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"The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decisions; their effectiveness in ensuring respect for human rights obligations; and the legitimacy of these bodies and their decisions. Containing contributions from a variety of eminent legal experts, including present and former members of the treaty bodies, the analysis should be read in light of the ongoing effort to strengthen treaty bodies under the auspices of the UN High Commissioner for Human Rights and with the involvement of relevant stakeholders"--Provided by publisher.

Roncarelli is remembered fifty years later particularly because of Justice Rand’s now iconic statement that “there is no such thing as absolute and untrammelled discretion.” Justice Rand defined “untrammelled discretion” as circumstances where action can be taken on any ground or for any reason that can be suggested to the mind of the decision maker. This statement has been understood to mean that all public regulation exercised through discretionary decision-making by executive officials has legal boundaries, and that the role of the courts is to ensure that decisions do not exceed those boundaries.

Disclaimer: This summary was generated by AI based on the content of the source document.

Disclaimer: This summary was generated by AI based on the content of the source document.

"Solicitor-Client Privilege is the only Canadian textbook of its kind to explain key aspects of lawyer-client confidentiality. With a Foreword written by former Supreme Court of Canada justice Ian Binnie, this distinctly Canadian law textbook analyzes the exceptions to privilege, conditions where privilege is unclear, and situations of competing interests that might bring into question the application of privilege. Especially useful is the examination of privilege in specific contexts, such as in civil litigation, administrative law, corporate settings, and government. Portable and immediately accessible, this useful hardcover book gives lawyers the answers they quickly need, and assurances as to when they can rely on solicitor-client privilege and when they can challenge it."--Publisher's description.

This book provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords' decision in Three Rviers District Council v. Bank of England (no.3) (2001) and the Supreme Court of Canada's decision to Odhavji Estate v. Woodhouse (2003)m misfeasance has been pleased with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarigies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state. -- back cover.

Disclaimer: This summary was generated by AI based on the content of the source document.

Disclaimer: This summary was generated by AI based on the content of the source document.

This chapter considers the effect of section 1, the “justification” section of the Canadian Charter, on the doctrinal development of section 15, the equality section. It begins by describing the development of the section 15 substantive equality analysis, including the claim of a conceptually complete separation from the section 1 analysis of state justification. The chapter then identifies some features of section 15 which suggest that this separation is less than complete, including the existence of section 15(2), and anxieties over constraining government action. The chapter then turns to three post-2001 cases in which the Supreme Court of Canada found discrimination under the Charter but then held that discrimination was “justified” through section 1, and asks what these cases might reveal about the symbolic significance of a finding of discrimination and the Court’s struggle with institutional competence concerns in equality claims.

Recent DNA exonerations have shed light on the problem that people sometimes confess to crimes they did not commit. Drawing on police practices, laws concerning the admissibility of confession evidence, core principles of psychology, and forensic studies involving multiple methodologies, this White Paper summarizes what is known about police-induced confessions. In this review, we identify suspect characteristics (e.g., adolescence; intellectual disability; mental illness; and certain personality traits), interrogation tactics (e.g., excessive interrogation time; presentations of false evidence; and minimization), and the phenomenology of innocence (e.g., the tendency to waive Miranda rights) that influence confessions as well as their effects on judges and juries. This article concludes with a strong recommendation for the mandatory electronic recording of interrogations and considers other possibilities for the reform of interrogation practices and the protection of vulnerable suspect populations.

There is a consensus that some racial groups are over-represented in their contact with the Canadian justice system, but a lack of agreement about possible reasons for this over-representation. The two dominant explanations for disproportionate minority contact (DMC) with the police are differential involvement in crime and differential treatment by the police. Differential treatment may be due to disproportionate possession by minorities of risk factors for police contact or to discriminatory policing. This paper uses data on self-reported delinquency and police contacts from a representative sample of Canadian youth aged 12 to 17 years from the National Longitudinal Study of Children and Youth to test the hypotheses that DMC is due to differential involvement or to differential treatment due to disproportionate risk factors. The results indicate that there was disproportionate minority contact with the police, but no support was found for explanations of DMC in terms of either differential involvement or differential treatment due to risk factors. Distinguishing between youth who report violent delinquency and all other youth, DMC was found only for the non-violent youth; this DMC was also not explained by differential treatment due to risk factors. By eliminating other explanations, the results suggest that racially discriminatory policing may be one explanation for DMC in Canada.

The central purpose of this study was to provide a platform for Indigenous young peoples’ opinions regarding the overrepresentation of Indigenous young people in the criminal justice system. Specifically, the study sought (a) their thoughts on broader issues that contribute to the overrepresentation of young people, and (b) strategies on how to reduce the overrepresentation of young people in the future. Results mirrored themes and findings from the research literature. However, the results are themes that are derived from the lived and observed experiences of Indigenous young people and the Anishinaabe, Haudenosaunee, and Métis communities.

Disclaimer: This summary was generated by AI based on the content of the source document.