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"This book analyzes the modern principle of statutory interpretation as described by Canadian courts. An invaluable resource, the book includes the topic from an administrative law perspective, as well as constitutional interpretation."-- Provided by publisher.
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The Canadian Registry of Wrongful Convictions www.wrongfulconviction.ca .like similar registries in the United States and the United Kingdom, was designed to facilitate research on patterns and trends in wrongful convictions. As of its launch in February 2023, 15 of 83 remedied wrongful convictions or 17% were the result of guilty pleas by the accused. This is a similar percentage as found in a UK registry and lower than the 27% of guilty plea wrongful convictions found in the US registry. Forty percent of the guilty plea wrongful convictions were entered by women. Most of these involved the flawed expert testimony of Charles Smith about the cause of baby deaths and the majority of all remedied guilty plea wrongful convictions were for imagined crimes that did not happen. Almost half (7 of 15) of Canada’s false guilty pleas were taken from racialized people including three Indigenous men, one Black and Indigenous man, another Black man and a Brown man who had recently immigrated from India. Two of the fifteen false guilty pleas were taken from accused persons who had diagnosed mental health and cognitive challenges. With the exclusion of one false guilty plea to a mandatory sentence of life imprisonment and ineligibility for parole for 10 years, the average sentence in the remaining 14 cases was 10 months with evidence of “lop-sided” pleas especially in the cases involving Charles Smith and 2 of the 14 received sentences of time already served.
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Drawing on Rachel Dioso-Villa''s repository of wrongful convictions published in this issue, this article examines known cases of wrongful convictions of Indigenous persons in Australia and Canada. It finds that Indigenous people are over-represented among the wrongfully convicted in relation to their representation in the population in both Australia and Canada. At the same time, there are likely many undiscovered wrongful convictions of Indigenous persons especially when the over-representation of Indigenous men and women in prison is considered. A factor in this likely under-representation of Indigenous people among remedied wrongful convictions may be the incentives that accused, especially Indigenous women, face to plead guilty even if they are not guilty. This finding underlines some of the dangers of limiting wrongful convictions to cases of proven factual innocence and not including among the wrongfully convicted those who may have valid defences such as self-defence.
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Between 2006 to 2008, no less than three public inquiries recommended that, absent a reasonable likelihood of re-prosecution, prosecutors should allow the wrongfully convicted to be acquitted and not be subject to prosecutorial stays. Prosecutorial stays are an exercise of prosecutorial discretion under. 579 of the Criminal Code that can only be challenged with evidence of flagrant impropriety. They do not provide protection against double jeopardy. They can amount to a third “legal limbo” verdict between guilty and not guilty. Only two prosecutorial services in Canada have adopted the three inquiry recommendations in their guidelines or deskbooks. This failure has real world consequences: namely at least five cases involving seven accused in four different provinces since 2016 where convictions were overturned because of new evidence relevant to guilt or innocence only to be the subject of a prosecutorial stay which deprived the previously convicted person of a verdict on the merits. In addition to being at odds with the three inquiry recommendations, such uses of prosecutorial stays promote continued suspicion of the wrongfully convicted and create two classes of the wrongfully convicted: those who are acquitted and those who only receive a prosecutorial stay.
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"Comprehensive study of the Canadian Supreme Court's practice in the field of stare decisis."-- Provided by publisher.
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Le Petit Robert. Le grand dictionnaire de la langue française. Une description inégalée de la langue française. La langue d'aujourd'hui : les mots nouveaux et les emplois les plus récents, l'orthographe et ses dernières évolutions. L'usage de chaque mot : son orthographe, sa prononciation, ses différentes significations illustrées de nombreux exemples, les expressions et les locutions où il figure. L'étymologie : l'histoire du mot, avec sa date d'apparition, son origine et le cheminement de ses sens. Au fil des mots et des textes. Les synonymes et les contraires, pour passer d'une idée à l'autre, du connu à l'inconnu. Les citations des grandes oeuvres de la littérature, des auteurs classiques ou contemporains, ainsi que des phrases célèbres, des répliques de films et des paroles de chansons. La francophonie, de l'Europe aux îles du Pacifique, en passant par l'Amérique du Nord et les Antilles
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reside 1. to live, have your home, or stay in a place: 2. to live, have your home, or…
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