Ties that Bind?: The Supreme Court of Canada, American Jurisprudence, and the Revision of Canadian Criminal Law under the Charter

Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on this trend remain to be seen

When the Constable Blunders: A Comparison of the Law of Police Interrogation in Canada and the United States

This Article explores the Supreme Court of Canada\u27s use of the Charter of Rights and Freedoms in limiting police interrogations and compares its case decisions with cases from the Supreme Court of the United States. Part II of this Article examines the purposes and policies underlying sections 10(b), 7, and 24(2) of the Charter. Part III then examines the application of sections 10(b) and 7 in situations where (1) suspects are interrogated by uniformed police officers or other persons known to be in authority, and (2) suspects are interrogated surreptitiously by persons not known to be in authority. In both situations, the Supreme Court of Canada has been more solicitous of the rights of the accused than has the Supreme Court of the United States

Ties that Bind?: The Supreme Court of Canada, American Jurisprudence, and the Revision of Canadian Criminal Law under the Charter

Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on this trend remain to be seen

Jurisprudences of jurisdiction: matters of public authority

This essay examines a number of jurisdictional engagements that point to difficulties in joining or separating relations between public authority, jurisprudences of jurisdiction and the writing of jurisprudence

The Grand experiment : law and legal culture in British settler societies

400 page(s

The Grand Experiment Law and Legal Culture in British Settler Societies

In the late nineteenth century, the English legal historians Frederick Pollock and F.W. Maitland coined the phrase the grand experiment to describe the spread of English law throughout the British Empire. For Pollock and Maitland, this was an unequivocally positive process that would uplift settler societies. The work of recent legal historians, however, has alerted us to the more complex impact English law had on the peoples, both settler and indigenous, of those colonial societies. This new colonial legal history has revealed subtle and more ambiguous understandings of the grand experiment. The essays in this volume reflect the exciting new directions in which legal history in the settler colonies of the British Empire has developed. The contributors, all noted scholars, show how local life and culture in selected settlements influenced, and was influenced by, the ideology of the rule of law that accompanied the British colonial project. Exploring themes of legal translation, local understandings, judicial biography, and law at the boundaries, they examine the legal cultures of dominions in Canada, Australia, and New Zealand to provide a contextual and comparative account of the incomplete implementation of the British constitution in these colonies. A variety of topics are covered, ranging from libel law in New South Wales, Upper Canada, and Massachusetts to the much-neglected question of the extent to which British courts took note of the decisions made by courts in the settler dominions. Given the current lively debates about national characteristics and the rights of aboriginal peoples in British settler societies, this historical investigation has immediate relevance. The Grand Experiment will be of interest to all those whose lives have been shaped by the legacy of English law.https://digitalcommons.osgoode.yorku.ca/faculty_books/1012/thumbnail.jp