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Canadian Criminal Law in Ten Cases explores the development of criminal justice in Canada through an in-depth examination of ten significant criminal cases. Martin L. Friedland draws on cases that went to the Supreme Court of Canada or the Privy Council, including well-known cases such as those of Louis Riel, Steven Truscott, Henry Morgentaler, and Jamie Gladue. The book addresses such issues as wrongful convictions, the enforcement of morality, Indigenous experiences with criminal law, bail and trial delay, and the impact of the 1982 Charter of Rights and Freedoms on the criminal justice system. Friedland describes in a masterful way the factual background of each case and the political, social, and economic conditions of the time. Each character – the accused, judges, and counsel – is described in detail, as are the relevant laws and procedures. Friedland includes recommendations on how the criminal justice system can be improved, such as by creating a new federal commission devoted solely to criminal justice and by the enactment by Parliament of enhanced codes of evidence and criminal law and procedure. Canadian Criminal Law in Ten Cases is an indispensable guide to understanding the criminal justice system for lawyers, students, and anyone interested in criminal law and the administration of criminal justice.
This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
With the frankness and clarity of someone whose life has been lived to the full, Sam Hughes tells the story of that life, from his early years in Victoria, BC – his father was a chief engineer at Canadian Northern Railway – to his many years on the bench in Ontario as a Supreme Court judge. Hughes gives moving details about his life, from his time in England as a child while his father was in action in France during World War I, to time abroad in the army during World War II, to events during his twenty-six-year tenure on the bench. His passion for family and for law shine through his account. Even after retirement, he was still very much involved in the law and was appointed to lead the Royal Commission investigating child abuse at the Mount Cashel Orphanage in Newfoundland. Steering the Course not only documents a life but provides a poignant first-hand account of this century. His recollections of the events and changes that this country has undergone during the last eighty years are a stirring reminder of an important part of our recent past. From the book: "My earliest recollection was of the first daylight air raid on London when my mother and I were living in St John's Wood. I remember the explosions that accompanied the bombing of Selfridge's in Oxford Street and I remember clearly that the taxi from which we were hastily removed had yellow facings on its doors." "On New Year's Day 1944 misery and frustration prevailed. Slit trenches, the natural refuge and even sleeping place for soldiers in combat, were full of water ... George Renison and I took a bottle of Scotch whisky to the command vehicle of the First Brigade ... The bottle, which went only once around the company, was a reminder of the celebrations of other days and its like had not been seen for weeks."