Part 1: Indigenousness and Sentencing
1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE... more Part 1: Indigenousness and Sentencing 1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE DICKSON 29 Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward HARDIE RATH-WILSON 59 The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime NICOLE KELL Y 95 Decades in Crisis: A Critical Analysis of the Underuse of Section 81 and 84 of the Correction and Conditional Release Act and its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration MADISON PARKER Part 2: Mandatory Minimum Sentences 123 Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions STACEY M. PURSER 147 A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence BRYTON M.P. MOEN
Volume 43(4) is divided into three sections. The first section is entitled International Contri... more Volume 43(4) is divided into three sections. The first section is entitled International Contributions and highlights the work of two leading international scholars. The second thematic section is entitled Current Issues in Criminal Law and delves into issues as diverse as the use of victim impact statements and the Mr. Big investigatory process. The third and final section is a stand-alone Year in Review in which we present a paper summarizing the most recent Supreme Court of Canada and Manitoba Court of Appeal cases.
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE
In this chapter, the author provides a case study to demonstrate how a trust can be used to alter... more In this chapter, the author provides a case study to demonstrate how a trust can be used to alter the outcome of certain basic transactions. The particular focus of the case study is a securitization where a trust is used as part of a transaction to transform a secured borrowing into a transaction more advantageous for the corporate borrower. The essential elements of a securitization are first examined and compared with elements of the more traditional secured borrowing. This is followed by an examination from the perspective of “strategy” and explains how the use of the trust is designed to avoid the application of the legal rules that would otherwise apply to a borrowing and the consequences that would flow from such a borrowing transaction. The author then goes on to point out that, although the use of a trust may be strategic, it does not necessarily mean that negative results flow. Indeed, this particular strategy, in certain circumstances, can lead to advantages for parties other the initiator, such as creditors.
... Finally, thanks are also owed to my research assistants, Barbara Johnson, Jane Magree, Glen P... more ... Finally, thanks are also owed to my research assistants, Barbara Johnson, Jane Magree, Glen Perinot, Patty Robinet and Lyla Simon. DL MacPherson 177 He1nOnl1ne —— 28 Queen s L J. 177 2002—2003 Page 3. Hirsch': work. ...
Part 1: Indigenousness and Sentencing
1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE... more Part 1: Indigenousness and Sentencing 1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE DICKSON 29 Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward HARDIE RATH-WILSON 59 The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime NICOLE KELL Y 95 Decades in Crisis: A Critical Analysis of the Underuse of Section 81 and 84 of the Correction and Conditional Release Act and its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration MADISON PARKER Part 2: Mandatory Minimum Sentences 123 Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions STACEY M. PURSER 147 A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence BRYTON M.P. MOEN
Volume 43(4) is divided into three sections. The first section is entitled International Contri... more Volume 43(4) is divided into three sections. The first section is entitled International Contributions and highlights the work of two leading international scholars. The second thematic section is entitled Current Issues in Criminal Law and delves into issues as diverse as the use of victim impact statements and the Mr. Big investigatory process. The third and final section is a stand-alone Year in Review in which we present a paper summarizing the most recent Supreme Court of Canada and Manitoba Court of Appeal cases.
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE
In this chapter, the author provides a case study to demonstrate how a trust can be used to alter... more In this chapter, the author provides a case study to demonstrate how a trust can be used to alter the outcome of certain basic transactions. The particular focus of the case study is a securitization where a trust is used as part of a transaction to transform a secured borrowing into a transaction more advantageous for the corporate borrower. The essential elements of a securitization are first examined and compared with elements of the more traditional secured borrowing. This is followed by an examination from the perspective of “strategy” and explains how the use of the trust is designed to avoid the application of the legal rules that would otherwise apply to a borrowing and the consequences that would flow from such a borrowing transaction. The author then goes on to point out that, although the use of a trust may be strategic, it does not necessarily mean that negative results flow. Indeed, this particular strategy, in certain circumstances, can lead to advantages for parties other the initiator, such as creditors.
... Finally, thanks are also owed to my research assistants, Barbara Johnson, Jane Magree, Glen P... more ... Finally, thanks are also owed to my research assistants, Barbara Johnson, Jane Magree, Glen Perinot, Patty Robinet and Lyla Simon. DL MacPherson 177 He1nOnl1ne —— 28 Queen s L J. 177 2002—2003 Page 3. Hirsch': work. ...
On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (crimi... more On 7 November 2003, Royal Assent was given to Bill C-45, An Act to Amend the Criminal Code (criminal liability of organizations). This legislation aims to broaden the criminal liability of corporations and other organizations in two significant ways. First, it expands the basis for corporate criminal liability beyond the existing common law; second, it extends to non-corporate organizations criminal liability previously limited to corporations. Bill C-45 will apply to all fault-based offenses occurring on or after 31 March 2004, it does not apply to offenses of either absolute or strict liability. This paper will discuss the most crucial changes implemented by Bill C-45 and the likely impact of these changes. It concludes that while the government intends to broaden criminal liability through Bill C-45, and in some ways, is successful in so doing, certain parts may require amendment to achieve this goal within the frameworth of the Criminal Code.
Uploads
1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE DICKSON
29 Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward
HARDIE RATH-WILSON
59 The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime
NICOLE KELL Y
95 Decades in Crisis: A Critical Analysis of the Underuse of Section 81 and 84 of the Correction and Conditional Release Act and its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration MADISON PARKER
Part 2: Mandatory Minimum Sentences
123 Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions
STACEY M. PURSER
147 A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence
BRYTON M.P. MOEN
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE
1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE DICKSON
29 Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward
HARDIE RATH-WILSON
59 The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime
NICOLE KELL Y
95 Decades in Crisis: A Critical Analysis of the Underuse of Section 81 and 84 of the Correction and Conditional Release Act and its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration MADISON PARKER
Part 2: Mandatory Minimum Sentences
123 Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions
STACEY M. PURSER
147 A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence
BRYTON M.P. MOEN
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE