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Background: On January 31st, 2023, the province of British Columbia (BC), Canada, was granted a federal exemption allowing adults (aged 18 +) to possess up to 2.5 g of select illicit drugs. The exemption will be in place for three years (2023–2026), marking the first formal decriminalization of illicit drug policy reform in Canada. BC's decriminalization initiative is premised on several goals. This project seeks to evaluate each of these goals and their individual and combined contributions to determine the overall success of this policy. Methods: The following protocol paper provides a detailed outline of a five-year (2022-2027) national evaluation of BC's decriminalization initiative, as well as the specific objectives, methodologies, and planned analyses for eight interrelated sub-studies that comprise the evaluation. These sub-studies fall under the following five topical areas of research: 1) people who use drugs (PWUD), 2) the police and the criminal justice system, 3) the general public, 4) the health services system, and 5) an economic analysis. Additional research activities may also be explored. Results: The overall evaluation and specific sub-study designs were informed by intensive stakeholder engagement. The evaluation was developed in collaboration with an international expert committee who came together to undertake a nominal group technique to decide on the final evaluation design and corresponding logic model. The evaluation will also employ an advisory board and individual sub-study working groups comprised of experts and PWUD who will oversee the development and implementation of the overall evaluation as well as each sub-study. Discussion: This evaluation will draw on implementation science research practices to evaluate and understand the full impacts of this novel drug policy experiment. Results will be widely disseminated through manuscripts, reports, presentations, and infographics, which will be adapted and tailored for specific audiences. The protocol identifies several anticipated challenges and limitations. This evaluation's evidence-based findings will be poised to offer pivotal insights that can shape and refine the discourse on drug policy and will serve as a critical resource for understanding the multifaceted impacts of decriminalization. [ABSTRACT FROM AUTHOR]

This paper reviews the legislative history and application of the Criminal Code's definition of terrorist activity to trace how the "motive clause" reinforces systemic racism within Canada's criminal justice system. By outlining this process, this paper argues that the motive clause contributes to a dynamic that racializes terror offences as a specific type of criminal offence committed by racialized individuals--marking terrorism as a unique social characteristic of racialized communities. This occurs mainly due to the legislative requirement to prosecute the ideas of accused persons, which, in practice, has increased the likelihood of courts admitting otherwise prejudicial evidence against the accused and the problematic ways in which expert evidence has (or has not) been used in terrorism trials. Although discrimination may not be an inevitable or intended outcome of the drafted legislation, it creates a framework that encourages discriminatory prosecutorial strategies, facilitates bias in the admission and treatment of some evidence, and potentially contributes to the exclusive use of the provisions against racialized communities specifically. [ABSTRACT FROM AUTHOR]

Purpose: Research on intimate partner violence (IPV) is generally focused on female survivors. However, in Canada, about half of all self-reported victims of IPV are men and 1 in 5 calls to police for domestic violence are for male victims. This paper takes a comparative approach to understanding survivors' experiences of IPV. Methods: Across Canada, 110 female and 45 male survivors of IPV were recruited through media, social media, and listservs for a survey and interviews in 2017. Results: Findings indicate areas of similarity (healthcare needs; difficulty accessing formal support; fear of false accusations) and areas of difference (availability of formal support; types of violence experienced most often; interactions with the justice system). Women and men reported similar types of IPV, with women experiencing higher rates of sexual violence, stalking, and damage to property. Women and men reported similar physical and mental health consequences following IPV. Men were less satisfied than women with the response of the justice system, and both female and male participants encountered gender bias within the justice system. Some women reported being turned away from services that were at their maximum capacity, and men reported difficulty identifying IPV-related services for male survivors. Conclusions: Findings can be used by frontline service providers and the justice system to ensure that services are gender-inclusive and gender-sensitive. [ABSTRACT FROM AUTHOR]

Indigeneity and justice are facets of Canadian society that have faced systemic incongruence with one another. Intersectional criminological inquiry is essential to optimally establish the various ways in which Indigenous women come into contact with crime. It will be argued that intergenerational trauma is the most pertinent correlate of Indigenous women's association with criminality and victimhood. Sexual violence and the law will be conceptualized as contemporary colonial structures that disproportionately embed Indigenous women into the Canadian criminal justice system (CJS). The purpose of this paper is to contextualize the experiences of Indigenous women within the CJS to better understand and eventually remedy criminalization and victimization, relative to colonialism. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Hazing rituals in sport commonly involve coercive sexual acts. However, sexually violent hazing is rarely taken seriously by law enforcement and the criminal justice system in Canada. This paper examines sexually violent hazing in Canadian sport within the broader context of Canadian criminal sexual assault law. Using unobtrusive methods, the paper examines 12 cases of sexually violent hazing in Canadian sport to reveal what it can entail, who it commonly involves, and how sport leagues and the Canadian legal system often fail to adequately respond. Through an abductive analysis of this unobtrusive data, and drawing on theoretical work on masculinities and Erving Goffman's concept of total institutions, the paper argues that sexually violent hazing occurs in sport not purely for the purposes of teambuilding, as it is commonly understood, but also to establish and reaffirm hierarchies of masculinity within the total institution of sport. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Social Work Review / Revue Canadienne de Service Social is the property of Canadian Association for Social Work Education and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Young people's voices detailing how they experienced engagement with the criminal justice system following child sexual abuse, what was helpful or unhelpful and how services can be improved to minimise secondary victimisation and maximise the potential for healing are largely absent from the research literature. This paper draws on semi‐structured interviews with a culturally diverse sample (n = 47) of young people aged 14 to 25 across Ireland and Canada about their experiences of disclosure and engagement with systems. Data were collected pertaining to experiences engaging with law enforcement personnel using thematic analysis with a trauma‐informed lens. The research identified three key themes: the importance of feeling safe through kindness, transparency and being believed; the importance of having a say; and the importance of timely court processes. The study builds on the small body of qualitative research illustrating young people's lived experiences of engaging with the criminal justice system and provides empirical support for promoting a trauma‐informed approach in how police engage with young people. Guidance is offered for police professionals on how to engage with adolescents following sexual abuse. [ABSTRACT FROM AUTHOR]

In 1999, the Supreme Court of Canada's seminal decision R v Gladue enunciated principles that recognized systemic bias and inter-generational trauma leading to the overrepresentation of Indigenous Peoples in incarcerated populations. Now, nearly a quarter century later, longevolving efforts to meaningfully include Indigenous Peoples within colonial legal systems have focused primarily on Indigenous Peoples' interactions with the criminal justice system. Such efforts have yet to meaningfully reconcile Indigenous legal orders with Canada's civil justice system. This paper surveys the historical development of Canada's judicial approaches to reconciliation, and within that context, posits applications of Gladue principles to contemporary civil litigation. [ABSTRACT FROM AUTHOR]

Journalists routinely live-tweet high-profile criminal trials, a practice that raises questions about access to justice and the principle of open court. Does social media open up the justice system? There is a normative debate in the literature about the use of Twitter and social media in the courtroom. This paper takes on this debate by exploring the relationship between digital technologies and criminal justice. Through a systematic examination of journalists' tweets during two key trials (Ghomeshi and Saretzky), we ask to what extent can the live-tweeting of court proceedings achieve greater access to justice in Canada? We argue that while the live-tweeting does provide more access to court, potentially furthering the principle of open court, the nature of this access provides little in the way of increased engagement with the public and its understanding of the legal system. This paper makes contributions to both the legal studies and digital politics literatures. [ABSTRACT FROM AUTHOR]

Courts and legal commentators have increasingly recognized subsidiarity as an unwritten constitutional principle in Canada. In this paper, the author argues that the principle of subsidiarity can do much to explain the importance of the institution of trial-by-jury in criminal cases. Understood as nothing more than a fact-finding and verdict-generating body, the jury is a curiosity. But the jury is much more than that. The local nature of the jury serves to ensure that local customs, values, and practices are not steamrolled by a remote central legislature, and strengthens the sense of accountability that we have to each other as citizens. When we scrutinize the criminal jury through the lens of subsidiarity, we better appreciate its role in the criminal justice system and Canadian federalism. [ABSTRACT FROM AUTHOR]

In response to calls for greater interdisciplinary involvement from the social sciences and humanities in the development, governance, and study of artificial intelligence systems, this paper presents one sociologist's view on the problem of algorithmic bias and the reproduction of societal bias. Discussions of bias in AI cover much of the same conceptual terrain that sociologists studying inequality have long understood using more specific terms and theories. Concerns over reproducing societal bias should be informed by an understanding of the ways that inequality is continually reproduced in society—processes that AI systems are either complicit in, or can be designed to disrupt and counter. The contrast presented here is between conservative and radical approaches to AI, with conservatism referring to dominant tendencies that reproduce and strengthen the status quo, while radical approaches work to disrupt systemic forms of inequality. The limitations of a conservative approach to racial bias are discussed through the specific example of biased criminal risk assessments and Indigenous overrepresentation in Canada's criminal justice system. This illustrates the dangers of treating racial bias as a generalizable problem and equality as a generalizable solution, emphasizing the importance of considering inequality in context. Societal issues can no longer be out of scope for AI and machine learning, given the impact of these systems on human lives. This requires engagement with a growing body of critical AI scholarship that goes beyond biased data to analyze structured ways of perpetuating inequality, opening up the possibility for interdisciplinary engagement and radical alternatives. [ABSTRACT FROM AUTHOR]

This paper inquires into the constitutionality of the section 810.01 "fear of terrorism" offence that was introduced into the Criminal Code under the Anti-Terrorism Act, 2015 amendments. Ordinarily, criminal justice and sentencing intersect at the punishment of offenders for crimes they have committed. However, post 9/11, in reaction to the fear of terrorism, the focus has shifted from punishing past crimes to crime prevention. That is, certain preventative measures maybe imposed in the absence of a charge, trial or conviction. Arguably, the power to detain or control the movements of persons without charging them challenges the so-called sacrosanct nature of the rule of law. This paper will unfold in three parts. Part one outlines the legal framework related to preventative recognizances and the fear of terrorism offence in the Criminal Code. Part two surveys the case law and considers constitutional questions evoked by the Canadian Charter of Rights and Freedoms with particular attention paid to the tension between section 810.01(3) recognizances and the presumption of innocence, arbitrary detention and the right to remain silent, criminal procedure and the rule of law. Part three unpacks the preventative/punitive dichotomy which is the rationale upon which section 810.01(3) recognizances are justified, by arguing that rather than a preventative provision, they are punitive since, arguably, they criminalize behaviour that is otherwise legal. This is a departure from the position taken by the Supreme Court of Canada. [ABSTRACT FROM AUTHOR]

In 2011, in Australia and Canada, two Aboriginal women – Lynette Daley and Cindy Gladue – died in suspicious circumstances suggestive of sexual homicide. At the time of their deaths, little media attention was given to their cases. However, several years later, as their cases progressed through the criminal justice system, the media would become intensely interested and numerous reports were subsequently published. These news stories, however, demonstrated that when colonialism, racism and sexism intersect they result in victims being to apportioned blame for their subsequent deaths. This paper reports on findings from a research project that examined print and online news media from 2011 to 2018, as these cases traversed the criminal court system. It illustrates that, when taken together the colonialism, racism and sexism prevalent in the news reporting served to characterise the victims as unworthy of the public's sympathy. This paper also provides a reflection on what it might take to reform the media's engagement in cases such as these, to achieve a reimagined justice where Aboriginal women's lives are valued and respected as victims of crime. [ABSTRACT FROM AUTHOR]

The past few decades have seen an increase in culturally responsive policies and programs aimed at ameliorating the hardship and disadvantage faced by Indigenous peoples in the Canadian criminal justice system. These policies and programs, however, operate within a criminal justice system that consistently fails Indigenous peoples. What has yet to be tried is a nation-to-nation approach to criminal law jurisdiction where Indigenous peoples have legislative authority to enact and administer their own criminal laws. This paper shows that Indigenous jurisdiction over criminal law is possible within Canada’s constitutional framework. In Part I, I outline the current state of Indigenous self-government over criminal law. Although initiatives such as sentencing circles and Indigenous courts allow Indigenous peoples to exercise greater self-government over the administration of justice, they still do not exercise true criminal law-making authority. In Part II, I analyze existing discussions about separate Indigenous justice systems and identify a framework for how concurrent jurisdiction over criminal law can be exercised. In Part III, I draw on the doctrine of cooperative federalism to argue that Indigenous jurisdiction over criminal law can coexist with the federal government’s jurisdiction over criminal law. Lastly, in Part IV, I discuss four ways Indigenous nations can attain jurisdiction over criminal law: (1) a constitutional amendment; (2) a self-government agreement; (3) a claim under section 35 of the Constitution Act, 1982; and (4) federal legislation. While a constitutional amendment is the preferable solution, I argue that federal legislation informed by Indigenous peoples is the best alternative. [ABSTRACT FROM AUTHOR]

Despite real life examples of injustices in the criminal justice system involving d/Deaf individuals and calls from advocacy groups for more awareness and training related to this issue, there has been very little research into the area. The research that does exist is piecemeal and generally focuses on a specific area of the system, ignoring the more global view of the criminal justice system. Further, such research is largely American. Given the fragmented, siloed nature of the extant literature and the lack of available Canadian data, this review paper sought to provide an overview of the existing literature on the experiences of d/Deaf individuals at all levels of the criminal justice system. Findings indicate that d/Deaf individuals are underserved and understudied putting them at a distinct disadvantage relative to their hearing peers. Suggestions for improvements are provided for all levels of the criminal justice system. This article examines the literature regarding the experience of individuals who consider themselves medically deaf or culturally Deaf at all levels of the criminal justice system. In the literature, there were several common issues identified including a lack of training, resources, and qualified interpreters as well as inadequate policies at all levels of the criminal justice system. One of the biggest issues identified was a lack of d/Deaf awareness among professionals working in the criminal justice system. Enhanced d/Deaf awareness could improve the experiences of d/Deaf individuals who come into contact with the criminal justice system. This literature review indicated that more research into the experiences of d/Deaf offenders needs to be done and highlights the importance of including d/Deaf individuals in this process. [ABSTRACT FROM AUTHOR]

The effective delivery of mental health services in Canadian institutional settings has traditionally posed a challenge to the criminal justice system. Ineffective treatment options and methods of program delivery, inaccurate assessments and security classifications, the conditions in which prisoners live, restricted access to mental health professionals, high levels of individual strain, fragmented service administration, and a lack of continuity of care during the transition back to the community have all been found to have a significant negative impact on inmate mental health. The purpose of this paper is to review, and critique, the current literature on Canadian institutional mental health care and, based on this literature, make suggestions on how to improve the current system. [ABSTRACT FROM AUTHOR]

The critics assert that a significant proportion of incarcerated individuals suffers from mental health issues, i.e. ‘the criminalization hypothesis.’ The current paper reviews the scholarly literature to address five interrelated questions: (1) What are the risks of those classified as mentally ill for committing crimes and, in particular, violent crimes? (2) As the gatekeepers to the criminal justice system, what happens during ‘first encounters’ between the police with those who have mental illnesses? (3) What community-based services are available for effective diversions as an alternative to incarceration for those with mental illnesses? (4) What are the impacts of treatment options upon those experiencing mental illnesses while incarcerated, including the impact upon recidivism? (5) What types of pre-release planning and community responses have the most positive effects to help reduce recidivism and assist offenders in coping with mental health issues in the Canadian context? After summarizing key evidence pertaining to these questions, the paper presents case studies as exemplars of ‘best practices’ to illustrate promising directions conducive to integrated, holistic, and effective responses at the intersection of the criminal justice and mental health systems. [ABSTRACT FROM AUTHOR]

Fetal Alcohol Spectrum Disorder (FASD) is considered a lifelong disability that has been framed with neurobiological descriptions focused on the brain. These are important features but fail to tell the story of living with FASD. By surveying those with FASD, this work expanded upon prior survey work which illustrated a multitude of early-onset physiological issues occurring at rates much higher than is typical of the general population. The current project, again using an anonymous survey methodology, sought to open up other direct experiences to better understand the complexity of living with FASD. An anonymous online survey was used to gather data on adversity in childhood, schooling, employment, housing and finances, and involvement with the criminal justice system, as well as relationships and parenting. Results indicate high levels of adversity throughout the life span; vulnerability to manipulation, which is connected to involvement in the criminal justice system; struggles with housing; economic instability; and struggles maintaining employment, as well as difficulties with social and familial relationships. Systemic stigma was also identified. Suggestions are offered to inform others on how support can be enhanced and targeted with a goal of improving quality of life, as well as dealing with self-imposed stigma. The survey was developed by adults living with FASD who have served as a long-standing advocacy and educational group influencing policy and practice in the field. [ABSTRACT FROM AUTHOR]

The abuse of process doctrine allows courts to stay criminal proceedings where state misconduct compromises trial fairness or causes ongoing prejudice to the integrity of the justice system (the "residual category"). The Supreme Court revisited the residual category in the 2014 case R v Babos. In Babos, the Supreme Court provided a three-stage test for determining whether an abuse of process in the residual category warrants a stay of proceedings. This article critically examines Babos and its progeny. Notwithstanding the Supreme Court's insistence that the focus of the residual category is societal, all three stages of the test remain disconcertingly preoccupied with the circumstances of the individual accused. Courts'reluctance to give undeserving accused the "jackpot" remedy of a stay has prevented the court from dissociating itself from state misconduct. Instead, courts have imposed remedies which inappropriately redress wrongs done to the accused. This paper suggests four ways for courts to better advance the societal aim of the residual category. First, a cumulative approach should be taken to multiple instances of state misconduct rather than an individualistic one. Second, courts ought to canvass creative remedies in considering whether an alternative remedy can adequately dissociate the justice system from the misconduct. Third, courts should avoid using terms like "unwarranted windfall" and "jackpot" to describe the remedy of a stay of proceedings. Finally, courts need not be so hesitant to stay proceedings. Properly applied, the abuse of process analysis carries minimal risk of "unwarranted windfalls." [ABSTRACT FROM AUTHOR]

This paper examines two Tragically Hip songs, 38 Years Old and Wheat Kings, with a view to understanding how they can be interpreted as a call both to reform and resist criminal law. In a reformist spirit, 38 Years Old can be interpreted as an imaginary hypothetical that suggests that judges should be able to devise exemptions from all mandatory sentences, including life imprisonment for murder. The song can also be interpreted as a demonstration that imprisonment must be resisted and endured by offenders and their families because it will always be violent and destructive. Wheat Kings similarly can be interpreted as a call to reform remedies for the wrongly convicted and to make legal determinations of innocence. At the same time, Wheat Kings exonerated David Milgaard in 1992 long before the Canadian legal system did. In doing so, it illustrates how art, like media and science, can resist the coercive conclusions of the criminal law and can make normative conclusions that can be seen as a form of law. [ABSTRACT FROM AUTHOR]

This paper seeks to generate further understanding of Indigenous knowledge, methods, and laws relating to Indigenous restorative justice as a means to consider how we might better resolve various forms of disputes and reinvent versus revise Canada’s criminal justice system. It also considers some of the ways in which funding and programming decisions of the state might obscure and perhaps even deepen the disparity in the relationship between Canada and Indigenous Peoples. Through various means, such as the use of indicators to support government agendas as well as theories of retribution and proportionality, the criminal justice system continues to be a site of ongoing colonialism. This paper considers how we might engage in decolonization by making more room for the holistic healing found within Indigenous models of restorative justice. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Psychiatry is the property of Sage Publications Inc. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In Canada, there is much focus on diversionary tactics and restorative justice programs designed to redirect offenders from the judicial processes and incarceration. This study examines the impact of race on accessibility to restorative justice, as well as the challenges of colonialism, and the potential role of neocolonialism in exacerbating the inequities of the Canadian criminal justice system with respect to restorative practice. This study of race-based access to restorative justice involves a critical examination of the origins of contemporary restorative justice through the application of Critical Race Theory. The phenomenon of over-representation of Indigenous persons in Canadian correctional institutions is considered in light of emphasis on reportedly Indigenous-based restorative practices in the Canadian criminal justice system. The study findings confirm that restorative justice practices in the Canadian criminal justice system are purported to be Indigenous based, but if one were to examine Indigenous culture and investigate the history of such practices, one would discover that this is not accurate. Moreover, Indigenous people do not enjoy the benefits of their alleged cultural traditions with respect to restoration of collective interests due to inequitable access to restorative practices built into the justice system. Despite this current reality, researchers continue to investigate restorative practice and practitioners continue to work toward the development of restorative justice programs that can be delivered in a manner respecting authentic Canadian Indigenous ways. [ABSTRACT FROM AUTHOR]

• This study examines a diverse range of life circumstances and outcomes for youth accessing homelessness services who have a history of involvement with child protection services. • Data presented is drawn from the 2019 Without a Home: The National Youth Homelessness Survey—which is the largest study ever conducted in Canada on youth homelessness (n = 1375). • This study presents risk factors that are likely to be associated with the first experience of homelessness, including adverse childhood experiences and involvement with child protection services. Youth leaving or being discharged from child protection services (CPS) are a particularly vulnerable population in Canada that could be at an increased risk of homelessness, which has many adverse consequences including declining physical and mental health, school disengagement, involvement with the justice system, and substance use disorders. In this paper, we examine the extent to which youth accessing homelessness services with a history of involvement with CPS differ from their peers who have not interacted with CPS using the 2019 Without a Home: The National Youth Homelessness Survey—which is by far the largest study ever administered in Canada on youth homelessness (n = 1375). This examination includes a diverse range of life circumstances and outcomes, including quality of life, relationships with friends and family, criminal records, education, and adverse childhood experiences (ACEs). Furthermore, controlling for demographic characteristics, we present risk factors that are likely to be correlated with youth homelessness, including ACEs and the CPS history, and conclude by discussing policy implications and proposing future research avenues. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Bioethics / Revue canadienne de bioéthique is the property of Ecole de Sante Publique de l'Universite de Montreal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Wardens figure centrally as part of the plot in popular culture representations of prisons such as in films (e.g. The Shawshank Redemption ) and television (e.g. Wentworth ). Yet little is known about how wardens are depicted in another form of criminal justice popular culture: the penal history museum. This paper examines representations of wardens observed as part of a study of 45 punishment memorialization sites across Canada. We analyze the symbolism used in these penal history museums, as well as the framing used to curate warden-related objects. Our analysis reveals that positive representations of prison wardens depict them as family-oriented, benevolent men of a strong character, who embody and command respect for authority. We found fewer representations that were critical of warden's work. We conclude by reflecting on the implications of our findings for literature on cultural depictions of penality and justice. [ABSTRACT FROM AUTHOR]

The language of counterfactual causation employed from the bench obscures the analytical vacuity of the "but for" test. This paper takes issue with the consistent recourse to "common sense" as a methodological tool for determining the deeply complex issue of causality. Despite manifestly empty gestures to, e.g., robust pragmatism, the current approach imposes the dominant values of the judiciary in a manner that perpetuates the current distribution of power. Whatever the merits of counterfactual inquiry, its legal iteration requires judges to construct a hypothetical narrative about "how things generally happen." This, in turn, impels a uniquely comprehensive brand of judicial creativity. The results are productively examined in the context of medical malpractice, where the phenomenological lens foregrounds the connection between meaningless doctrine and the protection of the medical elite. [ABSTRACT FROM AUTHOR]

While animal law has been subject to frequent reform in Canada and abroad, the basic legal foundations of animal oppression are largely unchanged. There are many reasons for this impasse, but part of the explanation is that legal reforms are caught in what we might call the property/personhood dilemma. In most legal systems, domesticated animals are defined as property, and so long as this remains true, reforms are likely to be marginal and ineffective. However, the main alternative--to shift animals from the category of property to personhood-- is politically unfeasible, particularly for the domesticated animals who are most intensively exploited in our society. In this paper, I explore a third option for legal reform, which is to include domesticated animals into other legal categories such as "workers" or "members of the family" which carry with them social standing and social rights, even if not full legal personhood. Indeed, there is already some movement in this direction: the law is recognizing (some) animals as (rightsbearing) workers or family members, for at least some purposes, without having declared them to be persons. I call this the social recognition strategy, and argue that it has unexplored promise for advancing justice for animals, although it is not without its own dilemmas and limits. [ABSTRACT FROM AUTHOR]

Research summary: In the past, the Canadian government followed in the footsteps of its American counterpart by enacting "sex offender laws." Since the 1990s, however, the Canadian criminal justice system has taken a different approach to the issue of sex offender recidivism (SOR), focusing on treatment, rehabilitation, and community risk management. This evidence‐based approach has been criticized for not doing enough to prevent convicted offenders from sexually reoffending. This criticism has not been addressed empirically, leaving open the question of whether this Canadian policy shift is associated with changes in the rate of sexual recidivism. The present study uses a meta‐analytic framework to look at 185 Canadian‐based studies involving over 50,000 offenders, making it possible to combine 226 sexual recidivism rates. After controlling for factors such as follow‐up length and the independence of samples, weighted pooled recidivism rates have declined since the 1970s by more than 60%. This trend may have gone unnoticed because it is not related to the year of publication but to the period in which the data were collected. Policy implications: The findings have significant implications for criminal justice practices including the importance of using risk assessment tools that are regularly calibrated to reflect the evolution of sexual recidivism rates over time. Although the current study cannot provide firm conclusions about the factors responsible for this gradual drop, several hypotheses are discussed. Knowledge‐based criminal justice practices, better training for professionals, and improvements in treatment programs may have had a subtle and cumulative impact on sexual recidivism rates. The importance of examining period effects on SOR using a comparative and international perspective is discussed. [ABSTRACT FROM AUTHOR]

High-quality video and audio recordings of violent crimes, captured using now ubiquitous digital technologies, play an increasingly important role in the administration of justice. However, the effects of exposure to gruesome material presented in this form on criminal justice professionals who analyze, evaluate, and use this potentially traumatic content in the context of their work, are largely unknown. Using long interviews and constructivist grounded theory, this qualitative study sought to explore experiences of exposure to video evidence of violent crime among Canadian criminal justice professionals. Sixteen individuals including police, lawyers, judges, psychiatrists, law clerks, and court reporters volunteered to participate in qualitative long interviews asking about workplace exposures to violent videos. Themes identified address the ubiquity of video evidence of violent crime; proximity to violence through video; being blindsided through lack of preparedness for violent content; repeated exposures through multiple and protracted viewings; insufficient customary methods for self-protection; and the enduring impact of exposure to videoed violence. We determine that criminal justice professionals are increasingly and repeatedly presented with deeply disturbing imagery that was once imperceptible or unknowable and thus previously held at a greater distance. Elements of what is newly visible and audible in video evidence of violent crime create a new emotional proximity to violence that potentially increases the risks of secondary trauma and underscores the need for improved safety measures. [ABSTRACT FROM AUTHOR]

The controversy surrounding the exclusion of evidence in criminal trials has continued with renewed vigour. At one end are those who believe that a piece of evidence should be admitted based solely on its inherent epistemic value without reference to any other external considerations. At the other end are those who contend that criminal justice systems are meant to serve many societal ideals of which the search for truth is only one, and that criminal trials must be designed to ensure balanced resolutions of all conflicting interests. Naturally, legal systems across the world exemplify these divergencies with many variations along the spectrum regarding the scope of the exclusionary powers of the fact finder or court and the justifications for such powers. This article sets out to analyse the illegally or improperly obtained evidence exclusion regimes in the United States, Canada, Nigeria and Australia, and their respective levels of commitment to the search for truth. This article provides an insightful frame of comparative reference for stakeholders in these jurisdictions. [ABSTRACT FROM AUTHOR]

Wrongful convictions continue to occur, with over 350 post-conviction DNA exonerations in the United States, and a collection of over 2500 known cases of presumed factual innocence at the National Registry of Exonerations. Conversation with exonerees suggest that at least some innocent individuals have met other wrongfully convicted prisoners while incarcerated. In the current study, we explored formerly incarcerated men's views of wrongful conviction through the lens of governmentality. Using thematic analysis of interview transcripts with over 50 formerly incarcerated Canadian men on supervised release, we reveal how these released men perceive wrongful conviction, and how their understandings are impacted and shaped by the power dynamics underpinning their social interactions and experiences within the criminal justice system. Two main themes emerged in releasees perceptions of wrongful conviction: (1) that factually innocent people were wrongfully convicted of crimes—whether those crimes occurred prior to, or during, incarceration, and (2) the perceived fairness of legal processes led some individuals to view convictions of even factually guilty individuals to also warrant the label of wrongful conviction. [ABSTRACT FROM AUTHOR]

Background: Police in Canada have become main responders to behavioural health concerns in the community—a role that disproportionately harms people who use drugs (PWUD). Recent calls to defund the police emphasize the need to shift responsibility for non-criminal health issues from police to health and social services. This study explores the role of police interactions in responding to PWUD within the broader institutional and structural contexts in which they operate. Methods: We conducted a qualitative thematic analysis of interviews with sixteen police officers across nine jurisdictions in British Columbia, Canada. We examined police officers' everyday policing experiences interacting with PWUD, enforcing drug laws, and working alongside other service sectors. Results: Officers explained that the criminal justice system is one component of a wider network of systems that collectively fail to meet the needs of PWUD. They recognized that PWUD who interact with police often experienced intersecting structural vulnerabilities such as poverty, homelessness, and intergenerational trauma. Harmful drug laws in conjunction with inadequate treatment and housing resources contributed to a funnelling of PWUD into interactions with police. They provided several recommendations for reform including specialized health and justice roles, formalized intersectoral collaboration, and poverty reduction. Conclusions: Overall, this study provides unique insights into the positioning and role of police officers within a "total systems failure" that negatively impact PWUD. Police have become responders-by-default for issues that are fundamentally related to people's health conditions and socioeconomic circumstances. Addressing failures across the health, social, and justice systems to meet the needs of PWUD will require an examination of the shortcomings across these systems, as well as substantial funding and system reforms. [ABSTRACT FROM AUTHOR]

The summer of 2020 was one of unprecedented mass protest and a growing critical awareness around the racist operation of criminal justice systems in North America. Consequently, criminal justice systems have been placed squarely at the forefront of struggles for racial equality and social change. While activists, critical researchers, and legal experts have argued racial justice requires a diversion of communities and resources away from criminal justice systems, the focus in mainstream policy, media, and academic circles has been on reform. In Canada, a focus on reformist responses to this racial violence has been justified through a distorted view of Canada's criminal justice system. Drawing on the concept of penal nationalism, I argue that Canadian carceral practices must be understood as constitutive of the settler-colonial state and its ideological, material and institutional mooring in racial whiteness as the locus of settler power and sovereignty. To this end, it is not enough to reform specific penal practices, while leaving intact the legitimacy of the criminal justice system in general. What is at stake is the very definition and protection of a national identity, which in the settler colony is predicated on colonial whiteness, Indigenous erasure, and racialized exploitation. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Canadian Journal of Criminology & Criminal Justice is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of TOPIA: Canadian Journal of Cultural Studies (University of Toronto Press) is the property of University of Toronto Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Deepfakes may refer to algorithmically synthesized material wherein the face of a person is superimposed onto another body. To date, most deepfakes found online are pornographic, with the people depicted in them rarely consenting to their creation and publicization. Deepfakes leave anyone with an online presence vulnerable to victimization. As a testament to policy often being reactionary to antisocial behavior, current Canadian legislation offers no clear recourse to those who are victimized by deepfake pornography. We aim to provide a critical review of the legal mechanisms and remedies in place, including criminal charges, defamation, copyright infringement laws, and injunctive relief that could be applied in deepfake pornography cases. To combat deepfake pornography, we suggest current laws to be expanded to include language specific to falsely created pornography without the explicit consent of all depicted persons. We also discuss the extent to which host websites are responsible for vetting the uploaded content on their platforms. Finally, we present a call for action on a societal and research level to deal with deepfakes and better support victims of deepfake pornography. [ABSTRACT FROM AUTHOR]

Rational choice theory proposes that spousal violence survivors engage in a cost–benefit analysis when determining whether to contact the police in the aftermath of violence. Feminist intersectional frameworks contend that the perceived costs and benefits of police intervention differ among survivors based on their intersecting social identities. Normative theory further posits that it is not solely individual factors but also social norms derived from one's neighborhood context that may be related to reporting practices. Consistent with these perspectives, this study assessed the association between spousal violence survivors' sociodemographic, violence, and neighborhood characteristics and (a) police contact, (b) pathways to police contact, (c) motivations for contacting the police, and (d) motivations for not contacting the police. Data were drawn from the 2009 Canadian General Social Survey–Victimization main file, and included male and female survivors (N = 890). Survivors most commonly contacted the police to stop the violence (89.4%) and most commonly did not contact the police because they did not believe it was important enough (35.3%). Results of multivariate regression analysis indicate that survivors who were visible minority, those who feared for their lives, and those who were injured were significantly more likely to self-report violence to police. Survivors were more likely to say the violence was not important enough to report if there was a police station in their neighborhood, and were less likely to say that violence was not important enough to report if they had experienced multiple incidents of violence. Implications for policing and criminal justice system engagement with spousal violence survivors are provided. [ABSTRACT FROM AUTHOR]

Copyright of Ottawa Law Review is the property of University of Ottawa, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: Fetal alcohol spectrum disorder (FASD) is a complex lifelong disorder impacting the brain and body. Individuals with FASD may require lifelong supports and are at a higher risk of experiencing adverse outcomes, including incarceration. Individuals with FASD face stigma related to FASD that impacts disclosure of the diagnosis and access to supports. The prevalence of FASD exceeds that of other developmental disabilities, yet it remains less visible and stigmatized. Design/methodology/approach: Interviews conducted with health-care and justice professionals in a Canadian province explore their experiences attending to FASD and challenges of stigma. Findings: While difficult to access, diagnosis provides a pathway to supports and is crucial in the criminal justice process. Visibility and invisibility in health and justice systems highlight the lack of understanding of FASD and surrounding stigma. When unaddressed, individuals with FASD face additional challenges stemming from a lack of information and strategies by professionals involved in their lives. Originality/value: Stigma represents a significant and complex issue intertwined in understandings of FASD. This research explores this relationship and the mechanisms through which FASD stigma has impacts in health-care and justice settings. [ABSTRACT FROM AUTHOR]

Growing numbers of individuals involved in the criminal justice system in Canada are diagnosed with a mental disorder. A proportion of these individuals are ordered by the court to undergo a forensic mental health evaluation. In the adult criminal justice system, accused persons are subject to these assessments primarily to determine fitness to stand trial and consider criminal responsibility. Additional evaluations are available in youth court, including recommendations regarding bail or sentencing. To date, there has been limited investigation into the decision-making process that leads to an assessment being ordered, and it is unclear which specific components of forensic evaluations are helpful to legal professionals. Published studies have been limited to jurisdictions outside of Canada, have not included youth court, and predate the implementation of therapeutic jurisprudence principles. We argue that feedback from legal personnel can potentially lead to improved provision of care and due process for a marginalized population, and we propose a study to examine these issues further. [ABSTRACT FROM AUTHOR]

In this article, the author explores the criminal justice relationship between Canadian courts and Indigenous laws. More specifically, by examining two recent criminal law judgments from Nunavut that rely on Inuit customary law in their reasons, R v Itturiligaq and R v Ippak, the author queries and seeks to answer whether Canadian courts ought to engage with Indigenous laws, and if so, what appropriate engagement might look like. Through identifying both the promising and cautionary elements of these judgments, the author argues that Canadian courts should actively engage with Indigenous laws to achieve more responsive legal outcomes, but that great care and caution must accompany these efforts. The author proposes guidelines for engagement that involve establishing ethical space with Indigenous legal orders at the outset of judicial analysis to determine commensurability, followed by concurrent application where principles are mutually reinforcing or deference to Indigenous laws where principles conflict. The author concedes that judicial use of Indigenous laws is no panacea; rather, its use represents an important way in which the Canadian legal system can coexist alongside revitalized Indigenous legal systems and their institutions. The article is divided into four parts. In Part I, the author introduces the Nunavut court system and analyzes Itturiligaq and its application of Inuit Qaujimajatuqangit in light of the pluralist promise of R v Ipeelee, concluding that its reasoning instills both optimism and caution. Part II explores the philosophical and normative questions of whether Canadian and Indigenous laws are commensurate and whether non-Indigenous judges ought to engage with Indigenous laws in their judgments. In Part III, the author argues that Ippak best exemplifies judicial reasoning across legal orders that appropriately upholds both Indigenous and Canadian legal systems while respecting their incommensurabilities. Drawing on the lessons learned from Itturiligaq and Ippak, the author then develops his proposal for responsible engagement. Lastly, in Part IV, the author offers suggestions for institutional and legislative reform that must accompany judicial engagement with Indigenous laws. As the author indicates, the success of Indigenous-Canadian pluralism requires rebalancing sentencing objectives away from the rigid Canadian application of deterrence and denunciation and towards a system more focused on rehabilitation. [ABSTRACT FROM AUTHOR]