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Access to Justice and the Institutional Limits of Independent Courts
Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to beExpand
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Hearsay by Implication: R v Baldree
he question of whether implied statements fall within the ambit of the hearsay rule has given rise to controversy since the Court of Exchequer first contemplated the question in Wright v Tatham.Expand
The Origins, Evolution and Puzzling Irrelevance of Jury Recommendations in Second-Degree Murder Sentencing
Section 745 of the Criminal Code is currently the only area of Canadian sentencing law that contemplates a role for juries. It grants juries the ability to recommend periods of parole ineligibilityExpand
Mapping Judicial Independence: Toward a Comparative Taxonomy
Judicial independence is increasingly viewed as a sine qua non of democratic constitutionalism. But in spite of a widespread consensus on the importance of having an independent judiciary, debatesExpand
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A Spotlight on Judicial Regulation in Australia
(2014). A Spotlight on Judicial Regulation in Australia. Legal Ethics: Vol. 17, No. 2, pp. 299-312.
Justice as a Rounding Error? Evidence of Subconscious Bias in Second-Degree Murder Sentences in Canada
There are few areas of law that grant judges as much discretion as the sentencing of criminal offenders. This discretion necessarily leads to concerns about the influence of biases, including thoseExpand
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R. v. Spencer: Anonymity, the Rule of Law, and the Shrivelling of the Biographical Core
The Supreme Court of Canada’s recent decision in R. v. Spencer is likely to become a landmark decision on informational privacy. Spencer addressed the issue of whether an Internet user charged withExpand
Extending the limits or narrowing the scope? Deconstructing the OAU refugee definition thirty years on
The Organisation of African Unity (OAU) Refugee Convention is recognised as having extended the conventional concept of a refugee beyond the narrower scope of the 1951 Refugee Convention. Yet, whileExpand
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R v Bradshaw
The Supreme Court of Canada’s decision in R v Bradshaw marks a major development in the evolution of Canada’s principled exception to hearsay. In this comment the authors criticise the court’s newExpand
CASE COMMENT: THE ADMISSIBILITY OF INTERNATIONAL LEGAL OPINION EVIDENCE AFTER R V APPULONAPPA
The British Columbia Court of Appeal’s recent decision in R v Appulonappa1 will be of interest to lawyers wishing to rely on international law in Canadian courts. At issue in the case was theExpand