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The tumultuous relationship between the United States and Canada’s extradition systems, their histories, and all of the issues, conflicts and controversies are here in this richly detailed, colorful text. The book is especially valuable today given the global response to the events of September 11, 2001 and the United States’ war on terrorism, which has had a dramatic impact on the way Canada and the U.S. conduct extradition procedures between one and other. The author examines the most crucial extradition cases from the 19th to the 21st century, including cases arising out of World War II, the civil rights era, and recent terrorist activities. Amongst the highlights are detailed analysis of: • Attitudes towards extradition in North America from initial reluctance to extradite to the negotiation of the Jay Treaty (1794), which had a rudimentary extradition provision; • The period of the greatest development of extradition law, which occurred at the beginning of the twentieth century; • The consolidation of extradition procedure towards a period of assertion of pre-eminent executive discretion, a “devolution” characterized by an eventual breakdown in cooperation between Canada and the United States in extradition matters after the Second World War; • The extent to which extradition dried up until 1971, when a new extradition treaty between Canada and the United States was negotiated, along with innovative procedures for improving cooperation in handling extradition requests on both sides of the border; • The Treaty of Extradition Between the Government of Canada and the Government of the United States ratified in 1976, as amended in 1988 and 2003, which provides rules governing seizure and sufficiency of evidence, arrest, and provisional arrest; encourages mutual cooperation between the executive authorities of the two nations; and in theory at least provides a modicum of protection for individuals caught up in extradition proceedings. Current legislative scheme in Canada’s Extradition Act (1999), showing the ways in which executive discretion has been expanded and judicial discretion diminished in virtually every level. The shifting sands of extradition law from the perspective of the twenty-first century, including the ramifications of extraditing alleged terrorists to face justice in a shaken and bestirred America. This work will be valuable for anyone working on the myriad extradition cases now existing between the United States and Canada or for those interested in acquiring an understanding of certain historical differences between these North American neighbors. Published under the Transnational Publishers imprint.
Borderline Crime examines how law reacted to the challenge of the border in British North America and post-Confederation Canada.Miller also reveals how the law remained confused, amorphous, and often ineffectual at confronting the threat of the border to the rule of law.
This book about crime, law, power, and social issues in Canada includes contributions from academics, legal practitioners, journalists, and social activists who have been studying and struggling for years against the abuse of power in myriad realms of Canadian life and represents the first systematic effort in Canada to integrate a variety of topics related to power into a single collection aimed at identifying and exploring common themes, issues, problems, and remedies.
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
"Miscarriages of justice in wrongful conviction happen more often than the criminal court system would like to admit. Awareness of the causes can reduce the overall potential for miscarriage of justice. These causes include: Prosecutorial ?tunnel vision?, Failure to make full disclosure, Suborned or concocted evidence, Eyewitness misidentification, False confessions, Reliance on in-custody informers, Incompetent ?experts?, Flawed legal representation. Wrongful Conviction in Canadian Law is the first book to review and analyze recommendations of Commissions of Inquiry into wrongful convictions. Comparative analyses reveal which recommendations have been implemented as policy, passed into legislation, or endorsed by the courts. You?ll learn how the authorities could have made ? or could have avoided ? such major errors." --Publisher.