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'As this study will show, a significant proportion of persons with disabilities, aged 15 or older, report experiencing bullying, encountering barriers and being excluded at school. Students with disabilities are lacking the institutional support, the accommodation, the funding and the programs and infrastructure required to access and benefit from the same quality of education as their fellow students. Moreover, students with disabilities are grappling with social exclusion, avoidance and bullying. These issues are the reality for both Indigenous and non-Indigenous students with disabilities alike-whether they are living in remote areas of Canada, on First Nations reserves, or in cities and urban centres across the country. The data contained in this report is the compilation of data from both the 2012 Canadian Survey on Disability as well as consultations with expert organizations from across Canada. This report is the second in a series that the Canadian Human Rights Commission (CHRC), in collaboration with
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"How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing ? including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence ? this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process" --publisher's description.
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Linda C Neilson, 2017 CanLIIDocs 2
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'In view of the implications of the Gladue and Ipeelee decisions for Canada's criminal justice system, this paper was designed to meet the following objectives: to provide a brief statistical overview on the overrepresentation of Indigenous persons in the Canadian correctional system, a summary of the legislative reforms that led to s. 718.2(e), and an overview of the court's interpretation in Gladue and Ipeelee; to analyze the key issues in the literature regarding the application of s. 718.2(e), and the Gladue and Ipeelee decisions in sentencing Indigenous individuals; to describe the justice system initiatives and programs that have been put in place to support the application of s. 718.2(e) in Canadian provinces and territories; and to summarize the studies on the experiences of members of the court system and Indigenous accused who have participated in Indigenous justice system initiatives"--Objectives, p. 5-6.
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The third edition of Kevin McGuinness's widely cited treatise on corporate law has been fully updated to take into account the significant degree of legislative development and the enormous expansion in the volume of case law which has occurred since the previous edition was published in 2007. The first volume centres on General Principles.
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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.