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Copyright has long been viewed as one of the government?s most difficult policy issues. It attracts passionate views from a wide range of stakeholders, including creators, consumers, businesses, and educators and it is the source of significant political pressure from the United States. The latest chapter in the Canadian copyright saga unfolded in June 2010 as Industry Minister Tony Clement and Canadian Heritage James Moore tabled Bill C-32, copyright reform legislation billed as providing both balance and a much-needed modernization of the law. The introduction marked the culmination of months of public discussion and internal government debate. This book represents an effort by some of Canada?s leading copyright experts to shift away from the sloganeering that has marked the debate to date by moving toward an informed analysis of Bill C-32 and the future development of Canadian copyright law. Edited by Professor Michael Geist, an internationally regarded authority on Internet and technology law, it responds to the need for non-partisan, informed analysis of Bill C-32. An exceptional group of Canadian scholars from coast-to-coast have come together to assess Canada?s plans for copyright reform and the digital agenda in this timely volume that features context for the reforms, analysis of its impact on technology, business, education, and creators, as well as a look ahead to future copyright and digital issues.
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This paper draws from the wrongful convictions of women to interrogate the limits of dominant conceptions of wrongful conviction. Most North American innocence projects turn on a conception of demonstrable factual innocence. The paper argues that this focus is problematic as a matter of criminal law principle and presents particular difficulties for women. The paper identifies that family violence forms the primary context for both the conviction of women for violent crimes, and for women's wrongful convictions. Taking two key examples of family violence – child homicide and intimate partner violence – we illustrate that the prevailing focus on demonstrable factual innocence fits awkwardly with identified wrongful convictions in these areas, and argue that this focus may deflect attention from unidentified miscarriages of justice. We suggest that focusing on factual innocence undermines the criminal justice system's proper focus on state responsibilities, including the responsibility to protect women and children from harm, and the asymmetric burden of proof that applies in criminal cases.
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Malini Vjaykumar, 2018 51-1 UBC Law Review 161, 2018 CanLIIDocs 11248
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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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"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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