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How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are—either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be located within a broader conceptualization of IPV as a form of social and systemic entrapment if it is not to operate in a harmful manner for victim-survivors.
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"Since the Supreme Court’s landmark decision in R v Jordan, 2016 SCC 27, there has developed a complex new body of jurisprudence respecting how section 11(b) of the Charter of Rights and Freedoms is to be interpreted, and how the Jordan framework should be applied. A Proactive Practitioner’s Guide to Section 11(b) of the Charter provides a comprehensive and detailed review of the relevant caselaw, addressing issues including when section 11(b) is engaged, to what portion of proceedings the framework applies, how key concepts such as defence-caused delay and discrete exceptional circumstances are defined, how the impact of the pandemic has been accounted for, how section 11(b) is applied on sentencing, and considerations related to interlocutory proceedings and appeals. This guide provides both an examination of the caselaw relevant to these issues, and analysis and discussion related to outstanding questions yet to be settled by the courts. Accordingly, it will provide practitioners with ready answers, a foundation to pursue legal argument related to section 11(b) of the Charter, and with a roadmap to areas still open to be litigated."-- Provided by publisher.
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Courts around the world moved quickly in determining how to conduct proceedings remotely in response to COVID-induced shutdowns. However, both implicitly and by their actions, in the initial wake of pandemic closures Canadian courts demonstrated a consensus that jury trials could only be conducted in person, even as other proceedings moved to a digital realm. We provide a snapshot of what Canadian courts’ initial responses were in adapting to their new reality. We then highlight general issues that need to be considered in conducting court proceedings online, as well as describe issues specific to criminal jury trials. Our contention is that the failure of Canadian courts to address these issues, and their failure to make any considerations towards conducting jury trials remotely despite doing so for nearly all other proceedings, leaves the jury trial vulnerable to obsolescence in a digital world.
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"This book will be the second edition of our essential guide to when and how Charter remedies are available in criminal law. The book begins with "threshold matters," pertaining to when and how Charter remedies are available (e.g., which court, the standard of proof, procedural rules). The rest of the chapters focus on Charter remedies for particular outcomes in cases, ranging from excluding evidence, achieving a stay of proceedings, getting a sentence reduction, getting costs against the crown, making an application for habeas corpus review (unlawful detention), and legislative invalidity."-- Provided by publisher.
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Le 573e recueil de textes dans la série des colloques du Service de la qualité de la profession du Barreau du Québec regroupe les conférences prononcées le 27 mars 2025, à Montréal, dans le cadre du colloque Les développements récents en droit criminel. Nous sommes particulièrement heureux d’avoir pu compter sur l’expertise et la généreuse collaboration de Me Léon Moubayed du cabinet Davies Ward Phillips et Vineberg, S.E.N.C.R.L., s.r.l. et de MeJulie Auclair du Barreau du Québec. Nous devons à MeMoubayed et MeAuclair d’avoir su réunir une équipe de spécialistes chevronnés autour de sujets pertinents. Les conférenciers retenus en raison de leur expertise et de leurs connaissances, n’ont pas hésité à consacrer nombre d’heures au bénéfice de la communauté juridique.
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"The 2nd edition, as part of our "Criminal Law Series," continues to be a very practical, balanced, and concise treatment of all issues related to criminal sentencing. The book begins with general principles and then moves on to discuss pleas negotiations, procedure and advocacy in sentencing hearings, impact on the victim, types of sentences available, Charter considerations, the sentencing ruling itself, appellate issues, ancillary orders, and post sentencing issues. This edition includes a new chapter on specific offences."-- Provided by publisher.
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