Browse "Law and Policy"

Displaying 21-40 of 146 results
Article

Maher Arar Case

Maher Arar is a Syrian-born Canadian. In 2002 he was sent by the United States to Syria as an accused terrorist, based on faulty information supplied to US agents by the Royal Canadian Mounted Police (RCMP). Arar was tortured in Syria before being released and returned to Canada. The federal government paid him $10.5 million in compensation for the wrongs done to him.

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Book Review: Arctic Justice

ACADEMIC SCHOLARS are often loathe to admit to the large role chance plays in history, let alone in their own work. But Shelagh Grant makes no bones about literally stumbling over a remarkable episode in Canada's Arctic past.

Article

Defence of Automatism

The term "automatism" describes unconscious, involuntary behaviour. Automatism is a "defence" to criminal charges in the following sense: to convict an accused the prosecution must prove beyond a reasonable doubt both a prohibited act and fault.

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Faint Hope: Background

Danny Homer’s calm, detached tone belies the fact that he is talking about the murder that put him behind bars for life. The prisoner, now 38, explains that he was a teenager living in Regina in January, 1977, when he killed Ira McDonald, a 23-year-old partner in crime.

Article

Baltej Dhillon Case

In 1991, Baltej Singh Dhillon became the first member of the Royal Canadian Mounted Police permitted to wear a turban — as part of his Sikh religion — instead of the Mounties' traditional cap or stetson. Dhillon's request that the RCMP change its uniform rules triggered a national debate about religious accommodation in Canada.

Article

Bartle Case

In the Bartle case (1994), Mr Bartle was arrested at 1:00 a.m. on a weekend for driving a vehicle while impaired. After failing the "Alert" road test, he was brought to the police station, where he was promptly informed of his right to consult a lawyer, including available legal aid services.

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Regan Rape Trial Begins

More bungalows, auto body shops and convenience stores line the road now. But on a rainy day last week, Highway 1, between Halifax and Windsor, N.S.

This article contains sensitive material that may not be suitable for all audiences.

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Book Reviews: Bernardo Case

Most of the gaps have been filled by the publication of Deadly Innocence (Warner, 564 pages, $6.99), written by Toronto Sun reporters Scott Burnside and Alan Cairns, and Lethal Marriage (Seal, 544 pages, $7.99), by The Toronto Star's Nick Pron.

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Morin Freed by DNA

What Morin will never get back, of course, is a decade of normal living. He felt like he was "raped" of life, he says now. He has proclaimed his innocence from the moment he was arrested in spring, 1985, for the Oct.

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Calder Case

The Calder case (1973) — named for politician and Nisga’a chief Frank Calder, who brought the case before the courts — reviewed the existence of Aboriginal title (i.e., ownership) claimed over lands historically occupied by the Nisga’a peoples of northwestern British Columbia. While the case was lost, the Supreme Court of Canada’s ruling nevertheless recognized for the first time that Aboriginal title has a place in Canadian law. The Calder case (also known as Calder et al. v. Attorney General of British Columbia) is considered the foundation for the Nisga’a Treaty in 2000 — the first modern land claim in British Columbia that gave the Nisga’a people self-government.

Article

Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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Canada’s Cold War Purge of LGBTQ from Public Service

Between the 1950s and 1990s, the Canadian government responded to national security concerns generated by Cold War tensions with the Soviet Union by spying on, exposing and removing suspected LGBTQ individuals from the federal public service. They were cast as social and political subversives and seen as targets for blackmail by communist regimes seeking classified government information. These characterizations were justified by arguments that people who engaged in same-sex relations suffered from a “character weakness” and had something to hide because their sexuality was not only considered a taboo but, under certain circumstances, was illegal. As a result, the RCMP investigated large numbers of people, many of whom were fired, demoted or forced to resign — even if they had no access to security information. These measures were kept out of public view to prevent scandal and to keep counter-espionage operations under wraps.