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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.
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The Court of Quebec today is an impressive institution in terms of the range and variety of its areas of responsibility in both civil and criminal matters, and also in administrative law and related matters. What is the true vocation of this Court ? Recently an Administrative and Appellate Division was created. The significance of appeals to the Court of Québec is a controversial topic, since it is not a superior court. There have been several decisive turning-points in the contemporary history of the Court. In 1965, the Supreme Court allowed a significant expansion of its civil jurisdiction to include, for example, administrative contracts and the civil liability of the Public Administration. On the other hand, in 1972 the Supreme Court deprived the Court of one of its traditional responsibilities in the field of municipal law, namely challenges to municipal by-laws on grounds of illegality. The specific role of the Court as the court of appeal for administrative law was studied in the Dussault Report in 1970, the White Paper of 1975, the Ouellette Report of 1987 and the Garant Report in 1994. During the 1970s, the Legislature continued to multiply rights of appeal to the Court, while setting up several key administrative appeal tribunals such as the Labour Court, the Transport Tribunal and the Professions Tribunal, to which it appointed judges of the Court. The Court has become the largest judicial institution in Quebec, with 270 regular judges and 33 justices of the peace. Since the 1960s, the Court has enjoyed the favour of the Quebec Legislature. However in 1996-97, the Court lost certain appeal responsibilities to the Administrative Tribunal of Québec, but remained an important appeal tribunal in a variety of fields, including expropriation, income tax, municipal taxation, electoral disputes, agricultural land protection, police ethics, housing, and access to information. The Court also hears appeals from several administrative tribunals. However, the key question here is to clarify the scope of the judicial review exercised by the Quebec Court as compared to that exercised by the Superior Court…
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A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000.The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods.The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
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This introduction to legal history contains chapters on law and custom in early Britain, jury and pleading, real property, criminal procedure and more.
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This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation, injunction, the unwinding remedies (e.g., rescission), and the supervisory remedies (e.g., instruction, removal). One point of emphasis is the close relationship between fiduciary duties and fiduciary remedies. The chapter also distinguishes the remedies of fiduciary law from those of agency. In addition, the chapter considers three major unsettled questions. First, are the remedial aims of fiduciary law distinct from tort and contract? Second, how should judges and scholars think about fiduciary remedies in light of the distinction between law and equity? Third, is punishment of an erring fiduciary a legitimate aim for fiduciary remedies?
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"New in this edition: Material on aboriginal settlement trusts, sham trusts, gratuitous transfer to trustee of pre-existing trust, resettlement of trust, administrative and cy-près schemes, public appeals (fundraising), rebutting presumptions in context of illegal purposes, personal liability of trustees, exculpatory clauses, and tracing into the payment of a debt. ... updated with new case and statute law, including references to the 2015 Trustees Act of New Brunswick that is based on the Uniform Trustee Act of 2012"--Publisher's website
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For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims
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