge and navigate unique risks, beyond the purview of courts. In recent years, expansive judicial deference in the face of “correctional expertise” has eroded the scope and viability of prisoners’ rights, serving to restore elements of the historical category of “civil death” to the legal conception of the American prisoner. In Canada too, courts have often articulated standards of extreme deference to prison administrators, both before and after the advent of the Charter of Rights and Freedoms, and notwithstanding that the Charter places a burden on government to justify any infringement of rights. Recently, however, two cases from the Supreme Court of British Columbia mark a break from excessive deference and signify the (late) arrival of a Charter-based prison jurisprudence. In each case, prisoner success depended on expert evidence that challenged the assertions and presumed expertise of institutional defendants. In order to prove a rights infringement and avoid justification under section 1, the evidence must illuminate and specify the effects of penal techniques and policies on both prisoners and third parties. The litigation must interrogate the internal penal world, including presumptions about the workings of prisoner society and conceptions of risk management.

The adoption of a new Code of Civil Procedure in Quebec provides an opportune moment to consider the reasons for, and consequences of, a new direction in adjectival law. Moreover, it is an appropriate time to reflect on the influence of legal traditions on civil procedure, and the role played by such traditions in the legislative evolution and judicial interpretation of procedural law. This paper analyzes the current trends in civil procedure in Quebec, from both legislative and judicial standpoints, and seeks to relate these trends to tradition-based influences. Ultimately, this study demonstrates that Quebec’s procedural law has experienced great swings of the pendulum – originally inheriting continental civilian procedure from the French, gradually evolving towards a very common law/adversarial notion of procedure, and nowreverting back in a civiliste direction.

"In 1922, the first edition of Bankruptcy Law in Canada found pride of place on the shelves of Canadian insolvency practitioners. Now nearly a century later, the new Fifth Edition of Honsberger?s Bankruptcy in Canada is destined to become an invaluable resource for the insolvency community ? a trusted authority for those who deal with bankruptcy problems on a daily basis and those who need occasional guidance. Honsberger?s Bankruptcy in Canada, Fifth Edition is thorough and comprehensive, but also understandable and eminently readable. In clearly written prose, the authors articulate not just the principles, but the history and adaptations underlying the principles, along with practical insight and guidance. Rather than follow the Act section by section, the authors have gathered relevant elements by concept and theme. Practitioners and jurists, with their heavily underlined copies of the previous edition, will welcome both the logical new organization and the updated examination." --publisher's description.

"Annual Review of Insolvency Law is a collection of cutting-edge articles by practitioners, academics and members of the judiciary from all regions of Canada, written to provide professionals with a state-of-the-art overview of the most vital and relevant developments in Canadian insolvency law."-- Publisher's website

Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: The Legacy describes what Canada must do to overcome the schools’ tragic legacy and move towards reconciliation with the country’s first peoples. For over 125 years Aboriginal children suffered abuse and neglect in residential schools run by the Canadian government and by churches. They were taken from their families and communities and confined in large, frightening institutions where they were cut off from their culture and punished for speaking their own language. Infectious diseases claimed the lives of many students and those who survived lived in harsh and alienating conditions. There was little compassion and little education in most of Canada’s residential schools. Although Canada has formally apologized for the residential school system and has compensated its Survivors, the damaging legacy of the schools continues to this day. This volume examines the long shadow that the residential schools have cast over the lives of Aboriginal Canadians who are more likely to live in poverty, more likely to be in ill health and die sooner, more likely to have their children taken from them, and more likely to be imprisoned than other Canadians. The disappearance of many Indigenous languages and the erosion of cultural traditions and languages also have their roots in residential schools.

Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to "civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools' former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission's final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada's Residential Schools: The History, Part 2, 1939 to 2000 carries the story of the residential school system from the end of the Great Depression to the closing of the last remaining schools in the late 1990s. It demonstrates that the underfunding and unsafe living conditions that characterized the early history of the schools continued into an era of unprecedented growth and prosperity for most Canadians. A miserly funding formula meant that into the late 1950s school meals fell short of the Canada Food Rules. Overcrowding, poor sanitation, and a failure to adhere to fire safety rules were common problems throughout this period. While government officials had come to view the schools as costly and inefficient, the churches were reluctant to countenance their closure. It was not until the late 1960s that the federal government finally wrested control of the system away from the churches. Government plans to turn First Nations education over to the provinces met with opposition from Aboriginal organizations that were seeking "Indian Control of Indian Education." Following parent-led occupation of a school in Alberta, many of the remaining schools came under Aboriginal administration. The closing of the schools coincided with a growing number of convictions of former staff members on charges of sexually abusing students. These trials revealed the degree to which sexual abuse at the schools had been covered up in the past. Former students, who came to refer to themselves as Survivors, established regional and national organizations and provided much of the leadership for the campaign that led to the federal government issuing in 2008 an apology to the former students and their families.

Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to "civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools' former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission's final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada's Residential Schools: The History, Part 1, Origins to 1939 places Canada's residential school system in the historical context of European campaigns to colonize and convert Indigenous people throughout the world. In post-Confederation Canada, the government adopted what amounted to a policy of cultural genocide: suppressing spiritual practices, disrupting traditional economies, and imposing new forms of government. Residential schooling quickly became a central element in this policy. The destructive intent of the schools was compounded by chronic underfunding and ongoing conflict between the federal government and the church missionary societies that had been given responsibility for their day-to-day operation. A failure of leadership and resources meant that the schools failed to control the tuberculosis crisis that gripped the schools for much of this period. Alarmed by high death rates, Aboriginal parents often refused to send their children to the schools, leading the government adopt ever more coercive attendance regulations. While parents became subject to ever more punitive regulations, the government did little to regulate discipline, diet, fire safety, or sanitation at the schools. By the period's end the government was presiding over a nation-wide series of firetraps that had no clear educational goals and were economically dependent on the unpaid labour of underfed and often sickly children.