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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.
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A Culture of Justification examines how a groundbreaking case involving undercover spies and a man's fight for citizenship helped the Supreme Court of Canada forge a consensus on the future of one of the most important areas in Canadian law.
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A Review of the Principles and Purposes of Sentencing in Sections 718-718.21 of the Criminal Code
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Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.
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"Contains over 65,000 legal terms, each clearly and precisely defined in plain English. Fully revised with new material on every page, the 12th edition features over 2,500 new terms"-- Publisher's website, viewed on June 11, 2024.
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Foundational elements, guiding principles, priorities and implentation of the Canadian drugs and substances strategy.
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Abstract Background People who use drugs (PWUD) are known to fear calling emergency medical services (EMS) for drug overdoses. In response, drug-related Good Samaritan Laws (GSLs) have been widely adopted in the USA and Canada to encourage bystanders to call emergency medical services (EMS) in the event of a drug overdose. However, the effect of GSLs on EMS-calling behaviours has been understudied. We sought to identify factors associated with EMS-calling, including the enactment of the Canadian GSL in May 2017, among PWUD in Vancouver, Canada, a setting with an ongoing overdose crisis. Methods Data were derived from three prospective cohort studies of PWUD in Vancouver in 2014–2018. Multivariable logistic regression was used to determine factors associated with EMS-calling among PWUD who witnessed an overdose event. An interrupted time series (ITS) analysis was employed to assess the impact of GSL on monthly prevalence of EMS-calling. Results Among 540 eligible participants, 321 (59%) were males and 284 (53%) reported calling EMS. In multivariable analysis, ever having administered naloxone three or more times (adjusted odds ratio [AOR] 2.00; 95% confidence interval [CI] 1.08–3.74) and residence in the Downtown Eastside (DTES) neighbourhood of Vancouver (AOR 1.96; 95% CI 1.23–3.13) were positively associated with EMS-calling, while living in a single occupancy hotel (SRO) was negatively associated with EMS-calling (AOR 0.51; 95% CI 0.30–0.86). The post-GSL enactment period was not associated with EMS-calling (AOR 0.81; 95% CI 0.52–1.25). The ITS found no significant difference in the monthly prevalence of EMS-calling between pre- and post-GSL enactment periods. Conclusion We observed EMS being called about half the time and the GSL did not appear to encourage EMS-calling. We also found that individuals living in SROs were less likely to call EMS, which raises concern given that fatal overdose cases are concentrated in SROs in our setting. The link between many naloxone administrations and EMS-calling could indicate that those with prior experience in responding to overdose events were more willing to call EMS. Increased efforts are warranted to ensure effective emergency responses for drug overdoses among PWUD.
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"The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state take control of private citizens--that is, when they exercise their powers to detain or to arrest. The book focuses on “street-level” encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play. This third edition has been updated to incorporate significant statutory changes to Part XVI of the Criminal Code (Compelling Appearance of Accused Before a Justice and Interim Release), to common law powers (powers of detention, safety searches, search incident to arrest, etc.), to developments in the law in deaing with racial profiling, and to Charter rights (freedom from arbitrary detention, right to counsel, and so on)."-- Provided by publisher.
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This book recounts the many and varied transformations in the history of law in Canada in the half century after Confederation.
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