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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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The overarching theme of this collection is the influence of apex courts on the development of the common law¹ – in particular, how the institutional position of apex courts causes them to shape the common law and, conversely, how the traditions of the common law shape the way in which apex courts conceive of their role. Contributors from around the common law world address the overarching theme in three different contexts: first, the particular characteristics of the apex courts of several selected jurisdictions; second, the influence, if any, of constitutionalism and bills of rights on apex courts’ relationships to the
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The appeal plays a central role in the modern Canadian criminal justice system. Appellate rulings are the primary means by which, through the assessment of trial error, substantive criminal law and the law of evidence evolve and develop. Scarcely more than a century ago, however, formal criminal appeals were unknown to Anglo-Canadian criminal procedure. What provoked the creation of a criminal appellate procedure? Why and how did criminal appeals emerge in Canada at the end of the 19th century? Answers to these questions can enrich our appreciation of the essential nature and function of the modern criminal appeal. This article examines the 19th century English debates on the establishment of a criminal appeal and places these debates in the context of the loss of the old forms of jury control in the 18th century. The author shows that the emergence of the criminal appeal was closely tied to a 19th century debate between the judges of England and members of the legal profession about the frailties of trial by jury and the need for a new means of trial error correction. The author argues that, accordingly, the modern criminal appeal is best understood as, at core, a mechanism of jury control. [PUBLICATION ABSTRACT]
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"In December 1883, Peter Lazier was shot in the heart during a bungled robbery at a Prince Edward County farmhouse. Three local men, pleading innocence from start to finish, were arrested and charged with his murder. Two of them—Joseph Thomset and [George] Lowder—were sentenced to death by a jury of local citizens the following May. Nevertheless, appalled community members believed at least one of them to be innocent—even pleading with the prime minister, John A. Macdonald, to spare them from the gallows. The Lazier Murder explores a community's response to a crime, as well as the realization that it may have contributed to a miscarriage of justice. Robert J. Sharpe reconstructs and contextualizes the case using archival and contemporary newspaper accounts. The Lazier Murder provides an insightful look at the changing pattern in criminal justice in nineteenth-century Canada and the enduring problem of wrongful convictions." -- jacket cover summary
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"The goal of this book is to help render the statutory and common law rules of criminal procedure more comprehensible and accessible to practitioners and students. It presents the law of criminal procedure visually, through a series of annotated charts and diagrams."-- Provided by publisher.
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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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