• Home
  • Search
  • Browse Collections
  • My Account
  • About
  • DC Network Digital Commons Network™
Skip to main content
Schulich Law Scholars Schulich School of Law, Dalhousie University
  • Home
  • About
  • FAQ
  • My Account

Home > SCHOLARSHIP > FACULTY_BOOKS

Books

 
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.

Follow

Switch View to Grid View Slideshow
 
  • Inalienable Properties: The Political Economy of Indigenous Land Reform by Jamie Baxter

    Inalienable Properties: The Political Economy of Indigenous Land Reform

    Jamie Baxter

    As many Indigenous communities return to self-governance and self-determination, they are taking their own approaches to property rights and community development. Why did the Nisga’a Nation introduce property rights that can be traded in the market? And how have communities such as the Membertou First Nation sustained control over their lands in the face of economic pressures for saleable rights? This book explores the contrasting approaches to land rights illustrated by four Indigenous communities in Canada – the Westbank, Membertou, Nisga’a, and James Bay Cree Nations. Jamie Baxter traces how local leaders set the course of land rights and development in their communities during formative periods of legal and economic upheaval. Drawing on new research about institutional change in organizational settings such as business firms and labour unions, Baxter uses game theory to explore how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. Inalienable Properties challenges the view liberalized land markets are the inevitable result of legal and economic change. It shows how inalienability can result from intentional choices and is linked to structures of decision-making that have long-lasting consequences for communities.

  • Criminal Procedure 4th ed. by Stephen Coughlan

    Criminal Procedure 4th ed.

    Stephen Coughlan

    This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as police powers to search, detain, or arrest; the right to counsel; interim release; disclosure and production; informations and indictments; jury selection and deliberation; trial within a reasonable time; and appeals.

    This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code, including powers of arrest, preliminary inquiries, and the jury selection process. In addition, it includes discussion of significant new Supreme Court of Canada cases, such as Le on arbitrary detention and racial profiling; Fleming v Ontario on powers of arrest; Saeed on search incident to arrest; Marakah, Jones, Reeves, and Mills on reasonable expectation of privacy; Antic on bail; and Jordan, Cody, and KJM on trial within a reasonable time.

  • Annual Review of Criminal Law 2019 by Steve Coughlan, Robert Currie, and Michelle Lawrence

    Annual Review of Criminal Law 2019

    Steve Coughlan, Robert Currie, and Michelle Lawrence

  • Annual Review of Criminal Law 2019 by Steve Coughlan, Robert Currie, and Michelle Lawrence

    Annual Review of Criminal Law 2019

    Steve Coughlan, Robert Currie, and Michelle Lawrence

  • International and Transnational Criminal Law by Robert Currie and Joseph Rikhof

    International and Transnational Criminal Law

    Robert Currie and Joseph Rikhof

    International criminal law has focused on the prosecution of truly international crimes — genocide, crimes against humanity, war crimes, and aggression. The emerging field of transnational criminal law reflects the fact that our post-Cold War, post-9/11 world has seenbthe growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state.

    This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime, from a substantive perspective and through examination of the expanding range of international tribunals dealing with such crimes. This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.

  • International & Transnational Criminal Law by Robert Currie and Joseph Rikhof

    International & Transnational Criminal Law

    Robert Currie and Joseph Rikhof

    International criminal law has focused on the prosecution of truly international crimes — genocide, crimes against humanity, war crimes, and aggression. The emerging field of transnational criminal law reflects the fact that our post-Cold War, post-9/11 world has seenbthe growth of transnational crimes of international concern, such as terrorism, money laundering, organized crime, and human and narcotics trafficking, as well as transnational crimes of domestic concern, which are simply ordinary domestic crimes that involve the jurisdiction of more than one state.

    This book surveys these two related but increasingly distinct fields with a focus on Canada, bringing together in one accessible text topics that are of increasing importance in a world of globalized crime, from a substantive perspective and through examination of the expanding range of international tribunals dealing with such crimes. This third edition updates caselaw and international practice from Canada, including substantial revisions relating to the prosecution of cross-border crimes. It also combines examinations of international courts and tribunals, transnational criminal law treaties, and recent literature to provide a unique perspective on these two international law disciplines that, while best viewed as separate, retain a common heritage and some overlapping concepts and applications.

  • Digital Commerce in Canada by Michael Deturbide and Teresa Scassa

    Digital Commerce in Canada

    Michael Deturbide and Teresa Scassa

    Formerly known as Electronic Commerce and Internet Law in Canada, the second edition of this book won the 2013 Walter Owen Book Prize – and this new title is sure to garner praise of the same magnitude. Written by leading experts in the field, Digital Commerce in Canada provides an in-depth look at digital transactions, and in particular the contractual nature of the relationships that form the basis of those transactions. The book also provides extensive consideration of private sector data protection law and its application.

    A comprehensive resource
    Rather than a treatise on Internet law, Digital Commerce in Canada examines the commercial framework that is developing in the context of digital transactions, including the important areas of electronic contracts, consumer protection, and data protection.

    The fully updated content in this latest edition features new and revised chapters dedicated to:

    • “Smart contracts” and blockchain – readers can gain a deeper understanding of the increasingly prevalent technology
    • Privacy and data protection in the private sector – a focus on the digital, online and mobile environments which are of growing concern in the digital realm
    • Content regulation – one of the areas with the greatest number of legal challenges as new communications clash with established norms concerning expression
    • Jurisdiction in cyberspace – a discussion of the state’s authority to prescribe law as it is generally limited to the political boundaries of each state, featuring an analysis of the Facebook/Google Supreme Court of Canada case

    The right book at the right time
    Given its up-to-date content and commentary, Digital Commerce in Canada would be especially useful for:

    • Corporate/commercial lawyers who represent clients conducting business on the Internet
    • Information technology and intellectual property lawyers who provide guidance to clients on copyright, patent and trademark issues on the Internet, and ancillary matters
    • Privacy and access to information lawyers who advise clients on how to protect themselves against security breaches, identity theft and other privacy issues
    • In-house counsel who must direct their client (i.e., the corporation) on how to conduct business on the Internet
    • Undergraduate and law students who are interested in learning more about Internet law and electronic commerce issues
    • Libraries who want to provide relevant material to their patrons

  • Public Law: Cases, Commentary and Analysis (4th Edition) by Craig Forcese, Adam M. Dodek, Philip L. Bryden, Richard Haigh, Mary Liston, and Constance MacIntosh

    Public Law: Cases, Commentary and Analysis (4th Edition)

    Craig Forcese, Adam M. Dodek, Philip L. Bryden, Richard Haigh, Mary Liston, and Constance MacIntosh

    Public Law: Cases, Commentary, and Analysis, 4th Edition is the only text of its kind devoted exclusively to public law in Canada. Serving as a primer on the subject, this title will educate students about the importance of statutes and regulations both as forms of law and as political responses to pressing issues in Canadian society. This text demonstrates concepts, principles, and theory in a direct and accessible manner, contextualized with carefully selected case excerpts. Cases are presented with insightful author commentary, which offers a compelling, cohesive introduction to the subject of public law.

    This edition reflects up-to-date legislation and cases, including changes to Canadian administrative law resulting from the Supreme Court’s decision in Vavilov et al.

  • Teachers and the Law: Diverse Roles and New Challenges by A Wayne MacKay and Lyle Sutherland

    Teachers and the Law: Diverse Roles and New Challenges

    A Wayne MacKay and Lyle Sutherland

    An invaluable resource for teachers and other education professionals, Teachers and the Law provides the legal knowledge necessary to fulfill multiple roles and to succeed in the modern, Canadian classroom. Teachers will be equipped to address a wide range of issues, including technology and social media, harassment, bullying, censorship, Indigenous education, privacy, equality, and more. This edition reflects updated legislation that relates to the evolving rights of teachers, students, and parents, as well as emphasizing the impact that courts and human rights tribunals have in shaping both educational policies and practices. This edition also examines emerging privacy challenges relating to technology, such as the distribution of intimate images; inclusive education; and social movements such as #MeToo.

  • Law and Intangible Cultural Heritage in the City by Sara Gwendolyn Ross

    Law and Intangible Cultural Heritage in the City

    Sara Gwendolyn Ross

    With disappearing music venues, and arts and culture communities at constant risk of displacement in our urban centers, the preservation of intangible cultural heritage is of growing concern to global cities.

    This book addresses the role and protection of intangible cultural heritage in the urban context. Using the methodology of Urban Legal Anthropology, the author provides an ethnographic account of the civic effort of Toronto to become a Music City from 2014-18 in the context of redevelopment and gentrification pressures. Through this, the book elucidates the problems cities like Toronto have in equitably protecting intangible cultural heritage and what can be done to address this. It also evaluates the engagement that Toronto and other cities have had with international legal frameworks intended to protect intangible cultural heritage, as well as potential counterhegemonic uses of hegemonic legal tools. Understanding urban intangible cultural heritage and the communities of people who produce it is of importance to a range of actors, from urban developers looking to formulate livable and sustainable neighbourhoods, to city leaders looking for ways in which their city can flourish, to scholars and individuals concerned with equitability and the right to the city. This book is the beginning of a conservation about what is important for us to protect in the city for future generations beyond built structures, and the role of intangible cultural heritage in the creation of full and happy lives.

    The book is of interest to legal and sociolegal readers, specifically those who study cities, cultural heritage law, and legal anthropology.

  • Research Handbook on Polar Law by Karen N. Scott and David L. Vanderzwaag

    Research Handbook on Polar Law

    Karen N. Scott and David L. Vanderzwaag

    This timely Research Handbook explores the concept of polar law as a coherent body of law and as a set of rules and principles that applies to both the Arctic and Antarctic. It captures the evolution of polar law and policy, identifying future directions for research in this emerging and growing field.
    /="/">
    /="/">Expert international contributors analyse the concept of polar law across a range of areas including human rights, bioprospecting, tourism, environmental protection and fisheries management. They examine how Antarctic and Arctic regional regimes contribute to polar law, scrutinizing international treaties, agreements and arrangements. With a focus on the evolution of polar law in the context of the Anthropocene, chapters cover key issues related to the poles, such as climate change, minerals exploration and boundary disputes. Demonstrating the benefits of polar as opposed to bipolar law, this Research Handbook provides a critical assessment of contemporary challenges to the field.
    /="/">
    /="/">Incorporating a diverse range of themes and topics, this Research Handbook will be a valuable resource for academics and students of polar law as well as those interested in how international law applies to the polar regions. It will also be beneficial for diplomats and policy makers working in polar law and policy fields.

  • The Anatomy of Criminal Procedure: A Visual Guide to the Law by Stephen Coughlan and Alex Gorlewski

    The Anatomy of Criminal Procedure: A Visual Guide to the Law

    Stephen Coughlan and Alex Gorlewski

    Criminal law is a powerful legal tool in Canadian society consisting of numerous procedural rules but little organization. Provisions of the Criminal Code that are directly relevant to each other are often separated by many different (and usually irrelevant) sections and subsections. The common law rules of criminal procedure, meanwhile, are often established incrementally, in numerous cases decided over a long period of time. With both the Code and common law, it can be difficult and time-consuming to assemble and explain the entire legal framework governing a particular police power or court procedure. This deficiency in the law is what led authors Steve Coughlan and Alex Gorlewski to create a comprehensible resource that clarifies the relationships among the individual statutory provisions and the common law rules of criminal procedure.
    /="/">
    /="/"> The Anatomy of Criminal Procedure: A Visual Guide to the Law illustrates the law of criminal procedure through nearly seventy annotated charts and diagrams. Across the whole criminal process — from search and seizure to appeals and sentencing — this book consolidates the statutory and common law rules around each step, visually depicts how they fit together, and explains in detailed annotations how the rules work and have been interpreted by courts. This is a valuable text for practitioners who work with the criminal process every day, as well as for students learning it for the first time. Coughlan and Gorlewski aim to outline the law as it was created and implemented by our institutions, while providing the coherence it sometimes lacks yet certainly requires.

  • Annual Review of Criminal Law 2018 by Steve Coughlan, Michelle Lawrence, and Robert Currie

    Annual Review of Criminal Law 2018

    Steve Coughlan, Michelle Lawrence, and Robert Currie

    An analysis of the most significant case law and statutory developments in 2018 and their impact on the practice of criminal law in Canada.

    The authors, who have written extensively on criminal law, procedure, and sentencing draw upon their varied experience to chronicle and analyze the most significant case law and statutory developments in 2018, detailing how they impact the practice of criminal law in Canada.

    With the new edition of Annual Review of Criminal Law it will be like having your own expert consultants to decipher the plethora of statutory and case law.

  • Environmental Law: Cases and Materials by Meinhard Doelle and Chris Tollefson

    Environmental Law: Cases and Materials

    Meinhard Doelle and Chris Tollefson

    In this new edition of Canada's leading environmental law text, Professors Doelle and Tollefson provide a fully updated and greatly expanded treatise that will be instrumental to practitioners, students, and environmental professionals alike. It includes a comprehensive collection of cases, articles, commentary, notes and questions and covers a broad range of topics, including:

    • International Environmental Law
    • The Common Law
    • Jurisdiction over the Environment
    • Environmental Regulation
    • Compliance and Enforcement
    • Judicial Review of Environmental Decision-making
    • Federal Environmental Assessment
    • Parks and Protected Areas
    • Species Protection
    • Climate Change

    With a primary focus on federal environmental law and practice, this third edition covers the current state of provincial, commonwealth and U.S. environmental law.

  • Environmental Law: Cases and Materials by Meinhard Doelle and Chris Tollefson

    Environmental Law: Cases and Materials

    Meinhard Doelle and Chris Tollefson

    In this new edition of Canada's leading environmental law text, Professors Doelle and Tollefson provide a fully updated and greatly expanded treatise that will be instrumental to practitioners, students, and environmental professionals alike. It includes a comprehensive collection of cases, articles, commentary, notes and questions and covers a broad range of topics, including:

    • International Environmental Law
    • The Common Law
    • Jurisdiction over the Environment
    • Environmental Regulation
    • Compliance and Enforcement
    • Judicial Review of Environmental Decision-making
    • Federal Environmental Assessment
    • Parks and Protected Areas
    • Species Protection
    • Climate Change
    With a primary focus on federal environmental law and practice, this third edition covers the current state of provincial, commonwealth and U.S. environmental law.

  • Dental Law in Canada by Michael Hadskis, Leah Hutt, and Mary McNally

    Dental Law in Canada

    Michael Hadskis, Leah Hutt, and Mary McNally

    This book offers valuable direction and practical advice to dental professionals and those interested in understanding and addressing the evolving challenges faced by the dentistry and other health professions – from business and employment law issues, to privacy and confidentiality matters, to malpractice claims and human rights complaints. Simply put, Dental Law in Canada, 3rd Edition is a must-have reference for oral health professionals and their advisors.

    Complete, Updated Content
    With contributions from recognized experts, Dental Law in Canada, 3rd Edition is the only Canadian resource to provide a comprehensive examination of the broad range of legal issues that dental professionals encounter on a regular basis. In this latest edition, readers will find updated content and analyses of recent developments, including:

    • Rewritten chapters on negligence and consent, as well as an extensively updated chapter on privacy and confidentiality, including an examination of the tort of breach of confidence and intrusion upon seclusion, and an expanded discussion of the role and impact of PIPEDA in dental practice
    • An expanded discussion of Medicare in relation to dental care
    • A consideration of the distinction between surgical and other dental care, and the resulting implications for provincial funding for treatment
    • A review of the national and provincial approaches to health care reform
    • An exploration of the shortcomings of private health insurance, including discussions related to access, administrative cost and adverse selection
    • An explanation of the economic phenomenon of the “moral hazard” in insurance
    • A comparison of the benefits and disadvantages of public and private insurance, and a reflection on the political and socio-economic trends contributing to the inaccessibility of dental insurance
    • An investigation of the inherent issues related to dental care in the Canada Health Act
    • A chart illustrating provincial dental programming for children
    • An evaluation of the access to dental benefits for Indigenous Peoples
    • A discussion of discriminatory billing practices with reference to the federal Non-Insured Health Benefits Program (NIHB)
    • An updated section on the role, process and procedure of the various provincial and territorial human rights commissions
    • Revised content based on the recent changes to the Employment Standards Act
    • An explanation of how to be compliant with privacy legislation when retaining records and personal information
    • Updated tax rules for dental corporations, including an expanded section on income splitting and dividends as well as an explanation of the amount of passive income that can be accumulated
    • A discussion of the applicable responsibilities when transferring patient records

    In addition, readers will benefit from new insight on a variety of topics related to dental law, such as:

    • The two-stage process used to establish that human rights law has been breached
    • The adverse distinctions in human rights
    • The legal issues relating to websites and e-commerce for a dental practice, including a discussion of copyright notices, privacy policies, legal disclaimers, terms of use and compliance with Canada’s anti-spam legislation (CASL)
    • A 2016 decision that addressed the question of whether an Ontario dentist had committed professional misconduct, and a related discussion exploring the issues of recordkeeping and drug prescription and administration
    • Canada’s legislative structure and the statutes governing dental professionals
    • A 2019 case that examined a dentist’s recordkeeping responsibilities
    • Sexual abuse of a patient by a dental professional, with case examples
    • The capacity of patients and dentists
    • The right to reasons as one of the rights of procedural fairness
    • The restorative approach of considering an Indigenous offender’s unique system or background factors in sentencing decisions
    • Dental research, including a discussion about Research Ethics Boards and their requirements, processes, guidelines and policies
    • Future dental business trends

    This authoritative resource also features revised references and detailed footnotes to reflect relevant examples, statutes and the most up-to-date sources, including references to relevant provisions of the Charter, where applicable.

    An Invaluable Resource
    This third edition of Dental Law in Canada will be particularly useful to:

    • Dentists and dental professionals who must navigate the world of dental law, including understanding the potential liabilities and how to address the legal issues that might arise
    • Other health professionals who can apply the content of this text to other health and medical contexts
    • Lawyers advising dentists and/or dental professionals as it offers an insightful summary of legal dental issues and is a practical guide and point of reference
    • Dental students who must learn about the legal issues that dentists face

  • Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries by Adelina Iftene

    Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries

    Adelina Iftene

    Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses. Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, which would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.

  • Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries by Adelina Iftene

    Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries

    Adelina Iftene

    Built around the experiences of older prisoners, Punished for Aging looks at the challenges individuals face in Canadian penitentiaries and their struggles for justice. Through firsthand accounts and quantitative data drawn from extensive interviews, this book brings forward the experiences of federally incarcerated people living their "golden years" behind bars. These experiences show the limited ability of the system to respond to heightened needs, while also raising questions about how international and national laws and policies are applied, and why they fail to ensure the safety and well-being of incarcerated individuals. In so doing, Adelina Iftene explores the shortcomings of institutional processes, prison-monitoring mechanisms, and legal remedies available in courts and tribunals, which leave prisoners vulnerable to rights abuses. Some of the problems addressed in this book are not new; however, the demographic shift and the increase in people dying in prisons after long, inadequately addressed illnesses, with few release options, adds a renewed sense of urgency to reform. Working from the interview data, contextualized by participants’ lived experiences, and building on previous work, Iftene seeks solutions for such reform, which would constitute a significant step forward not only in protecting older prisoners, but in consolidating the status of incarcerated individuals as holders of substantive rights.

  • Kindred's International Law: Chiefly as Interpreted and Applied in Canada, 9th Edition by Phillip Saunders, Robert Currie, Payam Akhavan, Jutta Brunnée, Ted McDorman, Gib van Ert, Frédéric Mégret, Karin Mickelson, Ikechi Mgbeoji, Linda C. Reif, and Christopher Waters

    Kindred's International Law: Chiefly as Interpreted and Applied in Canada, 9th Edition

    Phillip Saunders, Robert Currie, Payam Akhavan, Jutta Brunnée, Ted McDorman, Gib van Ert, Frédéric Mégret, Karin Mickelson, Ikechi Mgbeoji, Linda C. Reif, and Christopher Waters

    Kindred’s International Law Chiefly as Interpreted and Applied in Canada, 9th Edition emphasizes the experience and practice of international law from a Canadian perspective both domestically and in foreign relations. A publication of long-standing quality and distinguished reputation, this text has been repeatedly cited as an authority in the Supreme Court of Canada and lower courts for decades. It delivers a comprehensive overview of the foundational concepts, principles, sources, and institutions of the international legal system, and examines specific subject areas of importance in the world today.

    The ninth edition includes new insights from Gib van Ert, former Executive Legal Officer to the Chief Justice of Canada, and scholars Frédéric Mégret and Payam Akhavan. Additionally, readers will benefit from updated commentary and excerpts on recent treaty developments related to NAFTA and the Trans-Pacific Partnership Agreement.

    This is the only publication of its kind that can offer its reader the guidance and legal sources required to develop a solid and multifaceted understanding of international law from a Canadian perspective.

  • Annual Review of Criminal Law by Steve Coughlan, Robert Currie, and Michelle Lawrence

    Annual Review of Criminal Law

    Steve Coughlan, Robert Currie, and Michelle Lawrence

  • Annual Review of Criminal Law 2017 by Steve Coughlan, Robert Currie, and Michelle Lawrence

    Annual Review of Criminal Law 2017

    Steve Coughlan, Robert Currie, and Michelle Lawrence

    This volume presents the most significant criminal law decisions in five areas: substantive criminal law (Chapter 1), policing and the Charter (Chapter 2), evidence (Chapter 3), criminal procedure (Chapter 4) and sentencing (Chapter 5). Steve Coughlan of the Schulich School of Law at Dalhousie University has prepared chapters 2 and 4, Rob Currie, also of the Schulich School of Law at Dalhousie University, wrote chapters 1 and 3, while Michelle Lawrence of the Faculty of Law at the University of Victoria is responsible for chapter 5.

    The material covered consists of cases which appeared in the Criminal Reports (seventh series) volumes 32-40 and the Canadian Criminal Cases (third series) volumes 341 to 353.

  • Putting Trials on Trial by Elaine Craig

    Putting Trials on Trial

    Elaine Craig

    Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

  • Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession by Elaine Craig

    Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession

    Elaine Craig

    Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.

  • Global Environmental Change and Innovation in International Law by Neil Craik, Cameron Jefferies, Sara Seck, and Timothy Stephens

    Global Environmental Change and Innovation in International Law

    Neil Craik, Cameron Jefferies, Sara Seck, and Timothy Stephens

    The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.

  • Learning Canadian Criminal Law by Don Stuart and Steve Coughlan

    Learning Canadian Criminal Law

    Don Stuart and Steve Coughlan

    Learning Canadian Criminal Law, 14th Edition continues to focus on tools students must acquire to be effective criminal lawyers, including critical skills. The aim is to explore substantive principles and the trial context: the adversary system, how elements of crime are proved, principles of act and fault, legal justifications and excuses and sentencing principles. Integrated throughout is a consideration of the impact of the Charter. The focus is on major sources: the Criminal Code itself and key judicial decisions. Learning is facilitated by notes, questions, problems and general review questions. Learning Canadian Criminal Law, 14th Edition has been thoroughly updated and re-edited. Legislative changes considered include the new offence to criminalise the purchase of sex, anti-terrorism provisions enacted in Bill C-51 and limiting the partial provocation defence to murder. Also addressed are current Federal bills to remove Criminal Code provisions declared to violate the Charter, repeal anachronistic provisions, complex legal burden and reverse onus provisions, to amend sexual assault laws and to return to discretion not to award victim surcharges.

 
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
 
 

Search

Advanced Search

  • Notify me via email or RSS
Facebook Instagram Twitter LinkedIn

Links

  • Schulich School of Law
  • Sir James Dunn Law Library
  • Dalhousie University
  • Schulich Law Scholars LibGuide

Browse

  • Collections
  • Subjects
  • Authors
  • Faculty Research Profiles

Submissions

  • Author FAQ
Tweets by SchulichLaw
 
Elsevier - Digital Commons

Home | About | FAQ | My Account | Accessibility Statement

Privacy Copyright