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The high rates of Aboriginal admissions to custody have been noted by Commissions of Inquiry, all levels of government, and Corrections texts in Canada for some time. In the most recent year for which data are available (2000–2001), Aboriginal offenders accounted for 19% of provincial admissions and 17% of federal admissions to custody. This article examines provincial custodial sentenced admissions for Aboriginal and non-Aboriginal offenders since 1978, when national statistics including the ethnicity of the offender were first published. Particular emphasis is paid in this analysis to recent trends during a period in which Parliament and the Supreme Court have tried to address the problem, the former by statutory recognition of the unique nature of Aboriginal offenders, the latter by judgments interpreting Criminal Code sentencing provisions introduced in 1996. The findings suggest that little progress has been made in reducing the number of Aboriginal sentenced admissions over the past few decades. Although the volume of Aboriginal admissions to custody has declined since 1993–1994, non-Aboriginal admissions have declined at an even faster rate, suggesting that specific policy changes are not responsible for the Aboriginal decline.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Heidi Esslinger, 2021 19 Annual Review of Insolvency Law, 2021 CanLIIDocs 13565
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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<p>In the wake of the global Coronavirus disease 2019 (COVID-19) pandemic, a rise in creditorinitiated winding-up proceedings is likely to be impending in coming years (See e.g., RCMA Asia Pte. Ltd. v. Sun Electric Power Pte. Ltd. [2020] SGHC 205). At the same time, geopolitical developments, such as the scale and ambition of Belt & Road Initiative projects, have raised questions over the issue of debt sustainability. Given the prevalence of arbitration clauses in modern international commercial and project agreements, the interplay and relationship between insolvency and dispute resolution, and especially arbitration, requires careful attention. While the intersections between the arbitration and insolvency regimes are numerous and multi-faceted, (Jennifer Permesly et al. ‘IBA Toolkit on Insolvency and Arbitration’ International Bar Association (March 2021), www.ibanet.org/LPD/Dispute_Resolution_Section/ Arbitration/toolkit-arbitration-insolvency.aspx (accessed 18 April 2021) the impact of an arbitration clause on winding-up petitions has attracted recent case law. The English, Hong Kong, and Singapore courts have each taken differing approaches to the question of how to deal with winding-up petitions presented over disputed debts that are subject to an arbitration clause. On one end of the spectrum, the Hong Kong courts currently appear to prefer a relatively more creditor-friendly approach. On the other hand, the Singapore Court of Appeal recently laid down a relatively more debtor-friendly approach. Undertaking a comparative analysis of the approaches taken by different common law jurisdiction, this article argues that the Singapore Court of Appeal’s approach is preferable. However, at least for courts in United Nations Commission on International Trade Law (UNCITRAL) Model Law jurisdictions (or jurisdictions where the mandatory stay regime of the Model Law is adopted), they ought to find that a disputed debt subject to an arbitration clause falls within the scope of the mandatory stay regime under the Model Law. This article further suggests a possible way in which the approach of the Singapore Court of Appeal can be reconciled with the mandatory stay regime under Singapore’s enactment of the Model Law.<br></p>
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