Your search
Results 933 resources
-
How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are—either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be located within a broader conceptualization of IPV as a form of social and systemic entrapment if it is not to operate in a harmful manner for victim-survivors.
-
This article examines the doctrine of abuse of process in Canadian criminal law in the light of two recent events, the decision of the Supreme Court of Canada in Amato c. R. and the adoption of the Canadian Charter of Rights and Freedoms.
-
Courts around the world moved quickly in determining how to conduct proceedings remotely in response to COVID-induced shutdowns. However, both implicitly and by their actions, in the initial wake of pandemic closures Canadian courts demonstrated a consensus that jury trials could only be conducted in person, even as other proceedings moved to a digital realm. We provide a snapshot of what Canadian courts’ initial responses were in adapting to their new reality. We then highlight general issues that need to be considered in conducting court proceedings online, as well as describe issues specific to criminal jury trials. Our contention is that the failure of Canadian courts to address these issues, and their failure to make any considerations towards conducting jury trials remotely despite doing so for nearly all other proceedings, leaves the jury trial vulnerable to obsolescence in a digital world.
-
Analysis: Considering Social Context Evidence in the Sentencing of Black Canadian Offenders
-
The common law of assumed jurisdiction in Canada now consists of judges interpreting and applying the presumptive connecting factors established for tort claims in Club Resorts Ltd. v Van Breda and identifying and fleshing out the contours of presumptive connecting factors for claims other than tort. There is a pressing need for detailed analysis. While the presumptive connecting factor of a tort committed in the forum has been easy to apply in some cases, such as motor vehicle collisions, it has been much harder to apply in cases of defamation, misrepresentation, deceit and conspiracy. Beyond tort, presumptive connecting factors for certain causes of action such as breach of fiduciary duty, breach of confidence, or reversal of an unjust enrichment remain under-analysed. Little consensus exists on what aspects, if any, of these claims would constitute a sufficient connection for assumed jurisdiction. There are also important questions about how the presumptive connecting factor approach operates for several federal and provincial statutory causes of action, which differ in important ways from common law claims, and for assumed jurisdiction with respect to concurrent claims.
Explore
Resource type
Topics
- Criminal law (1)
- Equity (1)
- Evidence (1)
- Voyeurism (1)
Publication year
-
Between 1900 and 1999
(212)
-
Between 1910 and 1919
(1)
- 1918 (1)
- Between 1930 and 1939 (5)
- Between 1940 and 1949 (6)
- Between 1950 and 1959 (8)
- Between 1960 and 1969 (14)
- Between 1970 and 1979 (18)
- Between 1980 and 1989 (58)
- Between 1990 and 1999 (102)
-
Between 1910 and 1919
(1)
-
Between 2000 and 2026
(720)
- Between 2000 and 2009 (253)
- Between 2010 and 2019 (304)
- Between 2020 and 2026 (163)
- Unknown (1)