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"With a focus on the 1980 Hague Convention, this cutting-edge Research Handbook provides a holistic overview of the law on international child abduction from prevention, through voluntary agreements and Convention proceedings, to post-return and aftercare issues. Analysing the repercussions of abduction from the perspectives of both abducted children and the therapeutic professionals engaged in their cases, chapters assess the contributions of the many professionals and key agencies involved in the field. Identifying the 1980 Hague Convention as the principal global instrument for dealing with child abduction, the Research Handbook traces its role, history, development and impact, alongside the mechanisms required for its effective use. Evaluating current trends, areas of concern in legal practice and various regional initiatives, it considers alternatives to high-conflict court proceedings in international child abduction cases. The Convention's strengths, successes, weaknesses and gaps are discussed, and the Research Handbook concludes by addressing the need to tackle the challenges in its future operation. Interdisciplinary and accessible in approach, the contributions from renowned subject specialists will prove useful to students and scholars of human rights and family law, international law and the intersections between law and gender studies, politics and sociology. Its combination of research, policy and practice will be of use to legal practitioners working in family law alongside NGOs and central authorities working in the field"--
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How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are—either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be located within a broader conceptualization of IPV as a form of social and systemic entrapment if it is not to operate in a harmful manner for victim-survivors.
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"Since the Supreme Court’s landmark decision in R v Jordan, 2016 SCC 27, there has developed a complex new body of jurisprudence respecting how section 11(b) of the Charter of Rights and Freedoms is to be interpreted, and how the Jordan framework should be applied. A Proactive Practitioner’s Guide to Section 11(b) of the Charter provides a comprehensive and detailed review of the relevant caselaw, addressing issues including when section 11(b) is engaged, to what portion of proceedings the framework applies, how key concepts such as defence-caused delay and discrete exceptional circumstances are defined, how the impact of the pandemic has been accounted for, how section 11(b) is applied on sentencing, and considerations related to interlocutory proceedings and appeals. This guide provides both an examination of the caselaw relevant to these issues, and analysis and discussion related to outstanding questions yet to be settled by the courts. Accordingly, it will provide practitioners with ready answers, a foundation to pursue legal argument related to section 11(b) of the Charter, and with a roadmap to areas still open to be litigated."-- Provided by publisher.
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Courts around the world moved quickly in determining how to conduct proceedings remotely in response to COVID-induced shutdowns. However, both implicitly and by their actions, in the initial wake of pandemic closures Canadian courts demonstrated a consensus that jury trials could only be conducted in person, even as other proceedings moved to a digital realm. We provide a snapshot of what Canadian courts’ initial responses were in adapting to their new reality. We then highlight general issues that need to be considered in conducting court proceedings online, as well as describe issues specific to criminal jury trials. Our contention is that the failure of Canadian courts to address these issues, and their failure to make any considerations towards conducting jury trials remotely despite doing so for nearly all other proceedings, leaves the jury trial vulnerable to obsolescence in a digital world.
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"This book will be the second edition of our essential guide to when and how Charter remedies are available in criminal law. The book begins with "threshold matters," pertaining to when and how Charter remedies are available (e.g., which court, the standard of proof, procedural rules). The rest of the chapters focus on Charter remedies for particular outcomes in cases, ranging from excluding evidence, achieving a stay of proceedings, getting a sentence reduction, getting costs against the crown, making an application for habeas corpus review (unlawful detention), and legislative invalidity."-- Provided by publisher.
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