Search
Full bibliography 2,265 resources
-
Prisons present a special context for the interpretation of constitutional rights, where prisoner complaints are pitched against the justifications of prison administrators. In the United States, the history of prisoner rights can be told as a story of the ebb and flow of judicial willingness to defer to the expertise-infused claims of prison administrators. Deference is ostensibly justified by a judicial worry that prison administrators possess specialized knowledge and navigate unique risks, beyond the purview of courts. In recent years, expansive judicial deference in the face of “correctional expertise” has eroded the scope and viability of prisoners’ rights, serving to restore elements of the historical category of “civil death” to the legal conception of the American prisoner. In Canada too, courts have often articulated standards of extreme deference to prison administrators, both before and after the advent of the Charter of Rights and Freedoms, and notwithstanding that the Charter places a burden on government to justify any infringement of rights. Recently, however, two cases from the Supreme Court of British Columbia mark a break from excessive deference and signify the (late) arrival of a Charter-based prison jurisprudence. In each case, prisoner success depended on expert evidence that challenged the assertions and presumed expertise of institutional defendants. In order to prove a rights infringement and avoid justification under section 1, the evidence must illuminate and specify the effects of penal techniques and policies on both prisoners and third parties. The litigation must interrogate the internal penal world, including presumptions about the workings of prisoner society and conceptions of risk management.
Explore
Resource type
- Blog Post (6)
- Book (767)
- Book Section (219)
- Case (229)
- Conference Paper (5)
- Dictionary Entry (78)
- Document (2)
- Encyclopedia Article (2)
- Journal Article (933)
- Magazine Article (2)
- Newspaper Article (2)
- Preprint (2)
- Presentation (1)
- Report (15)
- Thesis (1)
- Web Page (1)
Topics
- Aboriginal law (4)
- Aboriginal peoples (2)
- Abuse of process (5)
- Access to information (1)
- Administrative law (11)
- Admissibility (1)
- Appeals (5)
- Arrest (2)
- Assurance (1)
- Bankruptcy and insolvency (6)
- Banks (1)
- Canada (2)
- Charge to jury (2)
- Charter of Rights (31)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Civil procedure (2)
- Communications law (1)
- Constitutional law (48)
- Contracts (2)
- Copyright (8)
- Copyright Pentalogy (5)
- Costs (1)
- Court having jurisdiction (1)
- Courts (8)
- Criminal law (85)
- Crown law (1)
- Custody (4)
- Declaration of invalidity (1)
- Discoverability (1)
- Division of powers (4)
- Equity (1)
- Evidence (16)
- Expropriation (2)
- Extraterritoriality (1)
- Family law (7)
- Fiduciary duty (1)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Human rights (1)
- Immigration (3)
- Impaired driving (2)
- Income tax (4)
- Informer privilege (1)
- Infringement (2)
- Insurance (2)
- Intellectual property (8)
- Judicial review (5)
- Jurisdiction (5)
- Labour relations (1)
- Limitation of actions (1)
- Mediation (1)
- Negligence (1)
- Obligation of loyalty (1)
- Obstructing justice (1)
- Occupational health and safety (1)
- Open court principle (1)
- Patents (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (2)
- Property (1)
- Prosecutorial immunity (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (2)
- Sentencing (9)
- Sex workers (1)
- Sexual assault (6)
- Status of persons (1)
- Statutes (1)
- Taxation (6)
- Telecommunications (1)
- Torts (1)
- Trafficking in persons (1)
- Transportation law (2)
- Treaty rights (1)
- Trial (5)
- Voyeurism (1)
- Young persons (2)
Publication year
-
Between 1700 and 1799
(9)
-
Between 1700 and 1709
(1)
- 1701 (1)
- Between 1760 and 1769 (5)
-
Between 1770 and 1779
(1)
- 1777 (1)
-
Between 1790 and 1799
(2)
- 1797 (2)
-
Between 1700 and 1709
(1)
-
Between 1800 and 1899
(11)
- Between 1820 and 1829 (2)
-
Between 1830 and 1839
(1)
- 1830 (1)
-
Between 1840 and 1849
(1)
- 1849 (1)
- Between 1870 and 1879 (2)
-
Between 1880 and 1889
(1)
- 1880 (1)
- Between 1890 and 1899 (4)
-
Between 1900 and 1999
(448)
-
Between 1900 and 1909
(1)
- 1908 (1)
-
Between 1910 and 1919
(1)
- 1918 (1)
- Between 1920 and 1929 (2)
- Between 1930 and 1939 (8)
- Between 1940 and 1949 (9)
- Between 1950 and 1959 (13)
- Between 1960 and 1969 (31)
- Between 1970 and 1979 (38)
- Between 1980 and 1989 (141)
- Between 1990 and 1999 (204)
-
Between 1900 and 1909
(1)
-
Between 2000 and 2026
(1,796)
- Between 2000 and 2009 (420)
- Between 2010 and 2019 (698)
- Between 2020 and 2026 (678)
- Unknown (1)