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This book offers a comprehensive analysis and comparison of the practice and case law of the European Court of Human Rights and the UN Committee against Torture in the assessment of individual complaints concerning the principle of non-refoulement.

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Refugee Law is a concise account of Canadian refugee law, policy, and procedure. It presents refugee law as an independent system, yet one that is open to and influenced by other branches of domestic law, international law, the practices of other jurisdictions, and the general global trends in forced migration. The book examines the historic and contemporary context of refugee law, formal law, and government policy, and the domestic and international principles of refugee protection. The authors seek to provide a solid foundation from which to judge the merits and weaknesses of the existing system, allowing the reader to engage with the ongoing debate, both academic and popular, about the Canadian refugee system.

Child sexual abuse (CSA) often leads to negative outcomes for victims, frequently over the long term. From recent qualitative research and supportive work with survivors there is reason to believe that image and/or online elements to sexual abuse add complexity and challenge to their recovery. This chapter attempts to pull together a picture of the negative impact of online sexual abuse drawing on all of these sources of knowledge. This includes exploration of why online and/or image elements in sexual abuse may worsen or complicate impact; why some children may be more negatively affected than others; how impact may change over time; where critical points of vulnerability may lie; and how emotions, meanings and experiences around online sexual abuse may play into subsequent difficulties. The chapter concludes by drawing out implications for work with children and families and suggesting directions for further research.

Transcripts of chat logs of naturally occurring, sexually exploitative interactions between offenders and victims that took place via Internet communication platforms were analyzed. The aim of the study was to examine the modus operandi of offenders in such interactions, with particular focus on the specific strategies they use to engage victims, including discursive tactics. We also aimed to ascertain offenders’ underlying motivation and function of engagement in online interactions with children. Five cases, comprising 29 transcripts, were analyzed using qualitative thematic analysis with a discursive focus. In addition to this, police reports were reviewed for descriptive and case-specific information. Offenders were men aged between 27 and 52 years (M = 33.6, SD = 5.6), and the number of children they communicated with ranged from one to 12 (M = 4.6, SD = 4.5). Victims were aged between 11 and 15 (M = 13.00, SD = 1.2), and were both female and male. Three offenders committed online sexual offenses, and two offenders committed contact sexual offenses in addition to online sexual offenses. The analysis of transcripts revealed that interactions between offenders and victims were of a highly sexual nature, and that offenders used a range of manipulative strategies to engage victims and achieve their compliance. It appeared that offenders engaged in such interactions for the purpose of sexual arousal and gratification, as well as fantasy fulfillment.

A preparatory process is widely accepted to be a common feature in the perpetration of sexual offenses. Numerous commentators, however, have documented the difficulties in defining and understanding this process, given its transient nature and its specificity to this one form of criminal behavior. This theoretical review aims to provide a universal model of a grooming process for the achievement of illicit or illegal goals in which achievement requires the compliance or submission of another individual—one that can be applied both to the sexual offending process and beyond. First, an evaluation of three process models of grooming is conducted. Second, using a process of theory knitting, an integrated universal model of illicit grooming is developed. This model unites salient elements of the previous models while seeking to address their limitations. It is founded in control theory and self-regulation approaches to behavior, assumes a goal-directed protagonist, and comprises two distinct phases, namely, (1) a potentiality phase of rapport-building, incentivization, disinhibition, and security-management and (2) a disclosure phase in which goal-relevant information is introduced in a systematic and controlled manner in order to desensitize the target. Finally, the theoretical quality of the model is appraised, and its clinical implications are discussed.

'The issue of young adult offenders in federal penitentiaries is not unique to Canada. Countries in the European Union and United Kingdom have identified problems and challenges housing youthful offenders with older, more seasoned inmates. Some countries use separate institutions to house the young adult population, even those serving an adult sentence. The Office of the Correctional Investigator (OCI) has highlighted in previous Annual Reports (2005-06 and 2013-14) that the Correctional Service of Canada (CSC) does not provide adapted housing accommodations, programming, services or interventions specific or responsive to young people despite the fact that they are often vulnerable to segregation placements, subject to abuse and intimidation by other inmates, pressured into or recruited by gangs in prison and have poorer overall outcomes'--p. 6.

Because of its structuring function, private international law tends to be given a status distinct from the ordinary rules of domestic law. In a federal system, private international law of necessity implicates some aspects of the constitution. In a series of cases beginning in 1990 the Supreme Court of Canada has engaged in a striking reorientation of Canadian private international law, premised on a newly articulated relationship between private international law and the Canadian constitutional system. This constitutional dimension has been coupled with an enhanced notion of comity. The new dynamic has meant that changes in private international law that were initially prompted by constitutional considerations have gone further than the constitutional doctrines alone would demand. This paper traces these developments and uses them to show the challenges that the Supreme Court of Canada has faced since 1990 in constructing a relationship between Canada’s constitutional arrangements and its private international law. The court has fashioned the constitutional doctrines as drivers of Canadian private international law but its own recent jurisprudence shows difficulties in managing that relationship. The piece concludes with lessons to be learned from the experience of the last 25 years.

The criminal justice system aims to maintain a balance between the individual interest of private citizens to carry on their lives free from state interference, and the communal interest in maintaining a safe society. These two goals come into conflict with each other most visibly when agents of the state physically take control of private citizens -- that is, when they exercise their powers to detain or to arrest.The book focuses on "street-level" encounters: detentions and arrests that occur in the course of investigating crime and laying charges. The authors explore the initial interaction between agents of the state or others authorized to detain and arrest, and the private citizens whose liberty is interfered with. It is at that point that the balance between societal safety and individual liberty is most keenly in play.This second edition has been updated to incorporate significant changes which have taken place with regard to statutory powers (the new citizen's arrest power and others), to common law powers (powers of detention, safety searches, search incident to arrest, etc.) and to Charter rights (freedom from arbitrary detention, right to counsel, and so on).

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What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.

This title provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law.

« Les rapports entre la banque et son client ont beaucoup évolué au fil des dernières décennies. Les causes sont multiples : pression concurrentielle, ouverture des frontières, développements technologiques, notamment. À titre d’exemple, sous l’effet de ces derniers, il est désormais courant pour un client d’accéder à son compte bancaire par le site Internet de son institution financière ou de favoriser les modes de paiement électroniques. L’ouvrage Droit bancaire traite les aspects relatifs aux institutions financières. Cette cinquième édition tient compte de ces nouvelles tendances ainsi que des nombreuses modifications législatives et normatives adoptées depuis l’édition précédente en 2004. »-- Résumé de l'éditeur

Freedom of expression and freedom of association are guaranteed by section 2 of the Charter of Rights and Freedoms. These freedoms are closely related, conceptually and philosophically, but evolved in different directions under the Charter. Whereas section 2(b)’s guarantee of expressive freedom generated a rich jurisprudence across diverse issues, section 2(d)’s attention focused on associational freedom in the context of labour union activities. The authors draw on a pocket of section 2(b) case law on picketing and other labour-related expressive activities to bring these guarantees into comparison. In doing so, they comment on the Supreme Court of Canada’s interpretation of each guarantee, including the constitutionalization of key aspects of labour relations under section 2(d). In addition, the authors critique the Court’s jurisprudence, emphasizing the central importance of protecting protest and dissent activities under both guarantees.

Volume 49, Nº 1 | Volume 49, Issue 1