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Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing to award gain-based remedies for breaches of confidence, in the court’s discretion. In the context of infringements of intellectual property rights, which is federal law, the legislation makes clear that gain-based remedies are available, although again this is in the discretion of the court. In both common law and Quebec civil law, in situations where one person is managing the property or affairs of another in a fiduciary capacity, improper gains must be surrendered, although it is arguable that the law ascribes rights acquired by the manager to the principal as the correct legal implementation of the parties’ relationship, rather than as a remedy for wrongdoing.

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.

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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.

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The current study examined the rate and psychiatric correlates of sexual abuse involving the use of digital technologies by the offender in a wide sample of juvenile victims. Sociodemographic, abuse, and psychiatric characteristics of 662 sexually abused children and adolescents were evaluated. Of these, 93 reported that digital devices were used by the offender in several ways to facilitate the sexual abuse. The offender–victim relationship was initiated through the Internet in 39 victims. Involvement of digital technologies in sexual abuse was significantly associated with penetrative and recurrent form of sexual abuse commited by multiple offenders with coexisting violence. Additionally, victims of sexual abuse with a digital component were 4.21 times more likely to develop any psychopathology, 3.77 times more likely to have depression, and 2.14 times more likely to have post-traumatic stress disorder as a result of sexual abuse. These results indicated that the offender's use of digital technology may aid the initiation and facilitaion of the sexual abuse of youths and may relate to more severe outcomes. This study revealed the importance of raising the awareness of professionals and the community about the potential risks associated with digital technologies and sexual abuse. Mental health professionals should consider this additional form of victimization, especially when dealing with sexual abuse victims.

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Il y a maintenant près de 25 ans, était publiée la seconde édition de cet ouvrage concernant le droit de la santé et de la sécurité du travail. Bien entendu, depuis ce temps, les tribunaux, que ce soit la Commission des lésions professionnelles, le Tribunal administratif du travail ou encore les tribunaux de droit commun, soit la Cour supérieure, la Cour d'appel du Québec et, ultimement, la Cour suprême du Canada, ont rendu de multiples décisions sur les sujets abordés par notre ouvrage. Le nombre de décisions analysées se chiffrant par milliers, l'ouvrage présente une synthèse de la jurisprudence pour en dégager les principes et propose à l'occasion diverses interprétations. -- Résumé de l'éditeur