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A Review of the Principles and Purposes of Sentencing in Sections 718-718.21 of the Criminal Code
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Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.
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Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to “civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools’ former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission’s final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada’s Residential Schools: The Legacy describes what Canada must do to overcome the schools’ tragic legacy and move towards reconciliation with the country’s first peoples. For over 125 years Aboriginal children suffered abuse and neglect in residential schools run by the Canadian government and by churches. They were taken from their families and communities and confined in large, frightening institutions where they were cut off from their culture and punished for speaking their own language. Infectious diseases claimed the lives of many students and those who survived lived in harsh and alienating conditions. There was little compassion and little education in most of Canada’s residential schools. Although Canada has formally apologized for the residential school system and has compensated its Survivors, the damaging legacy of the schools continues to this day. This volume examines the long shadow that the residential schools have cast over the lives of Aboriginal Canadians who are more likely to live in poverty, more likely to be in ill health and die sooner, more likely to have their children taken from them, and more likely to be imprisoned than other Canadians. The disappearance of many Indigenous languages and the erosion of cultural traditions and languages also have their roots in residential schools.
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Between 1867 and 2000, the Canadian government sent over 150,000 Aboriginal children to residential schools across the country. Government officials and missionaries agreed that in order to "civilize and Christianize" Aboriginal children, it was necessary to separate them from their parents and their home communities. For children, life in these schools was lonely and alien. Discipline was harsh, and daily life was highly regimented. Aboriginal languages and cultures were denigrated and suppressed. Education and technical training too often gave way to the drudgery of doing the chores necessary to make the schools self-sustaining. Child neglect was institutionalized, and the lack of supervision created situations where students were prey to sexual and physical abusers. Legal action by the schools' former students led to the creation of the Truth and Reconciliation Commission of Canada in 2008. The product of over six years of research, the Commission's final report outlines the history and legacy of the schools, and charts a pathway towards reconciliation. Canada's Residential Schools: The History, Part 1, Origins to 1939 places Canada's residential school system in the historical context of European campaigns to colonize and convert Indigenous people throughout the world. In post-Confederation Canada, the government adopted what amounted to a policy of cultural genocide: suppressing spiritual practices, disrupting traditional economies, and imposing new forms of government. Residential schooling quickly became a central element in this policy. The destructive intent of the schools was compounded by chronic underfunding and ongoing conflict between the federal government and the church missionary societies that had been given responsibility for their day-to-day operation. A failure of leadership and resources meant that the schools failed to control the tuberculosis crisis that gripped the schools for much of this period. Alarmed by high death rates, Aboriginal parents often refused to send their children to the schools, leading the government adopt ever more coercive attendance regulations. While parents became subject to ever more punitive regulations, the government did little to regulate discipline, diet, fire safety, or sanitation at the schools. By the period's end the government was presiding over a nation-wide series of firetraps that had no clear educational goals and were economically dependent on the unpaid labour of underfed and often sickly children.
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