Our third volume of 2020 is also divided into three sections: Corrections, Judicial Release, and ... more Our third volume of 2020 is also divided into three sections: Corrections, Judicial Release, and Related Issues; Critical Approaches in Criminal Justice; and Placing Theory into Criminal Law Practice. The first section contains two articles: Sarah Runyon’s “Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties” and Alana Hannaford’s “Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions.” Runyon’s article interrogates the prevalence of administration of justice charges in the context of Indigenous offenders. She argues that continually charging Indigenous offenders with breaching court orders, so called system generated charges, can create and perpetuate a social hierarchy from which the state justifies continued discrimination and oppression of the Indigenous population. Runyon goes on to revisit the seminal cases of Gladue and Ipeelee in the context of community-based dispositions.
2020 Volume 43(5), Special Issue
Criminal Law Edition (Robson Crim)
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
Corrections, Judicial Release, and Related Issues
1 Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties
SARAH RUNYON
39 Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions
ALANA HANNAFORD
Critical Approaches in Criminal Justice
65 Nuancing Feminist Perspectives on the Voluntary Intoxication Defence FLORENCE ASHLEY
95 The Criminalization of Non-Assimilation and Property Rights in the Canadian Prairies
LAUREN SAPIC
117 The Supreme Court of Canada’s Justification of Charter Breaches and its Effect on Black and Indigenous Communities
ELSA KAKA
145 Moms in Prison: The Impact of Maternal Incarceration on Women and Children
KATY STACK
Placing Theory into Criminal Law Practice
161 The Privacy Paradox: Marakah, Mills, and the Diminished Protections of Section 8
MICHELLE BIDDULPH
197 Social Suppliers and Real Dealers: Incorporating Social Supply in Drug Trafficking Law in Canada
SARAH FERENCZ
The home, for most of us, is an obvious zone to assert privacy and property rights. However, this... more The home, for most of us, is an obvious zone to assert privacy and property rights. However, this is not the case for those whose control of residential space is precarious. Our paper focuses on privacy rights under the Canadian constitution for those living in tents and, specifically, the judicial rejection of a tent as a home garnering legal protection under the Charter of Rights and Freedoms. We focus on a 2018 case from British Columbia, R. v. Picard, the only judicial decision that we could locate that has explored this question. In holding that the tent is not a home, Picard draws from the venerable castle doctrine, the deeply rooted legal principle that cements enhanced legal protection for the home. Drawing from legal geography, we argue that the castle doctrine is grounded in a particular legal-spatial imaginary, such that the home is represented in its ideal form as a privately owned detached dwelling. The connection between privacy rights and the home, as reflected in jur...
Respondent-driven sampling (RDS) has been widely used for recruiting hard-to-sample populations, ... more Respondent-driven sampling (RDS) has been widely used for recruiting hard-to-sample populations, particularly men who have sex with men and people who inject drugs from large urban centers. The aim of this article was to examine the feasibility of using RDS among nonmetropolitan youth who use drugs. Between May 2017 and June 2018, RDS was used to recruit youth who use drugs, ages 16–30, in three nonmetropolitan Canadian cities. All participants completed a 1-hr interviewer-administered survey. Youth received $25 for the interview, up to five coupons to recruit peers and $5 per coupon returned. Crude and RDS-weighted descriptive statistics were produced using RDS-II weights as were homophily (the tendency for people to be similar) and network size estimates. Statistically significant differences between seeds and recruits were identified using logistic regression. A subsample of recruits participated in qualitative interviews ( n = 38). Data from these interviews were inductively ana...
Our third volume of 2020 is also divided into three sections: Corrections, Judicial Release, and ... more Our third volume of 2020 is also divided into three sections: Corrections, Judicial Release, and Related Issues; Critical Approaches in Criminal Justice; and Placing Theory into Criminal Law Practice. The first section contains two articles: Sarah Runyon’s “Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties” and Alana Hannaford’s “Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions.” Runyon’s article interrogates the prevalence of administration of justice charges in the context of Indigenous offenders. She argues that continually charging Indigenous offenders with breaching court orders, so called system generated charges, can create and perpetuate a social hierarchy from which the state justifies continued discrimination and oppression of the Indigenous population. Runyon goes on to revisit the seminal cases of Gladue and Ipeelee in the context of community-based dispositions.
2020 Volume 43(5), Special Issue
Criminal Law Edition (Robson Crim)
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
Corrections, Judicial Release, and Related Issues
1 Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties
SARAH RUNYON
39 Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions
ALANA HANNAFORD
Critical Approaches in Criminal Justice
65 Nuancing Feminist Perspectives on the Voluntary Intoxication Defence FLORENCE ASHLEY
95 The Criminalization of Non-Assimilation and Property Rights in the Canadian Prairies
LAUREN SAPIC
117 The Supreme Court of Canada’s Justification of Charter Breaches and its Effect on Black and Indigenous Communities
ELSA KAKA
145 Moms in Prison: The Impact of Maternal Incarceration on Women and Children
KATY STACK
Placing Theory into Criminal Law Practice
161 The Privacy Paradox: Marakah, Mills, and the Diminished Protections of Section 8
MICHELLE BIDDULPH
197 Social Suppliers and Real Dealers: Incorporating Social Supply in Drug Trafficking Law in Canada
SARAH FERENCZ
The home, for most of us, is an obvious zone to assert privacy and property rights. However, this... more The home, for most of us, is an obvious zone to assert privacy and property rights. However, this is not the case for those whose control of residential space is precarious. Our paper focuses on privacy rights under the Canadian constitution for those living in tents and, specifically, the judicial rejection of a tent as a home garnering legal protection under the Charter of Rights and Freedoms. We focus on a 2018 case from British Columbia, R. v. Picard, the only judicial decision that we could locate that has explored this question. In holding that the tent is not a home, Picard draws from the venerable castle doctrine, the deeply rooted legal principle that cements enhanced legal protection for the home. Drawing from legal geography, we argue that the castle doctrine is grounded in a particular legal-spatial imaginary, such that the home is represented in its ideal form as a privately owned detached dwelling. The connection between privacy rights and the home, as reflected in jur...
Respondent-driven sampling (RDS) has been widely used for recruiting hard-to-sample populations, ... more Respondent-driven sampling (RDS) has been widely used for recruiting hard-to-sample populations, particularly men who have sex with men and people who inject drugs from large urban centers. The aim of this article was to examine the feasibility of using RDS among nonmetropolitan youth who use drugs. Between May 2017 and June 2018, RDS was used to recruit youth who use drugs, ages 16–30, in three nonmetropolitan Canadian cities. All participants completed a 1-hr interviewer-administered survey. Youth received $25 for the interview, up to five coupons to recruit peers and $5 per coupon returned. Crude and RDS-weighted descriptive statistics were produced using RDS-II weights as were homophily (the tendency for people to be similar) and network size estimates. Statistically significant differences between seeds and recruits were identified using logistic regression. A subsample of recruits participated in qualitative interviews ( n = 38). Data from these interviews were inductively ana...
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Books and Edited Journals by Sarah Ferencz
2020 Volume 43(5), Special Issue
Criminal Law Edition (Robson Crim)
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
Corrections, Judicial Release, and Related Issues
1 Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties
SARAH RUNYON
39 Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions
ALANA HANNAFORD
Critical Approaches in Criminal Justice
65 Nuancing Feminist Perspectives on the Voluntary Intoxication Defence FLORENCE ASHLEY
95 The Criminalization of Non-Assimilation and Property Rights in the Canadian Prairies
LAUREN SAPIC
117 The Supreme Court of Canada’s Justification of Charter Breaches and its Effect on Black and Indigenous Communities
ELSA KAKA
145 Moms in Prison: The Impact of Maternal Incarceration on Women and Children
KATY STACK
Placing Theory into Criminal Law Practice
161 The Privacy Paradox: Marakah, Mills, and the Diminished Protections of Section 8
MICHELLE BIDDULPH
197 Social Suppliers and Real Dealers: Incorporating Social Supply in Drug Trafficking Law in Canada
SARAH FERENCZ
Papers by Sarah Ferencz
2020 Volume 43(5), Special Issue
Criminal Law Edition (Robson Crim)
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
Corrections, Judicial Release, and Related Issues
1 Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties
SARAH RUNYON
39 Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions
ALANA HANNAFORD
Critical Approaches in Criminal Justice
65 Nuancing Feminist Perspectives on the Voluntary Intoxication Defence FLORENCE ASHLEY
95 The Criminalization of Non-Assimilation and Property Rights in the Canadian Prairies
LAUREN SAPIC
117 The Supreme Court of Canada’s Justification of Charter Breaches and its Effect on Black and Indigenous Communities
ELSA KAKA
145 Moms in Prison: The Impact of Maternal Incarceration on Women and Children
KATY STACK
Placing Theory into Criminal Law Practice
161 The Privacy Paradox: Marakah, Mills, and the Diminished Protections of Section 8
MICHELLE BIDDULPH
197 Social Suppliers and Real Dealers: Incorporating Social Supply in Drug Trafficking Law in Canada
SARAH FERENCZ