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Courts, Litigants, and the Digital Age examines the ramifications of technology for courts, judges, and the administration of justice. It sets out the issues raised by technology, and, particularly, the Internet, so that conventional paradigms can be updated in the judicial context. In particular, the book dwells on issues such as proper judicial use of Internet sources, judicial ethics and social networking, electronic court records and anonymization techniques, control of the courtroom and jurors' use of new technologies, asnwell as the Internet's impact on judicial appointments and the diversity of thenjudiciary. The second edition includes discussion of current issues in thisnrapidly developing area, such as privacy protection, the "right to be forgotten," cyber intimidation, freedom of digital speech, and litigant anonymity. Through examination of relevant practical, legal, and ethical issues, it endeavours to extract lessons from the developing issues surveyed and proposes forward-thinking approaches based on proportionality principles.

Law Reform Commission of British Columbia (with Aikins, J. S.). (1983). Report on peremptory challenges in civil jury trials. The Commission.

Ontario Ministry of the Attorney General (with Iacobucci, F.). (2013). First Nations representation on Ontario juries: report of the independent review conducted by the Honourable Frank Iacobucci. Ministry of the Attorney General.

Royal Commission on the Donald Marshall, J. (with Hickman, T. A.). (1989). Royal Commission on the Donald Marshall, Jr. Prosecution: commissioners’ report : findings and recommendations. The Commission.

Manitoba Public Inquiry into the Administration of Justice and Aboriginal People (with Sinclair, M., & Hamilton, A. C.). (1991). Report of the Aboriginal Justice Inquiry of Manitoba, vol. 2, The Deaths of Helen Betty Osborne and John Joseph Harper (Vol. 2). Public Inquiry into the Administration of Justice and Aboriginal People.

The Aboriginal Justice Inquiry was created in response to two specific incidents: the death of Helen Betty Osborne and John Joseph Harper. These were separate incidents but were seen by many as troubling examples of the manner in which Manitoba's justice system was failing Aboriginal people. The scope of the inquiry was to include all components of the justice system, that is, policing, courts, and correctional services. The Commission considered whether Aboriginal and non-Aboriginal peoples were treated differently by the system and whether there were specific adverse effects, including possible systemic discrimination against Aboriginal people. The final written report is a thorough review.

Maitland, F. W. (with Fisher, H. A. L.). (1908). The constitutional history of England: a course of lectures. University Press.

Ferguson, G. A. (with Bouck, J. C., & Continuing Legal Education Society of British Columbia). (2019). CRIMJI, Canadian criminal jury instructions (4th ed., Vol. 1). The Continuing Legal Education Society of British Columbia. (Original work published 2005)

Proffatt, J. (1877). A treatise on trial by jury: including questions of law and fact : with an introductory chapter on the origin and history of jury trial. S. Whitney.

Du Parcq, H. (1948). Aspects of the Law: Being the Presidential Address of the President of the Holdsworth Club of the Students of the Faculty of Law in the University of Birmingham, 1947-48. Holdsworth Club of the University of Birmingham.

Barnett, L., Charron-Tousignant, M., & Dupuis, T. (2019). Bill C-75: An Act to Amend the Criminal Code, the Youth Criminal Justice Act and Other Acts and to Make Consequential Amendments to Other Acts. LIbrary of Parlament. (Original work published 2018)

Law Reform Commission of Canada. (1980). The jury in criminal trials: criminal law. The Commission.

Langbein, J. H. (2005). The origins of adversary criminal trial. University Press. https://doi.org/10.1093/acprof:oso/9780199287239.001.0001

The adversary system of trial, now the defining feature of Anglo-American criminal procedure, developed late in English legal history. For centuries, defendants were forbidden to have trial counsel. Prosecution counsel was allowed but seldom used. The criminal trial was meant to be a lawyer-free occasion at which the defendant could hear the accusing evidence and respond to it in person. The transformation from lawyer-free to lawyer-dominated criminal trials happened within the space of about a century, from the 1690s to the 1780s. This book explains how the lawyers captured the trial. In addition to conventional legal sources, the book draws upon a rich vein of contemporary pamphlet accounts about trials in London’s Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (notably reward-seeking thieftakers and crown witnesses testifying to save their own necks), the judges of the 1730s decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting defense counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. But defense counsel manipulated the dynamics of adversary procedure to defeat the judges’ design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and became instead an occasion for defense counsel to test the prosecution case.

Van Dyke, J. M. (1977). Jury selection procedures: our uncertain commitment to representative panels. Ballinger Pub. Co.

Webber, G. C. N. (2018). Legislated rights: securing human rights through legislation. University Press.

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Roach, K. (2019). Canadian justice, indigenous injustice: the Gerald Stanley and Colten Boushie case. McGill-Queen’s University Press. https://doi.org/10.1515/9780773556447

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property, self-defence, guns, and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial "hang fire" defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to "do better" is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Coke, E., Sir, 1552-1634. (1797). The third part of the institutes of the laws of England concerning high treason, and other pleas of the crown. And criminal causes. London : printed for E. and R. Brooke, 1797.

Second Part of the Institutes of the Laws of England. Containing the Exposition of Many Ancient and Other Statutes. (1797). Printed for E. and R. Brooke.

Burke, E. (1872). Reflections on the revolution in France and on the proceedings of certain societies in London relative to that event. Seeley, Jackson and Halliday. (Original work published 1790)

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