Day: May 14, 2015

New Journal Issues – May 2015

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By Ken Fox

The Advocates’ Quarterly
Volume 44, Number 1 (April 2015)

  • Issues in the Preparation and Presentation of Expert Evidence / Peter E.J. Wells and Samantha
  • The Absurdity of Aboriginal Title After Tsilquot’in / Alex M. Cameron
  • Complaint Reviews Before the Health Professions Appeal and Review Board / David P. Jacobs
  • Whistleblowers Need and Deserve Informant Privilege as Much as Police Informants Do / Ken MacDonald
  • The Impact of Hryniak v. Maudlin on Summary Judgments in Canada One Year Later / Matthew Karabus and Ted Tjaden
  • Circumstantial Evidence and Insider Trading / Shara N. Roy and Constanza Pauchulo
  • Undue Influence? The Preparation and Use of Expert Reports in Moore v. Getahun / Marco P. Falco

Canadian Business Law Journal
Volume 56, Number 2 (March 2015)

  • Canada’s Enhanced CSR Strategy: Human Rights Due Diligence and Access to Justice for Victims of Extraterritorial Corporate Human Rights Abuses / Penelope Simons
  • Business, Human Rights, and Canadian Mining Lawyers / Sara L. Seck
  • Reaffirmation of Debt in Consumer Bankruptcy in Canada / Stephanie Ben-Ishai
  • Tsilhqot’in Nation v. British Columbia: Aboriginal Title and Section 35 / Harry Swain and James Baillie
  • Money in Constitutional Law: The Demise of Debtor-Initiated Payments? / Bradley Crawford
  • Book Review: The Construction of Commercial Contracts, by J.W. Carter / Angela Swan
  • Book Review: Classifying Tort Law Defences: (Why) Does it Matter? Tort Law Defences, by James Goudkamp / Erika Chamberlain

The Criminal Law Quarterly
Volume 62, Numbers 1 & 2 (2015)

  • Editorial: Responding to Unsustainable Policing Costs
  • Criminal Appeals in the Supreme Court of Canada
  • v. Anderson: The Narrow Review of Crown ‘‘Discretion’’ Means Less Justice / Paul Calarco
  • v. Macdonald and the Illogicality of the Reasonable Belief Requirement for Safety Searches / Terry Skolnik
  • Historical Perspectives on Securities Law Enforcement / Alexandra Raphael
  • Proving Innocence After Appeals — A Call for Uniform Post-Appeal Disclosure Policies / Andrew Guaglio
  • The (Near) Death of Duress / Colton Fehr
  • Why Should a Confinement Need to Be ‘‘Significant’’ to Attract Liability? A Proposal to Clarify and Reform the Current Approach to Forcible Confinement / Peter Sankoff and Adrienne Funk
  • The Presumption of Sanity, Automatism and R. v. H. (S.): Is It Insane to Have a Presumption of Insanity? / Frances E. Chapman
  • Entrapment: Clearly Misunderstood in the Dial-a-Dope Context / Chris De Sa
  • Pardoning People Who Once Offended / Yoko Murphy, Jane B. Sprott and Anthony N. Doob
  • Book Review: Remorse, Penal Theory and Sentencing by Hannah Maslen / David Cole
  • Book Review: Showing Remorse: Law and the Social Control of Emotion by Richard Weisman /
  • David Cole

McGill Law Journal
Volume 60, Number 2 (2015)

  • Less Evidence, Better Knowledge / Kenneth M. Ehrenberg
  • De l’ombre à la lumière : l’hypothèse de la renaissance de la filiation romano-germanique de la procédure civile Québécoise / S. Axel-Luc Hountohotegbè
  • “Third Parties” and Democracy 2.0 / Léonid Sirota
  • La réforme proposée du régime québécois de l’adoption et le rejet des parentés plurielles / Françoise-Romaine Ouellette et Carmen Lavallée
  • Designated Inhospitality: The Treatment of Asylum Seekers Who Arrive by Boat in Canada and Australia / Luke Taylor

The state has no business in the bedrooms of the nation (Throwback Thursday)

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The Criminal Law Amendment Act, 1968-69 (SC 1968-69, c 38) was passed on May 14, 1969, 46 years ago today. Bill C-150, a massive 126-page document, was an omnibus bill introduced by then Justice Minister Pierre Trudeau in 1967. Among other things, the bill proposed to decriminalize homosexuality between consenting adults, ease abortion and contraception rules, regulate gun possession, lotteries, drinking and driving, harassing phone calls, misleading advertising, and cruelty to animals.  In defending his Bill, Trudeau made his famous statement “The state has no business in the bedrooms of the nation”. Succeeding Minister of Justice John Turner said in his address to the Parliament:

“Mr. Speaker, this legislation is the most important and all-embracing reform of the criminal and penal law ever attempted at one time in this country. What the changes mean, as far as I am concerned, are not a demand for law and order that freeze men into a predetermined pattern but law and order that respond to change and to movement and give us options. Because, sir, yesterday’s order, if unresponsive to change, becomes tomorrow’s oppression.”

The bill passed third reading in the House of  Commons by a vote of 149 (Liberals 119, New Democrats 18, Progressive Conservatives 12) to 55.