Includes proceedings of the Annual Constitutional Cases Conference held at Osgoode Hall Law School, Toronto on May 4-5, 2012. Includes bibliographical references.
Contents:
Introduction : the Constitution of Criminal Justice in Canada / Benjamin L. Berger and James Stribopoulos -- The Charter balance against unscrupulous law and order politics / Don Stuart -- Attending to equality : criminal law, the Charter, and competitive truths / Rosemary Cairns Way -- The Charter versus the government's crime agenda / Kent Roach -- Section 7 of the Charter and the principled assignment of legislative jurisdiction / Alana Klein -- Deprivations of liberty : the impact of the Charter on substantive criminal law / Alan Young -- The intoxication defence : constitutionality impaired and in need of rehabilitation / Gerry Ferguson -- From Smith to Smickle : the Charter's minimal impact on mandatory minimum sentences / Debra Parkes -- Arbitrary disproportionality : a new Charter standard for measuring the constitutionality of mandatory minimum sentences / Allan Manson -- Charter protection against unlawful police action : less black and white than it seems / Steve Coughlan -- Assessing the impact of the Ancillary Powers Doctrine on three decades of Charter jurisprudence / Vanessa MacDonnell -- The patchwork principle against self-incrimination under the Charter / Lisa Dufraimont -- Police questioning in the Charter era : adjudicative versus regulatory rule-making and the problem of false confessions / Steven Penney -- Sexual assault cases in the Supreme Court of Canada : losing sight of substantive equality? / Emma Cunliffe -- What Butler did / Michael Plaxton -- The impact of the Charter of the law of sexual assault : plus ça change, plus c'est la meme chose / Martha Shaffer -- Reflecting culture : polygamy and the Charter / Carissima Mathen -- Looking backward, looking forward : the Supreme Court of Canada's decision in R. v. Ipeelee / Jonathan Rudin -- The aboriginal sentencing provision of the Criminal Code as a protected 'other right' under Section 25 of the Charter / Larry Chartrand.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.