ST. JEROME'S UNIVERSITY
UNIVERSITY OF WATERLOO
LEGAL STUDIES 402 – SECTION 003
SENIOR HONOURS SEMINAR IN LEGAL STUDIES II
Classroom STJ 3020 (Boardroom)
WINTER 2013: Jan. 6, 2014 to Apr. 4, 2014 from 9:00 a.m. to 10:50 a.m. Fridays
Course Instructor
Kevin R. Burrows, B.A., LL.B., LL.M., Barrister & Solicitor - B.A., Carleton University
(Psychology/Criminology), LL.B., Queen’s University Law School, LL.M., York
University/Osgoode Hall Law School.
Room 3020 St. Jerome's University
Office STJ 1026; Office Hours: by appointment.
krburrows@hotmail.com – this is my preferred method of communication.
E-mail will be answered as quickly as possible.
You are welcome to speak to me after class or schedule an appointment to discuss assignments.
If you schedule an appointment and do not attend without notice, no further appointments will be
scheduled outside of office hours.
Email etiquette: When emailing, please type in the course short form e.g. LS 401 or LS 402 and
time e.g. 9 a.m. or 11:30 a.m. in the subject heading so that it is easily identified by me and not
mistakenly identified as SPAM. Please identify yourself and keep the message/inquiry succinct.
Please do not ask for information that can be found on the course outline (e.g., office hours,
course requirements, due dates, reading assignments etc.). Please do not forward essays by email.
Please do not ask for your grades by email.
I do not check the e-mail on UW ACE. Please do not contact me through ACE but rather through
my personal email only.
Before you e-mail me with a question, read the entire course outline to see if your inquiry is
already addressed.
Absent an authorized extension, papers are due at the end of the final scheduled class. Late
papers will be docked at the rate of 5 marks, out of an available 60 marks, for each day the paper
is late; this includes the same day if delivered after the end of class and includes days on the
weekend; deductions are not limited to business days. If there is conflict between this rule and
any other written or published rule, this rule / this paragraph will prevail.
Course Description:
This senior honours seminar focuses on law, its structure, and legal institutions from a crosscultural, political, philosophical, economic, and historical perspective. The course examines the
origins of legal systems and their impact, ethical issues related to law and social control, and
selected topics dealing with crime and the justice system.
Course Requirements
Participation Value 40%
Essay Requirement Value 60%
Course Reserves
Reading materials for this course are available through eReserves. You may access the readings
through the course reserves website (http://www.reserves.uwaterloo.ca/ares/) by signing in with
your Quest username and password. A link to the materials is also found on UW-ACE under
Lessons. There is no textbook.
Schedule of Classes
January 10, 2013
January 17, 2013
January 24, 2013
January 31, 2013
February 7, 2013
February 14, 2013
February 21, 2013
February 28, 2013
March 7, 2013
March 14, 2013
March 21, 2013
March 28, 2013
April 4, 2013
Introduction to Course Requirements
Prostitution and the Law
Human Trafficking
Abortion and the Law
Capital Punishment and the Law
Corporal Punishment and the Law
READING WEEK
Issues in Civil Law – Essay proposal due next class
Impaired Driving and the Law– Essay proposal due
Violent Offenders, Mental Disorder and the Law
Euthanasia and the Law
Medical Issues Part I
Medical Issues Part II – Essay due
Tips on Reading and Note Taking
Your goal in reading the assigned materials is to understand the main points each article/author is
trying to make and the relevant legal/ethical/political etc. issues involved. You should learn to
skim through the readings and make notes on those issues that are the most relevant. You should
also attempt to review and summarize the main issues that characterize the readings as a whole.
Make note of any questions or observations that you may wish to discuss in class. Organize your
notes so that you can find relevant materials quickly during class discussions.
Late Papers
Please note that late papers will not receive comments. A mark will be assigned without
feedback.
Reference Texts
The following texts can be found in the SJU library and may be useful for essay topics and
general interest.
Duxbury, R. (2003). Contract law. London: Sweet & Maxwell
Funston, B.W., & Meehan, E. (1998). Canada’s constitutional law in a nutshell. Toronto:
Carswell.
Greenspan, E. L., & Rosenberg, M. (2005). Martin’s annual Criminal Code. Aurora: Canada
Law Books Inc.
Hutchinson, A. C. (1999). Legal ethics and professional responsibility. Toronto: Irwin Law.
Kronby, M. C. (2001). Canadian family law. (8th ed.). Toronto: Stoddard.
Manson, A. (2001). The law of sentencing. Toronto: Irwin Law.
Paciocco, D., & Strusser, L. (2002). The law of evidence. (3rd ed.). Toronto: Irwin Law.
Vago, S., & Nelson, A. (2003). Law & Society. Toronto: Prentice Hall.
Yates, R. A., Yates, R.W., & Bain, P. (2000). Introduction to law in Canada. Toronto: Prentice
Hall.
Participation
Class participation is required and you will be graded based on the quality of class discussions.
You are required to come to class prepared to discuss the readings and answer relevant questions.
Grades will be based on your discussion of the readings. You are encouraged to take notes on the
readings and use them in class discussion to refer to specific articles and authors in discussing
relevant topics.
In each class, you will be asked to discuss what you consider to be the main issues addressed in
the reading materials, legal, ethical, theoretical and methodological concerns, and to offer a
critical analysis of their content.
You will also be required to work with other students to review the readings in one of the
sessions, assist with the discussion, and pose relevant questions for discussion. You are required
to provide one additional academic reading for your topic and make it available to students via email. The first person/group to present will be sending out a class e-mail list in the first week.
Your grade for the course will be based on the quality of your written assignments, class
attendance, and the quality of your class participation. Students are expected to comment on the
readings and issues under discussion at least three times in each seminar.
Students who miss classes will lose participation marks and are required to hand in a five page
typed review of the readings for that week. The five page review of the readings will count for
up to one-half of the participation grades allocated for that week. However, this is a situation for
emergencies only.
Essay
Due before the end of the last scheduled class for this course in the current semester - Value 60%
You are required to write a 15 page library research paper on any of the topics discussed in the
course. This is a Canadian law course, so the focus of your paper should be Canadian. A brief
essay proposal for the 15 page paper must be submitted and approved at the eight class.
The essay must be 15 pages double spaced with at least 15 references. The essay should briefly
summarize the topic, explain the key legal issues involved, relevant history, philosophy and other
disciplines involved, and it would be advisable to show how this area of law is proceeding in
practice by using a case example. Use actual case decisions if available. A case study is highly
recommended.
Number each page (NOT the title page), staple the pages together with a single clean properly
folded staple in the top left corner; please do not use plastic binders. The cover page must have
your name, I.D., title of the essay, course title and number, date, and the name of the instructor.
DO NOT NUMBER YOUR COVER PAGE. Essays that do not conform may be returned
ungraded or penalties assessed for being over or under the 15 page limit. Rewrites are subject to
penalties.
Essays should be well written and fully documented. The cover page, references, and appendices
do not count towards the page limit. Your paper must include a bibliography with 15 academic
sources. See below for what qualifies as an academic source. You may also include magazine
and newspaper articles but these will not be counted as part of the minimum required sources.
Wikipedia does not qualify as an academic source, and should not be used for any purpose.
There will be substantial penalties if you do not incorporate ALL chosen academic sources into
your paper.
Your essay may require some brief description of the issues but the focus should be analytical.
An analytical paper is one in which you attempt to make connections, explain, evaluate,
illustrate, compare, contrast, criticize, and apply concepts and/or theory to the issues discussed.
Ask yourself how this paper is adding to the discussion on that particular topic. Are you
discussing the issue in a way that no one else has done before?
Paragraphs must contain a COMPLETE thought. 1-3 sentence paragraphs are not permitted. Do
not write a biased or one-sided position paper. The essay should attempt to be objective and
examine various sides of an issue. You are encouraged to state your own views, criticisms, etc. in
the conclusion but only after you have offered a fair assessment of opposing arguments and
ONLY in the final paragraph of the essay.
The essay will be graded in part by the variety and quality of the references used, their relevance
to the topic, how current they are, and their application to the problems discussed in the paper.
Please use APA style http://www.apastyle.org/elecre.html for references and bibliography. Do
not use footnotes but instead, refer to your sources by the author's last name, year of publication,
and page number(s) e.g., (Desroches, 2002: 117). If you are citing lectures from another class
cite the lecturer’s last name, date and class (Chapman Lecture, May 2, 2009: LS 101). In the
bibliography put the full information for the class and lecturer. If you are citing a source that
cites another source, you should obtain that original source. If it is not available, use a footnote to
let me know that your source is citing another author.
Internet materials can only be used if the sources are from academic texts and/or journals found
in libraries, government publications, or Statistics Canada (see a list below). Websites may be
noted with a short name (Victims of Crime, 2008: 3). If there is no page number available on the
site, the page number may be omitted.
All legal statutes referred to must be written in italics. All case names must also be in italics.
After the first instance, R. v. Chapman, you can refer to the case by one name, eg., Chapman (in
italics). Latin terms must also be in italics.
You MUST have a reference each and every time that you take the direct words, AND if you
take the ideas of another author. This applies both when you quote directly and when you
paraphrase. You MUST include page references for each and every reference. Every time you
refer to someone else’s work, you must cite with page number. You may use one citation at the
end of multiple (2 or 3) sentences if they are from the same source, but if you change page
numbers, or authors, you must cite each time. However, if you use a DIRECT quote you MUST
supply a citation EACH AND EVERY TIME. There will be SUBSTANTIAL marks taken off if
you do not cite, and if you do not cite properly.
Alternatively, you are also permitted to use the McGill Guide of legal citation that is used in law
school.
If you are quoting a line from a source that originally had a capital letter, and you want to make
it into a lower case character to flow with your essay, you must use square brackets. For
example: in the original text it said: “Children tend to feel responsible for their own abuse.” You
would put that into the context of your essay saying: Unfortunately, “[c]hildren tend to feel
responsible for their own abuse.” (Hackler, 2003:215)1. Then you would go on to explain that
quote and why it is important to your essay.
It is very important that you lead into your quotations in your own words, and follow up the
quote with your own words. DO NOT put quotations into italic text. If you are quoting a passage
that is more than 4 lines in length, you must indent both sides of the text and single space. This is
a block quote:
Example
Pearson cites Lord Astor who tried to secure parole for Hindley in 1993, telling the panel that she
was “a victim: a normal human being who [went] through hell.”1 Hindley was used as a lure to
kidnap the young girls, he kept detailed records of their crimes, she was relatively “innocent”
when she met Brady, and she testified that Brady “threaten[ed] to kill family members, and
[used] pornographic photos to blackmail [her] into committing the crimes.”2 Cameron and Frazer
note that Hindley’s coercion is:
graphically illustrated, in fact, by the representations she and Brady produced. Though
Hindley was not an unwilling victim – unlike the unfortunate Lesley Ann Downey – she
was not the subject of the photographs either. On the contrary, she, like Lesley Ann, is
the object of Brady’s gaze and of Brady’s desire. In some of the pictures she is posed to
display the marks of Brady’s whip on her naked body. In these pictures Myra Hindley
confirms the masculine transcendence of her sadist lover.3
The paper should be well organized and well written. Carefully edit your work for simple
spelling and grammatical errors. DO NOT USE COLLOQUIAL PHRASES, such as “he got
1
Patricia Pearson, When She was Bad: Violent Women and the Myth of Innocence (Toronto:
Random House, 1997) at 179-80.
Also see Catherine Mary O’Sullivan, The Sacrifice of the Guilty: The Importance of Narrative
Resonance in Understanding Criminal Justice and Media Responses to Aberrant Offenders
(North York ON: Osgoode, 1996) at 305 [unpublished] [O’Sullivan].
2
3
Deborah Cameron and Elizabeth Frazer, The Lust to Kill: A Feminist Investigation of Sexual
Murder (Cambridge: Polity in Association with Basil Blackwell, 1987) at 148. [emphasis in
original].
away with it,” “it was close to his heart,” or “it hit the airwaves,” “he was broke.” If you would
put this phrase in an e-mail to a friend, do NOT use it in a formal essay. DO NOT USE
INFORMAL WORDS OR PHRASES. This is a formal paper, so use formal language at all
times. There will be substantial reductions for each use of an informal phrase or term.
After the due date there will be a reduction in your mark and for each day thereafter there will be
a reduction of 5%. Papers should be delivered in class or left in my drop box on the 2nd floor
hallway. If late, you may hand in your paper and assignments by having them stamped at the
office on the second floor of St. Jerome’s University. The office staff will date stamp the date
and time your paper is complete. This paper will then be put in my mailbox. If you are handing
in your paper after office hours (after 4:00), you must e-mail to say the date and time that you
handed in the paper to the drop box on the second floor of St. Jerome’s University. If you are
unable to get to SJU, you may e-mail your paper, but you must get an e-mail in reply saying that
I received the paper. If you do not receive a reply, I do not have your paper. It is your
responsibility to ensure that I have your material. Late papers will not receive comments.
Plagiarism will be aggressively dealt with up to, and including, failure of the paper and/or failure
of the class. Sources will be verified. Do not take any chances with plagiarism. It could affect the
rest of your academic career as well as entry to graduate school or law school.
There are certain things that should be ABSOLUTELY avoided in ALL essays. Do not use the
phrase “due to the fact that” or “due to.” Use “because.” Eliminate all unnecessary words and
phrases. If it can be said in one word do so, and do not use four words. Do not use hyphens (-‘s)
in your essay (except in the case of terms such as “seven-year-old” etc.)
Use up to date sources. Unless you are doing a historical analysis, your sources should be from
after 1990. Most of your sources should be from after 2000 if at all possible.
If you are citing from legislation or cases, use the formal legal citations. For example if you are
citing the case of R. v. Lavallee you need to include the in text citation of ([1990]1 S.C.R. 852 at
para. 34). If you are using these sources make sure that they are up to date, and that they have not
been overruled/succeeded by other cases/legislation. If you do not know how to do this, please
ask for assistance. Please summarize the law and/or include relevant parts of the legislation in an
appendix rather than use lengthy quotations. For example, if you are citing a long section of
legislation, rather than take up your 7 pages, refer to it in your essay (please see Appendix A)
and reproduce the legislation in the Appendix. An Appendix can also be used for charts, graphs,
etc.
“Noting Up” Cases: You may want to know if a particular case went to another level of court,
was overruled, or was confirmed. Lexis Nexis, available through the UW library website,
provides a tool that allows you to do this efficiently. Lexis Nexis can be found in “Research
Databases” under the “Law” category. Once you have accessed Lexis Nexis, go to the legal
function on the top of the page and select Canadian Cases on the left side of the page. Search for
the case. When you are in the case, click "view citator document" on the top left of the page.
That listing will tell you whether the case was appealed to a higher level of court, and whether
any cases have overruled the legal precedent, or if they have been distinguished from that case.
Please ask for assistance if there is any question.
In your bibliography use this format: Chapman, F. (2009) The Coercive Victim of the Sexual
Sadist. Toronto, ON: Carswell). (Last name of author, first initial, year in parentheses, title of the
book in italic font, place of publication, colon, publisher.
In your bibliography you list journal articles as: Chapman, F. (2009) The Coercive Victim of the
Sexual Sadist. Canadian Journal of Criminology, 34, 49-56. (Authors last name, first initial, year
of article, title of article in normal font, journal title in italic font, volume of journal in italic font,
pages of the article.) Several journal articles from the same journal each count as a separate
source.
Headings are permitted, but you have to balance the organization of your essay with being
thorough. You must decide if the room taken by the headings would be better used with
substantive material.
I am happy to talk about your topic, or look at some material from your essay. I cannot edit your
paper, but will give advice about content. I will not provide detailed information within 72 hours
of the due date.
Internet Research Resources
The following is a sample of permitted internet research resources. These sources (and ones like
them) are permitted, but will not count towards your 15 academic sources. Wikipedia is NOT a
permitted resource.
Access to Justice Network http://www.acjnet.org/nahome/default.aspx
Australian Legal Information Institute
http://www.austlii.edu.au/
The Canadian Bar Association
http://www.cba.org/CBA/
Canadian Human Rights Commission www.chrc-ccdp.ca
Canadian Legal Information Institute – Note – this is a resource that has full text legal cases. If
you are citing from a legal case use the formal citations found on this website.
http://www.canlii.org/index_en.html
Canadian Police Research Centre
http://www.css.drdc-rddc.gc.ca/cprc/index-eng.asp
Correctional Service of Canada
http://www.csc-scc.gc.ca/text/index-eng.shtml
Courts of the Provinces and Territories- Ontario http://www.ontariocourts.on.ca
Department of Justice Canada
http://www.justice.gc.ca/eng/index.html
Federal Court of Canada
http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Search
Foreign Affairs and International Trade Canada
http://www.international.gc.ca/index.aspx
Government of Canada http://canada.gc.ca/main_e.html
The International Criminal Court
http://www.icc-cpi.int/Menus/ICC/Home
The International Court of Justice
http://www.icj-cij.org/homepage/index.php
Jurist Canada: The Legal Education Network http://jurist.law.utoronto.ca
Legislatures of the Provinces and Territories- Ontario http://www.ontla.on.ca
National Parole Board
http://www.npb-cnlc.gc.ca/
New Zealand Legal Information Institute
http://www.nzlii.org/
Ontario Human Rights Commission http://www.ohrc.on.ca/
The Ontario Crown Attorney’s Association
http://www.ocaa.ca/
Ontario Human Rights Code http://www.efc.ca/pages/law/ontario/H.19.sect.html
Parliament of Canada
http://www.parl.gc.ca/common/index.asp?Language=E
Royal Canadian Mounted Police (RCMP)
http://www.rcmp-grc.gc.ca/index_e.htm
Royal Canadian Mounted Police External Review Committee
http://www.erc-cee.gc.ca/index-eng.aspx
Statistics Canada (Information about Justice and Crime) http://www.statcan.ca/start.html
The Supreme Court of Canada http://www.scc-csc.gc.ca
The Supreme Court of Canada Law Reports http://www.lexum.umontreal.ca/cscscc/en/index.html
The United Nations http://www.un.org
Getting Started at the University of Waterloo Library
The library’s resources are accessible from any computer on campus or by using the “Connect
from Home” option available on the left side of the library homepage. You can do a search for
books and journal articles regarding your research topic directly from the library’s homepage.
Alternatively, you can access databases that specifically address the law and legal issues by
selecting “Research Databases” and scrolling down to “Law” (located under “Social and
behavioural science”). Lexis Nexis, for example is an excellent resource for Canadian case law
and legal journals.
Journals
A scholarly journal is an academic resource published on a continuing basis, such as weekly or
monthly. Journals typically focus on a specific area of interest and feature articles containing
information on recent studies and research. Below is a list of journals available for online
research.
When searching for a topic, look for journals that are available online or that may be
downloaded, as certain journals may be accessible only through subscription. To get a sense of a
particular journal article’s content, you can read the article’s abstract. An abstract is a brief
summary detailing the information found within the body of the article. In addition, databases
containing articles from numerous journals can be accessed through university or community
libraries.
This is just a sample of permitted resources. The student may use any legitimate academic
journals but it is the responsibility of the student to ensure that this is an academic source.
Please note that you will need to be on campus or “Connect from Home” to have access to some
of the following.
The American Journal of Drug and Alcohol Abuse
http://www.informaworld.com/smpp/title~content=t713597226
The American Journal of Sociology http://www.jstor.org/journals/00029602.html
American Sociological Review http://www.jstor.org/journals/00031224.html
The British Journal of Criminology http://bjc.oxfordjournals.org/
The Canadian Bar Review
http://www.cba.org/CBA/Canadian_Bar_Review/Main/
The Canadian Journal of Economics http://www.jstor.org/journals/00084085.html
Canadian Journal of Philosophy http://www.canadianjournalofphilosophy.com/index.shtml
Canadian Journal of Sociology
http://www.jstor.org/journals/03186431.html
Canadian Lawyer http://www.canadianlawyermag.com/
Contemporary Sociology
http://www.jstor.org/journals/00943061.html
Crime and Delinquency http://cad.sagepub.com/
Crime and Justice
http://www.jstor.org/journals/01923234.html
Criminal Justice and Behaviour http://cjb.sagepub.com/
Criminal Justice Review http://cjr.sagepub.com/
Daedalus- Journal of the American Academy of Arts and Sciences
http://www.mitpressjournals.org/action/doSearch?searchText=daedalus
The Economist http://www.economist.com/
Health Law Journal
http://www.law.ualberta.ca/centres/hli/journals/journal
Human Rights Quarterly
http://www.jstor.org/journals/02750392.html
The International and Comparative Law Quarterly http://www.jstor.org/journals/00205893.html
The International Journal of Human Rights
http://www.tandf.co.uk/journals/titles/13642987.asp
Journal of Contemporary Criminal Justice http://ccj.sagepub.com/
Journal of Criminal Law, Criminology, and Police Science
http://www.jstor.org/journals/00220205.html
The Journal of Criminal Law and Criminology
http://www.jstor.org/journals/00914169.html
Journal of Family Violence http://www.springerlink.com/content/104903/
Journal of Law and Society
http://www.jstor.org/journals/0263323x.html
The Journal of Legal Studies
http://www.jstor.org/journals/00472530.html
Journal of Marriage and the Family
http://www.jstor.org/journals/00222445.html
Journal of Policy Analysis and Management
http://www3.interscience.wiley.com/journal/34787/home
Journal of Research in Crime and Delinquency http://jrc.sagepub.com/
Journal of Social Forces
http://www.jstor.org/journals/00377732.html
Law and Human Behavior http://www.jstor.org/journals/01477307.html
Law and Philosophy
http://www.jstor.org/journals/01675249.html
Law and Social Inquiry
http://www.jstor.org/journals/08976546.html
Law and Society Review http://www.jstor.org/journals/00239216.html
The Modern Law Review
http://www.jstor.org/journals/00267961.html
Police Quarterly http://pqx.sagepub.com/
Prison Journal
http://tpj.sagepub.com/
Proceedings of the American Philosophical Society
http://www.jstor.org/journals/0003049X.html
Qualitative Sociology
http://www.springerlink.com/content/0162-0436
Social Problems
http://www.jstor.org/journals/00377791.html
The Sociological Review
http://www.blackwell-synergy.com/loi/SORE
Studies in Conflict and Terrorism
http://www.informaworld.com/smpp/title~content=t713742821~db=jour
University of Toronto Law Journal
http://utpjournals.metapress.com/content/120886/
Violence Against Women http://vaw.sagepub.com/
Work and Occupations
http://wox.sagepub.com/
There are many other sources, this is not a complete list of acceptable sources. Ensure that they
are peer reviewed academic sources.
Legislation
Please note that these are the citations for the Criminal Code of Canada and the Charter of Rights
and Freedoms.
Criminal Code, R.S.C. 1985, c. C-46, s. 17; R.S.C. 1985, c. 27 (1st Supp.)
The Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c. 11.
Readings
Updates to Articles and Cases
Articles and cases listed below may not be current. It is the student’s responsibility to research
any recent updates prior to each week’s class.
1. Introduction
Introduction to the requirements of this course, administrative matters, and review of film on
racial profiling
No required readings
2. Racial Profiling and the Police
Amnesty International. (n.d.). The truth about racial profiling: Five Facts. Retrieved July 9, 2009,
from http://www.amnestyusa.org/us-human-rights/other/rp-five-facts-about-racialprofiling/page.do?id=1106649
Anger after police racism film. (2003, October 22). BBC News. Retrieved May 15, 2010, from
http://news.bbc.co.uk/2/hi/uk_news/3212442.stm
Bahdi, R., Bent, R., Cohen, I., Henry, F., Holmes, R., Jachman, B., … Whitaker, R. (2010).
Racial profiling. B.C. Civil Liberties Association. Retrieved June 28, 2012, from
http://bccla.org/wp-content/uploads/2012/03/2007-BCCLA-Report-Racial-Profiling.pdf
Bahdi, R., (2003). No exit: Racial profiling and Canada’s war against terrorism. Osgoode Hall
Law Journal, 41(2-3), 293-316.
Barlow, D. (2002). Racial profiling: A survey of African American police officers. Police
Quarterly, 5(3), 334-358.
Concordia student claims racial profiling. (2010, April 8). CBC News. Retrieved May 19, 2010,
from http://www.cbc.ca/canada/montreal/story/2010/04/08/concordia-student-racialprofiling.html
Daly, M. (2003, October 21). My life as a secret policeman. BBC News. Retrieved May 15,
2010, from http://news.bbc.co.uk/2/hi/uk_news/magazine/3210614.stm
Feeling the sting of racial profiling. (2009, October 1). The Toronto Star. Retrieved May 19,
2010, from http://www.thestar.com/article/703533
Frankel, G., & Jones, T. (2005, July 27). In Britain, a divide over racial profiling. The
Washington Post. Retrieved May 15, 2010, from http://www.washingtonpost.com/wpdyn/content/article/2005/07/26/AR2005072601789.html
Fund, J.H. (2006). Profiling encouraged. The American Spectator, 39(8), 52-53.
Gold, A.D. (2003). Media hype, racial profiling, and good science. Canadian Journal of
Criminology and Criminal Justice, 45(3), 391-399.
Graziano, L., Schuck, A., & Martin, C. (2010). Police misconduct, media coverage, and public
perceptions of racial profiling: An experiment. Justice Quarterly, 27(1), 52-76.
Higgins, G.E., & Gabbidon, S.L. (2009). Perceptions of consumer racial profiling and negative
emotions: An exploratory study. Criminal Justice and Behaviour, 36(1), 77-88.
Leary, W.J. (2003). Cultures in conflict: Eliminating racial profiling in school discipline. School
Administrator, Retrieved June 25, 2008, from
http://findarticles.com/p/articles/mi_m0JSD/is_9_60/ai_108837475
Melchers, R. (2003). Do Toronto Police engage in racial profiling? Canadian Journal of
Criminology and Criminal Justice, 45(3), 347-367.
Montreal accused of stalling racial profiling complaints. (2010, January 28). CBC News.
Retrieved May 19, 2010, from http://www.cbc.ca/canada/montreal/story/2010/01/28/mtl-delaysracial-profiling.html
Nassiah v. Peel, [2007] HRTO 14 (Human Rights Tribunal).
Ontario Human Rights Commission. (2003, October 21). Paying the price: The human cost of
racial profiling. Retrieved July 9, 2009, from
http://www.ohrc.on.ca/en/resources/discussion_consultation/RacialProfileReportEN
Ontario Human Rights Commission. (2007, January 4). Racial profiling inquiry - Major themes.
Retrieved June 27, 2008, from http://www.ohrc.on.ca/en/resources/factsheets/themes/view
Racial profiling: Frequently asked questions. (2005, May 26). CBC News In Depth. Retrieved
June 17, 2009, from http://www.cbc.ca/news/background/racial_profiling/
R. v. Brown, 2003 CanLII 52142 (Ont. C.A.).
R. v. Singh, [2003] CanLII 20804 (ON S.C.)
Tanovich, D. M. (2002). Using the Charter to stop racial profiling: The development of an
equality-based conception of arbitrary detention. Osgoode Hall Law Journal, 40(2), 145-185.
Welch, K., & Payne, A.A. (2010). Racial threat and punitive school discipline. Social Problems,
57(1), 25-48.
Wortley, S. (2003). Data, denials and confusion: The racial profiling debate in Toronto.
Canadian Journal of Criminology and Criminal Justice, 45(3), 367-369.
3. Illicit Drugs and Social Policy: Prohibition vs. Liberalization
Arnold, C. (2005, December 19). Teen abuse of painkiller OxyContin on the rise. National
Public Radio. Retrieved July 13, 2010, from
http://www.npr.org/templates/story/story.php?storyId=5061674
Black, M. (2012, June 25). What are bath salts? A look at Canada’s newest illegal drug. CBC
News. Retrieved June 28, 2012 from http://www.cbc.ca/news/canada/story/2012/06/25/f-faqbath-salts.html
Burrows, M. (2010, June 16). Bill S-10’s mandatory minimum penalties will cost billions, pot
advocate claims. Straight.com. Retrieved May 10, 2011 from http://www.straight.com/article329927/vancouver/bill-s10s-mandatory-minimum-penalties-will-cost-billions-pot-advocateclaims
Controlled Drugs and Substances Act, Statutes of Canada (1996), Government of Canada.
Claridge, T. (2011, October 14). SCC upholds Insite drug law exemption. The Lawyers Weekly.
Retrieved June 28, 2012 http://www.lawyersweekly-digital.com/lawyersweekly/3122?pg=3#pg3
Dark crystal: Crystal meth across Canada. (2005, July 23). CBC News: The Fifth Estate.
Retrieved June 25, 2008 from http://www.cbc.ca/fifth/darkcrystal/canada.html
Dark crystal: Facts on crystal meth. (2005, July 23). CBC News: The Fifth Estate. Retrieved
June 25, 2008, from http://www.cbc.ca/fifth/darkcrystal/facts.html
Dark crystal: The story of two B.C. towns. (2005, July 23). CBC News: The Fifth Estate.
Retrieved June 25, 2008, from http://www.cbc.ca/fifth/darkcrystal/bc.html
Desroches, F. (2005). Higher-level drug trafficking in Canada: Social policy implications. In The
crime that pays: Drug trafficking and organized crime in Canada (p.p. 207-218). Toronto:
Canadian Scholar’s Press. Note: This is a book held on reserve at SJU
Desroches, F. (2005). Drug trafficking and organized crime: Canadian legislation and case law.
In The crime that pays: Drug trafficking and organized crime in Canada (p.p. 13-32). Toronto:
Canadian Scholar’s Press. Note: This is a book held on reserve at SJU
Dingman, S. (2009, June 24). Canada now a major exporter of methamphetamine, UN report
says. National Post. Retrieved May 19, 2010, from
http://network.nationalpost.com/np/blogs/posted/archive/2009/06/24/canada-now-a-majormethamphetamine-exporter-un-report-says.aspx
Ex-crystal meth addict successfully sues dealer. (2008, January 9). CTV News. Retrieved June
27, 2008, from
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20080109/meth_lawsuit_080109/200801
09
Hall, W. (2009). The adverse health effects of cannabis use: What are they, and what are their
implications for policy? International Journal of Drug Policy, 20(6), 458-466.
Hall, W., Room, R. (2008). Should we recriminalize cannabis use? The Canadian Journal of
Psychiatry, 53(12), 793-794.
Hathaway, A.D. (2001). Charter rights of Canadian drug users: A constitutional assessment of
the Clay trial and ruling. Canadian Journal of Law and Society, 16(1), 29-43.
Huber, C. (1994). Needle park: What can we learn from the Zurich experience? Addiction, 89,
513-516.
Hyshka, E. (2009). Turning failure into success: What does the case of Western Australia tell us
about Canadian cannabis policy-making? Policy Studies, 30(5), 513-531.
Illegal drugs: Canada’s growing international market. (2009, June 24). CBC News. Retrieved
May 12, 2010, from http://www.cbc.ca/health/story/2009/06/24/f-unitednations-drug-reportcanada-ecstasy.html
Mangham, C. (2001). Harm reduction and illegal drugs: The true debate. RCMP Gazette, 63(4),
6-11.
O’Toole, M. (2012, May 04). Cannabis rules challenged: Federal government seeking to uphold
MMAR provisions. The Lawyers Weekly. Retrieved June 28, 2012 from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1652
Public Safety Canada. (2012, February). Estimating the size of the Canadian illicit meth and
MDMA Markets: A multi-method approach. Retrieved June 28, 2012 from
http://publications.gc.ca/collections/collection_2012/sp-ps/PS4-125-2012-eng.pdf
R. v. Long, 2007 ONCJ 341, July 26 2007.
R. v. Mernagh, [2011] ONSC 2121 (CanLII), (Ontario Superior Court of Justice); Intervenor
application at 2012 ONCA 199 (Ontario Court of Appeal).
Royal Canadian Mounted Police. (2009). Drug situation in Canada –2009. Retrieved May 12,
2010, from http://www.rcmp-grc.gc.ca/drugs-drogues/2009/drug-drogue-2009-eng.pdf
Rogers, B. (2003). Joint submissions. Canadian Lawyer, 27(6), 28-34.
Simons-Morton, B., Pickett, W., Boyce, W., Bogt, T. F. M., & Vollebergh, W. (2010).
Cross-national comparison of adolescent drinking and cannabis use in the United States, Canada,
and the Netherlands. International Journal of Drug Policy, 21(1), 64-69.
The Model Drug Dealer Liability Act. Retrieved June 28, 2012 from
http://www.modelddla.com/index.htm
Tan, S. (2008, October 6). Parents use Drug Dealer Liability Act to hold felons monetarily
accountable. Drug Law. Retrieved May 19, 2010 from http://www.braha.org/en/drug-law/1234
Tremblay, S. (1999). Illicit drugs and crime in Canada. Statistics Canada – Catalogue no. 85002-XIE, 19 (1), 1-14. Retrieved May 12, 2010, from http://dsp-psd.pwgsc.gc.ca/CollectionR/Statcan/85-002-XIE/0019985-002-XIE.pdf
Uchtenhagen, A. (2009). Heroin-assisted treatment in Switzerland: A case study in policy
change. Addiction, 105(1), 29-37.
Vandaelle, I. (2012, March 17). Majority of Canadians support legalizing or decriminalizing
marijuana new poll suggests. National Post. Retrieved June 28, 2012 from
http://news.nationalpost.com/2012/01/17/majority-of-canadians-support-legalizing-ordecriminalizing-marijuana-new-poll-suggests/
Additional Reading
Canada. Department of Justice. (2007, July). Methamphetamine report for federal-provincialterritorial ministers responsible for justice. Retrieved May 19, 2010, from
http://www.justice.gc.ca/eng/dept-min/pub/meth/index.html Note: Skim this report
4. Wrongful Convictions – Part I - Evidence
Banks, D. (2003, March 20). United States: The needle paused; Executions. The Economist,
366(8316), 51.
Behrman, W.B. & Davey, S.L. (2001). Eyewitness identification in actual criminal cases: An
archival analysis. Law and Human Behavior, 25(5), 475-491.
Canada’s wrongful convictions. (2010, October 14). CBC News. Retrieved May 10, 2011, from
http://www.cbc.ca/news/canada/story/2009/08/06/f-wrongfully-convicted.html
Chapman, F.E. (2013) (Upcoming publication). Coerced internalized false confessions and
police interrogations: The power of coercion. Law & Psychology Review, 37(1).
Edwards, K. (2005). Ten things about DNA contamination that lawyers should know. Criminal
Law Journal, 29(2), 71-93.
Felch, J. (2009, March 28). Fingerprints on trial: Fresh evidence calls into question a timehonoured crime-solving technique. The Record. Retrieved June 3, 2009, from
http://news.therecord.com/Opinions/article/511060
Godsey, M.A., & Alou, M. (2011). She blinded me with science: Wrongful convictions and the
“Reverse CSI-Effect.” Texas Wesleyan Law Review, 17(4), 481-498.
Grogan, D., & Jones, R. (1994, December 5). Criminal injustice. People Weekly, 42(23), 46-49.
Kennedy, J. P. (2004). Righting the wrong: The role of defence counsel in wrongful convictions
– A commentary. Canadian Journal of Criminology and Criminal Justice, 46(2), 197.
King, M. (2002). The trials of Benoit Proulx. Canadian Lawyer, 26, 26-30.
Lambert, B. (2008, July 6). Perseverance and chance led to reversal is ’88 murders. The New
York Times. Retrieved June 4, 2009, from
http://www.nytimes.com/2008/07/06/nyregion/nyregionspecial2/06tankleffli.html
Makin, K. (2002, February 19). Wrongful conviction: Forensic science backs freak-fall theory.
Globe and Mail, pp. A6.
Native residential school forgiveness granted. (2010, June 12). CBC News. Retrieved June 18,
2010, from http://license.icopyright.net/user/viewFreeUse.act?fuid=ODczNjgwNw== Note:
Read this article with the material on the Apology Act
R. v. Mullins-Johnson [2007] ONCA 720 (Ontario Court of Appeal.)
Sher, J. (2002). Until you are dead: Steven Truscott’s long ride into history. Toronto: Vintage
Press. Note: This is a book held on reserve at SJU
Sherrin, C. (2005). False confessions and admissions in Canadian law. Queen’s Law Journal,
30(2), 601-659.
Tabuchi, H. (2010, March 26). Japan clears man imprisoned for 17 years. The New York Times.
Retrieved May 19, 2010, from http://www.nytimes.com/2010/03/27/world/asia/27japan.html
The search for justice. (2007, August 28). CBC News. Retrieved June 7, 2008, from
http://www.cbc.ca/news/background/truscott/
Weiss, R. (2008, April 20). Can DNA tests reveal a criminal mind? The Washington Post.
Retrieved June 26, 2008, from
http://www.msnbc.msn.com/id/24231824/print/1/displaymode/1098/
York, G. (2004, March 18). Death penalty debate grips China after wrongful execution. Globe
and Mail, pp. A1.
5. Wrongful Convictions – Part II – Apology, Remedies, Compensation
Brown, C. (2010, January 15). Why apology legislation benefits insurers. The Lawyers Weekly.
Retrieved May 19, 2010, from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1072
Campbell, K., & Denov, M. (2004). The burden of innocence: Coping with a wrongful
imprisonment. Canadian Journal of Criminology and Criminal Justice, 46(2), 139-163.
Canada. Federal/Provincial/Territorial Heads of Prosecutions Subcommittee on the Prevention of
Wrongful Convictions. (2011). The path to justice: Preventing wrongful convictions. Retrieved
July 31, 2012, from http://www.ppsc.gc.ca/eng/pub/ptj-spj/ptj-spj-eng.pdf
Carlson, D. (2009, December 7). Apology Act signals cultural shift. Law Times. Retrieved May
19, 2010, from http://www.lawtimesnews.com/200912075948/Headline-News/Apology-Actsignals-cultural-shift
Cohen, T. (2007, October 20). Why is not guilty not innocent? The Record. Retrieved June 7,
2008, from http://news.therecord.com/News/CanadaWorld/article/258730
Grounds, A. (2004). Psychological consequences of wrongful conviction and imprisonment.
Canadian Journal of Criminology and Criminal Justice, 46(2), 165- 182.
Hickman, A.T. (2004). Wrongful convictions and commissions of inquiry: A commentary.
Canadian Journal of Criminology and Criminal Justice, 46(2), 183-187.
Innocence Project. (2009). Executive summary: Making up for lost time: What the wrongfully
convicted endure and how to provide fair compensation. Retrieved August 3, 2012, from
http://www.innocenceproject.org/docs/Innocence_Project_Compensation_Report.pdf
Makin, K. (2010, March 31). Mother wrongfully prosecuted for daughter’s murder denied
compensation. The Globe and Mail. Retrieved May 19, 2010, from
http://www.theglobeandmail.com/news/national/mother-wrongfully-prosecuted-for-daughtersmurder-denied-compensation/article1519261/
Martin’s Annual Criminal Code (2006). Applications for Ministerial Review. Sec. 696.
No cash for wrongfully convicted men: Ontario. (2010, January 13). CBC News. Retrieved June
27, 2012 from http://www.cbc.ca/news/canada/toronto/story/2010/01/13/baltovichcompensation.html
Ontario Ministry of the Attorney General. (2008). Inquiry into pediatric forensic pathology in
Ontario: Volume 1. Toronto: Queen’s Printer for Ontario. Retrieved June 3, 2009, from
http://www.goudgeinquiry.ca/ Note: Please read only the summary
Ontario passes bill making it easier to apologize. (2009, March 11). The Star. Retrieved June 30,
2010, from http://www.thestar.com/article/600490
Scullion, K. (2004). Wrongful convictions and the criminal conviction review process pursuant
to Section 691. 1 of the Criminal Code of Canada. Canadian Journal of Criminology and
Criminal Justice, 46(2), 189.
Shore, P. (2001). Resettlement needs of the wrongfully convicted. The Journal of Forensic
Psychiatry, 12(3), 487-490.
Weisman, R. (2004). Showing remorse: Reflection on the gap between expression and attribution
in cases of wrongful conviction. Canadian Journal of Criminology and Criminal Justice. 46(2),
121-138.
Wolson, R.J., & London, A.M. (2004). The structure, operation, and impact of wrongful
conviction inquiries: The Sophonow inquiry as an example of the Canadian experience. Drake
Law Review. 52, 677-694.
Wrongfully convicted Ont. man gets $4.25M. (2010, October 24). CBC News. Retrieved March
21, 2012, from http://www.cbc.ca/news/canada/toronto/story/2010/10/21/toronto-smithpathologist-mullins-johnson.html
6. Clergy Sexual Misconduct
Arnold, J.M. (2008). “Divine” justice and the lack of secular intervention: Abrogating the clergycommunicant privilege in mandatory reporting statutes to combat child sexual abuse. Valparaiso
University Law Review, 42(3), 849-903.
B.M.B. v. Fallona [2011] ONSC 1048 (Ont. Superior Court of Justice). Retrieved June 28, 2012
from http://www.theinquiry.ca/wordpress/wp-content/uploads/2010/11/Fallona-motionredacted.pdf
Balboni, J.M., Bishop, D. M. (2010). Transformative justice: Survivor perspectives on clergy
sexual abuse. Community Justice Review, 13(2), 133-154.
Chen, D. (2009, May 9). Record settlement for priest’s sex victim. The National Post. Retrieved
May 19, 2010, from http://www.nationalpost.com/related/topics/story.html?id=1580170
Finkelhor, D. (2003). The legacy of the clergy abuse scandal. Child Abuse & Neglect, 27(11),
1225-1229.
Flynn, K.A. (2008). In their own voices: Women who were sexually abused by members of the
clergy. Journal of Child Sexual Abuse, 17(3-4), 216-237.
Goodstein, L., & Luo, M. (2010, April 9). Pope put off punishing abusive priest. The New York
Times. Retrieved May 19, 2010, from
http://www.nytimes.com/2010/04/10/world/europe/10pope.html
Hamilton, M.A. (2008). The Waterloo for the so-called church autonomy theory: Widespread
clergy abuse and institutional cover-up. Cardozo Law Review, 29, 225-245.
Hurdle, J., & Eckholm, E. Cardinal’s aide is found guilty in abuse case. New York Times.
Retrieved June 28, 2012 from http://www.nytimes.com/2012/06/23/us/philadelphias-msgrwilliam-j-lynn-is-convicted-of-allowing-abuse.html?pagewanted=all
Isley, P.J., Isley, P., Freiburger, J., & McMackin, R. (2008). In their own voices: A qualitative
study of men abused as children by catholic clergy. Journal of Child Sexual Abuse, 17(3-4), 201215.
John Doe v. Bennett, [2004] 1 S.C.R. 436, 2004 SCC 17 (S.C.C.). Retrieved June 28, 2012 from
http://www.canlii.org/en/ca/scc/doc/2004/2004scc17/2004scc17.pdf
Lytton, T.D. (2007). Clergy sexual abuse litigation: The policymaking role of tort law.
Connecticut Law Review, 39(3), 809-896. Note: Skim this article
Martin, J. (1994). Justice for victims?- The sentencing of public trust figures convicted of child
sexual abuse: A focus on religious leaders. Alberta Law Review, 32(1), 16-36.
Noll, D.E., & Harvey, L. (2008). Interventions to address particular characteristic of clergy
abuse. Journal of Child Sexual Abuse, 17(3-4), 377-396.
Parker, S. (2000, March 27). Painted priest: An investigator alleges a link between pedophilia
and Catholic liturgical reform. The Report Newsmagazine, 26(50), 39.
Quirk, N. (2010, May 18). Unsafe in any denomination – women and clergy sexual abuse.
National Organization for Women. Retrieved June 28, 2012 from
http://www.now.org/issues/violence/clergyabuse_unsafe.html
R. v. Gruenke, [1991] S.C.J. No. 80 (S.C.C.). Retrieved June 28, 2012 from
http://www.canlii.org/en/ca/scc/doc/1991/1991canlii40/1991canlii40.pdf
Russell, D. (1992). Paedophilia: The Criminal Responsibility of Canada’s Churches. Dalhousie
Law Journal, 15, 133-154.
Saradjian, A., & Nobus, D. (2003). Cognitive distortions of religious professionals who sexually
abuse children. Journal of Interpersonal Violence, 18(8), 905-923.
Terry, K.J. (2008). The nature and scope of child sexual abuse in the Catholic Church. Criminal
Justice and Behavior, 35(5), 549-569.
Valpy, M. (2005, October 15). So, sir, do you prefer baseball or knitting? The Globe and Mail,
pp. F2.
Van Schie, K. (2009). Clergy sexual misconduct and the law. Unpublished essay.
Vitello, P. (2010, May 30). Prospective Catholic priests face sexuality hurdles. The New York
Times. Retrieved June 28, 2012 from
http://www.nytimes.com/2010/05/31/nyregion/31gay.html?pagewanted=all
Walsh, J. (2010, May 11). Pope Benedict blames ‘sin inside the church’ for Vatican woes. The
Christian Science Monitor. Retrieved May 19, 2010, from
http://www.csmonitor.com/World/Global-Issues/2010/0511/Pope-Benedict-blames-sin-insidethe-church-for-Vatican-woes
White, M.D., & Terry, K.J. (2008). Child sexual abuse in the Catholic Church: Revisiting the
rotten apples explanation. Criminal Justice and Behavior, 35(5), 658-678.
Additional Reading:
Dokecki, P. R. (2004). The clergy sexual abuse crisis: Reform and renewal in the Catholic
community. Washington, DC: Georgetown University Press. Note: This is a book held on
reserve at SJU
Jenkins, P. (1996). Pedophiles and priests: Anatomy of a contemporary crisis. New York: Oxford
University Press. Note: This is a book held on reserve at SJU
7. Terrorism and Anti-Terrorism Law
Adam, M. (2010, April 2). Harkat case 'falling apart': Zubaydah lawyer suggests U.S. info post9/11 not reliable. The Ottawa Citizen. Retrieved May 13, 2010, from
http://www.ottawacitizen.com/news/Harkat+case+falling+apart/2755792/story.html
Aitken, R. (2008). Notes on the Canadian exception: Security certificates in critical context.
Citizenship Studies, 12(4), 381-396.
Arar report exposes RCMP, government officials complicit in torture. (2006, September 18).
Amnesty International. Retrieved June 10, 2010, from
http://www.amnesty.ca/resource_centre/news/view.php?load=arcview&article=3723&c=Resourc
e+Centre+News
Blanchard, C.M. (2005). Al Qaeda: Statements and evolving ideology. CRS Report for Congress,
June 20, 2005. The Library of Congrees: Congressional Research Service.
Biswas, B. (2009). Just between friends: Bilateral cooperation and bounded sovereignty in the
“Global War on Terror”. Politics & Policy, 37(5), 929-950.
Canada. Department of Justice. (2010, April 23). Government of Canada introduces Combating
Terrorism Act. Retrieved May 13, 2010 from http://www.marketwire.com/pressrelease/Government-of-Canada-Introduces-Combating-Terrorism-Act-1153005.htm
Canada, Department of Justice, (2012, February 15). Government strengthens counter terrorism
legislation. Retrieved June 28, 2012 from http://www.justice.gc.ca/eng/news-nouv/nrcp/2012/doc_32703.html
Canada. Public Safety. (2009). Security certificates. Retrieved May 19, 2010, from
http://www.publicsafety.gc.ca/prg/ns/seccert-eng.aspx
Canada. Public Safety. (2012). Security certificates. Retrieved June 28, 2012 from
http://www.publicsafety.gc.ca/prg/ns/seccert-eng.aspx
Charkaoui to sue Ottawa for $24 million. (2010, March 12). CBC News. Retrieved May 19,
2010, from http://www.cbc.ca/canada/montreal/story/2010/03/12/mtl-cp-charkaoui-lawsuit.html
Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. (2006).
Report of the events relating to Maher Arar: Analysis and recommendations. Retrieved June 10,
2010, from http://www2.pch.gc.ca/cs-kc/arar/Arar_e.pdf - Read summary only
Copeland, P. (2007, November 13). Harkat case in the SCC. The Court. Retrieved June 9, 2008,
from http://www.thecourt.ca/2007/11/13/harkat-case-in-the-scc/
Davis, R. (2011). “Applying foreign law enforcement initiatives to U.S. airport security”. Global
Review, 1, 22-27.
Dolnik, A. (2003). Die and let die: Exploring links between suicide terrorism and terrorist use of
chemical, biological, radiological, and nuclear weapons. Studies in Conflict and Terrorism,
26(1), 17-35.
Duffy, A. (2012, June 25). Mohamed Harkat case likely to head to Supreme Court, stretch into
second decade. Ottawa Citizen. Retrieved June 28, 2012 from
http://www.ottawacitizen.com/news/Mohamed+Harkat+case+likely+head+Supreme+Court+stret
ch+into+second+decade/6838438/story.html#ixzz1z5hX1PuD
Guilty US Mumbai plotter sought by India. (2010, March 19). BBC News. Retrieved May 13,
2010, from http://news.bbc.co.uk/2/hi/south_asia/8576145.stm
Hanniman, W. (2008). Canadian Muslims, Islamophobia and national security. International
Journal of Law, Crime and Justice, 36(4), 271-285.
Harkat v. Canada (Minister of Citizenship and Immigration), 2005 FC 1740.
Hoffman, B. (2001). Change and continuity in terrorism. Studies in Conflict and Terrorism,
24(5), 417-428. Note page 420
Hoffman, B. (2002). Rethinking terrorism and counterterrorism since 9\11. Studies in Conflict
and Terrorism, 25(5), 303-316.
Jose, D. (2012, June 27). Alleged Mumbai plotter confirms Pakistan involved: India. Reuters.
Retrieved June 28, 2012 from http://www.reuters.com/article/2012/06/27/us-india-pakistanmilitant-idUSBRE85Q0QT20120627
Lennox, P. (2007). From golden straitjacket to Kevlar vest: Canada’s transformation to a security
state. Canadian Journal of Political Science, 40(4), 1017-1038.
Malinowski, T. (2005). Restoring moral authority: Ending torture, secret detention, and the
prison at Guantanamo Bay. The Annals of the American Academy, 618(1), 148-159.
McLellan, A. (2001). New powers to fight terrorism. Canadian Speeches, 15(4), 30.
Maher Arar: Timeline. (2007, January 26). CBC News. Retrieved June 9, 2010, from
http://www.cbc.ca/news/background/arar/
McCarthy, S. (2012, February 16). Security services deem environmental, animal-rights groups
'extremist' threats. Globe and Mail. Retrieved June 28, 2012 from
http://www.theglobeandmail.com/news/politics/security-services-deem-environmental-animalrights-groups-extremist-threats/article533559/
Monaghan, R. (2000). Single-issue terrorism: A neglected phenomenon? Studies in Conflict and
Terrorism, 23(4), 255- 265.
Mironenko, O. (2011). Body scanners versus privacy and data protection. Computer Law &
Security Review, 27(2), 232-244.
Obama apology to Maher Arar sought by U.S. groups: Petition delivered today to U.S. president
has 60,000 signatures. (2012, May 22). CBC News. Retrieved June 28, 2012 from
http://www.cbc.ca/news/world/story/2012/05/21/ottawa-maher-arar-apology-united-states.html
Parachini, J.V. (2001). Comparing motives and outcomes of mass casualty terrorism involving
conventional and unconventional weapons. Studies in Conflict and Terrorism, 24(5), 389-406.
Peterson, R. (2011). The emperor’s new scanner: Muslim women at the intersection of the first
amendment and full-body scanners. Hastings Women’s Law Journal, 22(2), 339-360.
Phantom Menace? (2007, January). Canada and the World Backgrounder, 72(4), 4-7.
Quayat, D., Green, B., & Young, H. (2011, October 21). Victims of terrorism: Compensation
legislation likely ineffective. Lawyers Weekly. Retrieved June 28, 2012 from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1520
U.S. court denies Maher Arar's appeal. (Broadcast transcript). (2009, November 2). CBC News.
Retrieved May 13, 2010, from
http://find.galegroup.com.proxy.lib.uwaterloo.ca/gtx/infomark.do?&contentSet=IACDocuments&type=retrieve&tabID=T004&prodId=CPI&docId=A211021743&source=gale&srcp
rod=CPI&userGroupName=wate34930&version=1.0
Additional Reading
Maher Arar. (2010). Retrieved June 9, 2010, from http://www.maherarar.ca/
8. War Crimes and Command Responsibility
Always get your man; War crimes and international justice. (2009, October 24). The Economist,
393(8654), 71.
Amnesty International. (2008, January 31). War crimes go unpunished in Guatemala. Retrieved
July 9, 2009, from http://www.amnesty.org/en/news-and-updates/news/war-crimes-gounpunished-guatemala-20080131
Axworthy, L. (2009). Prosecute Sudan’s leader over Darfur. New Perspectives Quarterly, 26(1),
40-42.
Bruce, M. (2011). International Criminal Court (ICC) statute and implementation of the Geneva
Conventions. Commonwealth Law Bulletin, 37(4), 681-781.
Cencich, J.R. (2009). International criminal investigations of genocide and crimes against
humanity. International Criminal Justice Review, 19(2), 175-191.
Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24. Retrieved June 28, 2012 from
http://laws-lois.justice.gc.ca/eng/acts/C-45.9/
Finlay, L.L. (2009). Our own Abu Ghraib? Native Americans and torture of “the Other” in the
United States. War Crimes, Genocide, & Crimes against Humanity, 3, 89-137.
Germany reopens hundreds of Nazi war crime probes. (2011, October 5). Associated Press.
Retrieved on June 28, 2012 from http://www.cbc.ca/news/world/story/2011/10/05/germany-naziwar-crime-investigations.html
Guly, C. (2011, October 21). Revoking the citizenship of an alleged war criminal. Lawyers
weekly. Retrieved June 28, 2012 from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1521
Hamm, M.S. (2007). High crimes and misdemeanors: George W. Bush and the sins of Abu
Ghraib. Crime Media Culture, 3(3), 259-284.
Hassan, S.M. (2009). Darfur and the crisis of governance in Sudan: A left perspective. South
Atlantic Quarterly, 109(1), 95-116.
Lafontaine, F. (2010). Canada’s crimes against humanity and war crimes act on trial. Journal of
International Criminal Justice, 8(1), 269-288.
Lackenbauer. P.W. (2001). Kurt Meyer, 12th SS Panzer Division, and the murder of Canadian
prisoners of war in Normandy: An historical and historiographical appraisal. Gateway. Retrieved
June 12, 2008, from http://grad.usask.ca/gateway/archive9.html
Liddick, E.M., & Gagnon, J.T. (2009). Striving for peace and reconciliation in Sri Lanka: A
creative solution to conflict. War Crimes, Genocide & Crimes against Humanity, 3, 39-88.
Luttwak, E.N. (1999). Give war a chance. Foreign Affairs, 78(4), 36-44.
Q&A: Sudan’s Darfur conflict. (2009, March 5). BBC News. Retrieved July 9, 2009, from
http://news.bbc.co.uk/2/hi/africa/3496731.stm
Royakkers, L., & van Est, R. (2010). The cubicle warrior: The marionette of digitalized warfare.
Ethics Inf. Technol, 12, 289-296.
Rubenstein, M. (LS 401 paper 2011), Canada’s Legal Response To Holocaust War Criminals.
(Can get a copy to Deb).
Schneider, C. (2008). The Japanese history textbook controversy in East Asian perspective. The
Annals of the American Academy, 617(1), 107-122.
Singer, L. (2011, December). Canada’s Least Wanted. Canadian Bar Association National
Magazine. Retrieved June 28, 2012 from http://cbanational.rogers.dgtlpub.com/2011/2011-1231/pdf/Canadas_Least_Wanted.pdf
Unleashing the laws of war; The Geneva conventions at 60. (2009, August 15). The Economist,
392(8644), 53.
Wade, M.L. (2009). Genocide: The criminal law between truth and justice. International
Criminal Justice Review, 19(2), 150-174.
Welch, C. E., & Watkins, A. F. (2011). Extending enforcement: The coalition for the
international criminal court. Human Rights Quarterly, 33(4), 927-1031.
Wustenberg, J., & Art, D. (2008). Using the past in the Nazi successor states from 1945 to the
present. The Annals of the American Academy, 617(1), 72-87.
Additional Reading:
Bantekas, I. (1999). The contemporary law of superior responsibility. Journal of American
International Law, 93, 573-595.
Brode, P. (1997). Casual Slaughters and Accidental Judgments: Canadian War Crimes
Prosecutions, 1944-1948. Toronto: Osgoode Society for Canadian Legal History.
Durtch, W.J., Holt, V.K., Earle, C.R., & Shanahan, M.K. (2003). The Brahimi Report and the
future of UN peace operations. The Henry L. Stimson Center, XV-XXVII, 19-25, 29-31.
Fenrick, B. (1989). The Prosecution of War Criminals in Canada. Dalhousie Law Journal, 12,
256-297.
Lackenbauer, P.W., & Madsen, C. (2001). Justifying atrocities: Lieutenant-Colonel Maurice
Andrew and the defence of Brigadef∏hrer Kurt Meyer. In Yves Tremblay (Eds.), Canadian
Military History Since the 17th Century (pp. 553-564). Ottawa: National Defence.
Lehmann, W. (2002). Recollections concerning war crimes investigations and prosecutions.
Canadian Military History, 1l(4), 70-80.
Macdonald, B.J.S. (1954). The Trial of Kurt Meyer. Toronto: Clarke, Irwin & Co.
Madsen, C. (1999). Another Kind of Justice: Canadian Military Law from Confederation to
Somalia. Vancouver: UBC Press.
Margolian, H. (1998). Conduct Unbecoming: The Story of the Murder of Canadian Prisoners of
War in Normandy. Toronto: University of Toronto Press.
Meyer, K. (1994). Grenadiers. ( M. Mend∏ Trans.). Winnipeg: J.J. Fedorowicz.
Parks, W. H. (1973). Command responsibility for war crimes. Military Law Review, 62, 1-104.
Reynolds, M. (2003). Cold war clemency: The Kurt Meyer conundrum. The Beaver, 83, 12-15,
17-19.
R. v. Finta, [1994] 1 S.C.R. 701
Smidt, M. (2000). Yamashita, Medina, and beyond: Command responsibility in contemporary
military operations. Military Law Review, 164, 155-234.
Whalen, J. M. (1994). The face of the enemy: Kurt Meyer: Normandy to Dorchester. The
Beaver, 74, 20-23.
9. Technology and the Law – Privacy, Tasers
Amnesty International (2007, May 23). Canada Inappropriate and excessive use of Tasers.
Retrieved August 3, 2012, from www.amnesty.org/en/library/info/AMR20/002/2007
Bennett, C. (2012, May 4). Site raises sticky copyright issues. Lawyers Weekly. Retrieved
August 3, 2012, from http://www.davis.ca/uploads/publications/pinterest-raises-sticky-copyrightissues_en.pdf
Braidwood Commissions of Inquiry. (2009). Restoring public confidence: Restricting the use of
conducted energy weapons in British Columbia. Conducted Energy Weapons. Retrieved August
3, 2012, from http://www.braidwoodinquiry.ca/report/
Bremner, P. (2012, May 4). ‘Biosimilars’ poised to enter market. Lawyers Weekly. Retrieved
June 29, 2012, from http://www.lawyersweekly-digital.com/lawyersweekly/3201?pg=14#pg14
Goold, B. (2012, June 1). Surveillance under the spotlight. Lawyers Weekly. Retrieved June 28,
2012, from http://www.lawyersweekly.ca/index.php?section=article&articleid=1670
Gully, C. (2011, September 2). Food fight: The future of labeling genetically modified food.
Lawyers Weekly. Retrieved June 29, 2012, from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1486
Gully, C. (2011, September 16). Domain names are ‘property’: Ont. CA. Lawyers Weekly.
Retrieved June 29, 2012, from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1495
Kline, J. (2012, May 16). The Internet spying bill is dead. Long live the Internet spying bill.
National Post. Retrieved June 29, 2012, from
http://fullcomment.nationalpost.com/2012/05/16/jesse-kline-the-internet-spying-bill-is-deadlong-live-the-internet-spying-bill/
Makin, K. (2012, April 13) Supreme court strikes down police wiretap exception. The Globe and
Mail. Retrieved June 29, 2012, from http://www.theglobeandmail.com/news/national/supremecourt-strikes-down-police-wiretap-exception/article4100097/
McFeat, T. (2010, March 12). Cameras in the court: Contrary to the public interest or a salvation
for the trial process? CBC News. Retrieved June 29, 2012, from
http://www.cbc.ca/news/canada/story/2010/03/12/f-cameras-courts.html
Phillipson, M. (2007) Agricultural biotechnology and the "early-working" exemptions under the
Patent Act. Alberta Law Review. 44(4), 765 – 778.
Royal Canadian Mounted Police. (2009). 2009 RCMP Annual Report on Conducted Energy
Weapons. Retrieved August 4, 2012, from http://www.rcmp-grc.gc.ca/ccaps-spcca/cew-ai/anrep-rap-an2009/index-eng.htm
R. v. J.W [2006]. AB.P.C. 216 (Alberta Provincial Court).
R. v. Tse, [2012] SCC 16 (Supreme Court of Canada).
Stanford Criminal Justice Centre (ND). Use of tasers by law enforcement agencies: Guidelines
and recommendations. Retrieved August 4, 2012, from
www.law.stanford.edu/program/centers/scjc/library/tasers.pdf
Taser related deaths in Canada. (2011). CBC News. Retrieved August 3, 2012, from
http://www.cbc.ca/news/interactives/map-tasers-canada/
10. Domestic Violence
Belew, C. (2010). Killing one’s abuser: Premeditation, pathology, or provocation. Emory Law
Journal. 59, 770-808. Retrieved June 28, 2012, from
http://www.law.emory.edu/fileadmin/journals/elj/59/59.3/Belew.pdf
Brownridge, D. A. (2008). Understanding the elevated risk of partner violence against
Aboriginal women: A comparison of two nationally representative surveys of Canada. Journal of
Family Violence, 23(5), 353-367.
Campbell, M., Neil, J.A., Jaffe, P.G., & Kelly, T. (2010). Engaging abusive men in seeking
community intervention: A critical research & practice priority. Journal of Family Violence,
25(4), 413-422.
Canada. Parliamentary Research Branch. The battered wife defense: The Lavallee case. Morris,
C. & Pilon, M. (1992, November 5). Law and Government Division. MR-60E
Chapman, F.E. (2009). Intangible captivity: The potential for a new Canadian defense of
brainwashing and its implications for the battered woman (Excerpt). Unpublished doctoral
dissertation, York University, Toronto, Ontario, Canada.
Chesler, P. (2009). Are honor killings simply domestic violence? The Middle East Quarterly,
16(2), 61-69.
Cho, H., & Wilke, D.J. (2010). Gender differences in the nature of the intimate partner violence
and effects of perpetrator arrest on revictimization. Journal of Family Violence, 25(4), 393-400.
Copelon, R. (1994). Recognizing the egregious in the everyday: Domestic violence as torture.
Columbia Human Rights Law Review, 25, 291-367. Note: Skim last section on human rights.
Dixon, J.W. (2007). An essay on battered woman syndrome. Retrieved June 13, 2009, from
http://www.psychologyandlaw.com/BWS%20Essay%20.htm
Douglas, H., & Walsh, T. (2010). Mothers, domestic violence, and child protection. Violence
Against Women, 16(5), 489-508.
Dutton, D. (2006, June 14). Domestic violence isn’t one-sided. National Post. Retrieved June 25,
2008, from http://www.nationalpost.com/news/story.html?id=2e012098-a2f8-44a6-ad4890756f74f64a
Findlay, S. (2012, January 30). Were Shafia murders ‘honour killings’ or domestic violence? The
Toronto Star. Retrieved June 28, 2012 from http://www.thestar.com/news/article/1123403-were-shafia-murders-honour-killings-or-domestic-violence
Follingstad, D.R., Brennan, A.F., Hause, E.S., Polek, D.S., & Rutledge, L.L. (1991). Factors
moderating physical and psychological symptoms of battered women. Journal of Family
Violence, 6(1), 81-95.
Girard, A.L. (2009). Backlash or equality? The influence of men's and women's rights
discourses on domestic violence legislation in Ontario. Violence Against Women, 15(1), 5-23.
Harnett, C.E. (2008, May 9). Police want one domestic violence unit for region. Times Colonist.
Retrieved June 25, 2008, from
http://www.canada.com/victoriatimescolonist/news/story.html?id=0a840161-ceb4-483b-8890b73ad8baf308
Hutchinson, I., & Hirschel, D.J. (1994). Limitations in the pro-arrest response to spouse abuse.
Journal of Contemporary Criminal Justice, 10(3), 147-163.
Johnson, M.P. (2006). Conflict and control: Gender symmetry and asymmetry in domestic
violence. Violence Against Women, 12(11), 1003-1018.
Kasian, M., Spanos, N.P., Terrance, C.A., & Peebles, S. (1993). Battered women who kill: Jury
simulation and legal defenses. Law and Human Behavior, 17(3), 289-312.
Mann, R.M. (2008). Men’s rights and feminist advocacy in Canadian domestic violence policy
arenas. Feminist Criminology, 3(1), 44-75.
Mills, L.G. (1999). Killing her softly: Intimate violence and the violence of state intervention.
Harvard Law Review, 113(2), 550-613.
Obenauf, M. (1999). The isolation abyss: A case against mandatory prosecution. UCLA
Women’s Law Journal, 9(2), 263-300.
Poisson, J. (2012, March 1). Sentencing adjourned in brutal torture case pending doctor’s
evaluation. The Toronto Star. Retrieved June 28, 2012 from
http://www.thestar.com/news/article/1139289--sentencing-adjourned-in-brutal-torture-casepending-doctor-s-evaluation
R. v. Lavallee, [1990] 1 S.C.R. 852 (S.C.C.).
Russell, M., & Light, L. (2006). Police and victim perspectives of empowerment of domestic
violence victims. Police Quarterly, 9(4), 375-396.
Slack, C. (2012, January 25). Businessman to have cosmetic surgery to heal horrific wounds
after two years of abuse by his 5ft 1 in girlfriend. The Daily Mail. Retrieved June 28, 2012 from
http://www.dailymail.co.uk/news/article-2091255/Ian-McNicholl-needed-cosmetic-surgery-healwounds-abuse-5ft-1ins-girlfriend.html
Southworth, C., & Tucker, S. (2007). Technology, stalking and domestic violence victims.
Mississippi Law Journal, 76, 667-676.
Stark, E. (2006). Commentary on Johnson’s “Conflict and control: gender symmetry and
asymmetry in domestic violence”. Violence Against Women, 12(11), 1019-1025.
Statistics Canada. (2009). Family violence in Canada: A statistical profile. Retrieved June 28,
2012, from http://www.statcan.gc.ca/pub/85-224-x/85-224-x2010000-eng.pdf
Vickers, L. (1996). The second closet: Domestic violence in lesbian and gay relationships: A
Western Australian perspective. Murdoch University Electronic Journal of Law, 3(4). Retrieved
May 19, 2010, from http://www.murdoch.edu.au/elaw/issues/v3n4/vickers.html
World Health Organization. (2005, November 24). Landmark study on domestic violence.
Retrieved June 25, 2008, from
http://www.who.int/mediacentre/news/releases/2005/pr62/en/index.html
Additional Reading
U.S. Department of Justice. (2009, June). Practical implications of current domestic violence
research: For law enforcement, prosecutors and judges. (NCJ 225722). Washington, DC: Klein,
A.R.
11. Brainwashing
Baines, B. (2006). Equality’s nemesis? Journal of Law & Equality, 5(1), 57-80.
Bala, N., Hunt, S., & McCarney, C. (2010). Parental alienation: Canadian court cases 1989–
2008. Family Court Review, 48(1), 164-179.
Buckingham, L.B. (2007). Striking back: The tort action for spousal violence. Canadian Journal
of Family Law, 23(2), 274-313.
Chapman, F.E. (2012) Intangible captivity: The potential for a new Canadian criminal defense
for brainwashing and its implications for the battered woman. Berkeley Journal of Gender, Law
& Justice, 28:1.
Chapman, F.E. (2009). Intangible captivity: The potential for a new Canadian defense of
brainwashing and its implications for the battered woman (Excerpt). Unpublished doctoral
dissertation, York University, Toronto, Ontario, Canada.
Jaffe, P.G., Ashbourne, D., & Mamo, A.A. (2010). Early identification and prevention of parentchild alienation: A framework for balancing risks and benefits of intervention. Family Court
Review, 48(1), 136-152.
Johnston, J.R. (2003). Parental alignments and rejection: An empirical study of alienation in
children of divorce. The Journal of the American Academy of Psychiatry and the Law, 31, 158170.
Keller, T. (2010, October 28). Stalin would have been proud. National Post. Retrieved May 10,
2011, from http://leisureguy.wordpress.com/2010/11/02/a-show-trial-of-which-stalin-wouldhave-been-proud
Dark crystal: Crystal meth across Canada. (2005, July 23). CBC News: The Fifth Estate.
Retrieved June 25, 2008 from http://www.cbc.ca/fifth/darkcrystal/canada.html
Nolan, T.D. (2004). The indoctrination defense: From the Korean War to Lee Boyd Malvo.
Virginia Journal of Social Policy & the Law, 11(3), 435-465.
Raby, J., & Smith, V. ‘Beyond abuse’: U.S. man jailed for allegedly keeping wife captive,
torturing her for nearly a decade. Associated Press, Retrieved July 13, 2012 from
http://news.nationalpost.com/author/associatedpressnp/
Richardson, J.T. (1991). Cult/brainwashing cases and freedom of religion. Journal of Church and
State, 33, 55-74.
Shapiro, R.N. (1978). ˙Mind control” or intensity of faith: The constitutional protection of
religious beliefs. Harvard Civil Rights-Civil Liberties Law Review, 13, 751-797.
Singer, M.T. (1994). Thought reform exists: Organized, programmatic influence. The Cult
Observer, 11(6), 3-4. Retrieved May 12, 2010, from
http://www.factnet.org/Thought_Reform_Exists.htm
State of Nebraska v. Dennis Ryan 226 Ned. 59, 409 N.W. 2d 579 Note: This is a very graphic
case. If you do not feel that you can read this material, this is not required.
Szegedy-Maszak, M. (2003, December 14). The brainwashing defence. U.S. News & World
Report. Retrieved June 28, 2012 from
http://health.usnews.com/usnews/health/articles/031222/22malvo.htm
Warren, J.I., & Hazelwood, R.R. (2002). Relational patterns associated with sexual sadism: A
study of 20 wives and girlfriends. Journal of Family Violence, 17(1), 75-89.
Additional Readings:
Arenella, P. (1992). Convicting the mutually blameless: Reassessing the relationship between
legal and moral accountability. UCLA Law Review, 39, 1511-1622. Note: Skim this article.
12. Issues in Family Law - Polygamy
Alberta Civil Liberties Research Centre. (2005). Separate and unequal: The women and children
of polygamy. Polygamy in Canada: Legal and Social Implications for Women
and Children: A collection of Policy Research Reports. Retrieved June 28, 2012 from Status of
Women Canada: http://www.vancouversun.com/pdf/polygamy_021209.pdf (NOTE - just part of
document)
Anderson, G.M., & Tollison, R.D. (1998) Celestial marriage and earthly rents: Interests and the
prohibition of polygamy. Journal of Economic Behavior & Organization 37(2), 169-181.
Bailey M., Baines, B., Amani, B., & Kaufman, A. (2005). Expanding recognition of foreign
polygamous marriages: Policy implications for Canada. Polygamy in Canada: Legal and Social
Implications for Women and Children: A collection of Policy Research Reports. Retrieved from
Status of Women Canada: http://www.vancouversun.com/pdf/polygamy_021209.pdf (NOTE just part of document)
Bala, N. (2009). Why Canada’s prohibition of polygamy is constitutionally valid and sound
social policy. Canadian Journal of Family Law, 25(2) 165-221.
Beaman, L.G. (2004). Church, state and the legal interpretation of polygamy in Canada. Nova
Religio: The Journal of Alternative and Emergent Religions, 8(1), 20-38
Beaman, L. G. (2006). Who decides? Harm, polygamy and limits on freedom. Nova Religo: The
Journal of Alternative and Emergent Religions, 10(1), 43-51
Birnbaum, R., & Bala, N. (2012, May 25). Navigating without a lawyer. The Lawyers Weekly.
Retrieved June 28, 2012 from
http://www.lawyersweekly.ca/index.php?section=article&articleid=1667
Canada’s polygamy legislation. (2009, January 21). CBC News. Retrieved from:
http://www.cbc.ca/news/canada/story/2009/01/21/f-polygamy.html
Canada’s polygamy laws upheld by B.C. Supreme Court. (November 23, 2011). CBC News.
Retrieved from: http://www.cbc.ca/news/canada/british-columbia/story/2011/11/23/bcpolygamy-ruling-supreme-court.html
Chan, M. (2011). Beyond bountiful: Toward an intersection and postcolonial feminist
intervention in British Columbia. Review of Current Law and Law Reform, 16(1), 15-30.
Chisling, A. (2012, June 14). When Facebook and Twitter are not your friends. National
Magazine. Retrieved June 28, 2012 from http://issuu.com/avachisling/docs/june_2012-nationalfamily_law
Duncan, J. (2008). The positive effects of legalizing polygamy: Love is a many splendored thing.
Duke Journal of Gender Law & Policy, 15(1), 315-337
J.C.M. v. A.N.A., [2012] B.C.J. No. 802 (B.C. Supreme Court). Retrieved June 28, 2012 from
http://www.canlii.org/en/bc/bcsc/doc/2012/2012bcsc584/2012bcsc584.html
Jankowiak, W., Sudakov, M., & Wilreker, B. C. (2005). Co-wife conflict and co-operation.
Ethnology, 44(1), 81-98
Moulton, D. (2011, September 23). Sask. CA denies grandparents access to grandchildren. The
Lawyers Weekly. Retrieved June 28, 2012 from
http://www.basmansmith.com/rfiles/shuber_child_article.pdf
Reference re: Section 293 of the Criminal Code of Canada, 2011 BCSC 1588 (B.C. Supreme
Court). Retrieved June 28, 2012 from
http://www.canlii.org/eliisa/highlight.do?text=Bountiful+%26+polygamy&language=en&search
Title=British+Columbia&path=/en/bc/bcsc/doc/2011/2011bcsc1588/2011bcsc1588.html
Schmitz, C. (2011, September 23). Court finds surrogate mom is not child’s ‘mother.’ The
Lawyers Weekly. Retrieved June 28, 2012 from http://www.lawyersweeklydigital.com/lawyersweekly/3119?pg=2#pg2
UW/St. Jerome’s University Policy
Academic Integrity: In order to maintain a culture of academic integrity, members of the
University of Waterloo are expected to promote honesty, trust, fairness, respect and
responsibility. [Check http://www.uwaterloo.ca/academicintegrity/ for more information.]
Discipline: A student is expected to know what constitutes academic integrity, to avoid
committing academic offences, and to take responsibility for his/her actions. A student who is
unsure whether an action constitutes an offence, or who needs help in learning how to avoid
offences (e.g., plagiarism, cheating) or about “rules” for group work/collaboration should seek
guidance from the course professor, academic advisor, or the Undergraduate Associate Dean.
When misconduct has been found to have occurred, disciplinary penalties will be imposed under
Policy 71 – Student Discipline. For information on categories of offenses and types of penalties,
students should refer to Policy 71 - Student Discipline,
http://www.adm.uwaterloo.ca/infosec/Policies/policy71.htm. For typical penalties check
Guidelines for the Assessment of Penalties,
http://www.adm.uwaterloo.ca/infosec/guidelines/penaltyguidelines.htm.
Plagiarism
The Faculty of Arts defines plagiarism in the following way: According to the University's
Policy 71 (Student Discipline), plagiarism is defined as "...the act of presenting the ideas, words,
or other intellectual property of another as one's own. The use of other people's work must be
properly acknowledged and referenced in all written material....Use of [source material] without
complete and unambiguous acknowledgement...is an offence under this policy."
It is vital for students to understand that plagiarism can occur inadvertently, but that it still
constitutes an academic offence, whether intentional or not. It is therefore extremely important
for students to understand how to carry out research and provide citations in an appropriate
manner.
It is also very important to understand that plagiarism is not an offence limited to the world of
academia. Theft of intellectual property and violation of copyright are offences in the "real
world" too, offences that can and do result in lawsuits.
Categories of Written Offences other than Plagiarism:
Submission of work not written and prepared by you, including (but not limited to):
* Copying or stealing the work of another student
* Paying for the creation of work by a commercial service or by an acquaintance to be submitted
by you
* Acceptance of such service for free
* Purchasing already existing written work
* Using an essay for submission by you which was found on one of the free Internet essay sites
* Writing a paper for course submission by another student
* Excessive unauthorized collaboration with another student(s)
* Submitting the same paper to more than one course without the permission of all instructors
Types and varieties of plagiarism include (but are not necessarily limited to) the following:
* Word-for-word use of part or all of any written work (print or electronic) without quotation
marks and/or without citation of the source (footnotes, endnotes, or parenthetic citations) and/or
without a complete bibliography.
* Word-for-word use of text spans (phrases, sentences, paragraphs, longer segments) patched
together from two or more sources without quotation marks and/or without citation of the source
and/or without a complete bibliography.
* Word-for-word use of primary source materials without quotation marks and/or without
citation of the source and/or without a complete bibliography.
* Word-for-word use of source materials with some text enclosed by quotation marks and
provided with citations, but with other text not identified as quoted, and/or not cited, and/or
without a complete bibliography.
* Combination of word-for-word use of sources with close paraphrases of source texts, with
accurate use of quotation marks and citations (note or parenthetic) to identify word-for-word use,
but without citations to identify paraphrases and summaries, and/or without a complete
bibliography.
* Completely paraphrased material without complete citations and/or without a complete
bibliography.
* Giving a citation for only the first or last sentence in a paragraph, even though the rest of the
paragraph also contains material in need of direct attribution.
In general: A complete and accurate bibliography constitutes only one part of the fulfillment of
the requirement for complete and unambiguous acknowledgement of sources. A very large
proportion of plagiarized papers do have perfectly or nearly adequate bibliographies. If the
paper's reader has to go to (or hunt for), and has to look directly at, the text of the source in order
to identify where the student's own thoughts and words end and the source's thoughts and words
begin, then the paper is plagiarized.
If the writer of the paper does not include utterly explicit, direct, and complete indications of
where the writer ends and the source begins ( through accurate citations in notes or parentheses
and through quotation marks wherever called for), then the paper is plagiarized. If the
footnotes/endnotes/parenthetic citations do not fully clarify the nature and the extent of the use of
the source material, then the paper is plagiarized.
Commonly heard but unacceptable defenses of plagiarism
"As an undergraduate student, I am just starting to learn about a particular subject. I wouldn't
necessarily know enough about it to come up with original ideas, so I copied everything from
books and web sites. How is that plagiarism?"
Plagiarism doesn't lie in the use of other people's words and ideas per se; it lies in not
acknowledging your use of them appropriately.
"If I'm working with source material which was specified and required by the assignment, or was
written by the course professor, I don't have to give citations/use quotation marks. The professor
already knows what the source material is."
No. The professor's knowledge in no way eliminates the student's responsibilities towards the
source material.
"I took this material from the course text - it doesn't need to be cited the way you have to cite
other sources."
No. All works must be appropriately acknowledged, no matter where they come from.
"I've included a bibliography. That covers me, and I haven't committed plagiarism. I'm not
required to do anything more than that. If for some reason the professor really wants to know
how I used my sources, then s/he can use my bibliography entries to check things out."
No. The student's responsibilities toward the source material have not been fulfilled unless, in
addition to the List of Works Cited (bibliography), s/he has also provided entirely complete
attributions (citations and, where needed, quotation marks) of each and every quotation,
paraphrase, summary, and allusion to words, ideas, thoughts, and other intellectual property of
all sources.
"The paper I presented was just a preliminary draft, so it didn't need to include any source
information or footnotes. That's not necessary until the final draft."
Incorrect. No matter what the stage of preparation, the work which you submit or present must
provide a faithful record of all source usage.
"The assignment asked for an entertaining presentation. If it's supposed to be entertaining, then
it's not serious, and if it's not serious, it doesn't need to have source information included."
Wrong. Comedy constitutes intellectual property too. All ideas, thoughts, and intellectual
properties of other people are equally covered by the requirements of responsible source usage.
If you find a joke web site and use its material in your course assignment, you must give
adequate citation to the web site.
"The charts/statistics/images I put in my paper aren't covered by rules of copyright - the only
stuff I need to give citations for is written material."
Wrong. Whatever the type of research material you use in an assignment, you are responsible for
its appropriate citation (see further below).
"I don't have to give citations if I'm using entirely my own words to summarize or to paraphrase
points made by the source."
Incorrect. It is not merely the specific words of the source which demand responsible citation.
The ideas and thoughts - the intellectual property in general - of the source also, and equally,
demand responsible citation.
"I gave every citation that was called for - my paper is full of footnotes. I don't need quotation
marks."
Wrong. Whenever you use the direct words and phrases employed by the source author, you
have to give recognition to this with quotation marks. Otherwise, you may not be committing
theft of ideas, but you are committing theft of expression.
"My friend who typed/did the inputting of the paper for me forgot to include the quotation marks
and/or footnotes. This isn't plagiarism because I'm not responsible for my friend's errors."
Sorry. The person who submits the work bears direct responsibility for it in all of its aspects.
"When I write my papers, I put in all the source materials first, and then I go back over the paper
and add the citations and put in the quotation marks and/or put the passages into my own words.
I just forgot to do that this time/I just missed a few passages/I accidentally submitted a
preliminary draft that I hadn't added the citations to - I shouldn't be blamed for that."
Wrong. Not only do you bear the responsibility for whatever you submit - in whatever stage of
preparation - you are also using a very dangerous methodology, since you always run the risk of
missing one or more passages that should have citations. Always enter the citation/quotation
marks as soon as you enter the passage in your paper.
"I found one of the sources I used on a web site. There was no author listed, so I don't need to
give a citation; and anyway, I don't know how to cite web material."
Wrong. No matter what kind of source you use, where it comes from, or whatever difficulty you
may encounter in finding full information about it, you must give appropriate recognition to it.
There are style guides available to give you guidance in citing web material.
"I've lost some/all of my research notes for the paper, so I can't say where everything comes
from; but I haven't committed plagiarism because all the stuff was there in my research notes."
Sorry. The source information must be in the paper and must be submitted with the paper.
"I copied some material from a source into the page margins of the course textbook. Then I
forgot that it came from a source. After that I put it into something I submitted for the course. I
didn't really mean to be misleading."
Sorry. Careless study habits and practices can get you into trouble. You do bear responsibility for
what you write and what you submit.
"I can't be guilty of plagiarism, because this is the way I've always written my papers, in high
school and/or in my other university courses, and no one ever told me there was anything wrong
with it."
Sorry. The fact that earlier instructors failed to detect or correct what you were doing doesn't
mean that it wasn't/isn't plagiarism.
"This can't be counted as plagiarism because I didn't have an intention to be dishonest/because I
didn't know it was plagiarism."
Sorry. The mistake is there, whether or not there was an actual intention to deceive. When
relevant, however, the issue of levels of intent may be taken into account in the rendering of a
disciplinary decision.
"This can't be plagiarism because I know I'm not the type to do that/I didn't pay any attention to
what the instructor or course outline said about plagiarism because I didn't need to since I knew
that it didn't apply to me/you can't penalize me for plagiarism because I'm just not that type of
person."
Sorry. Everyone is capable of making mistakes. No one is immune. Very good people do make
mistakes. In nearly every instance, however, a UW undergraduate student who commits a first
academic offence is granted the opportunity of a second chance. Most students who commit a
first offence never commit another one. You learn from the mistake, and then you go on. A very
large proportion of undergraduate students who have had disciplinary judgments do later attain
honourable graduation from UW.
Academic Integrity: In order to maintain a culture of academic integrity, members of the
University of Waterloo are expected to promote honesty, trust, fairness, respect and
responsibility. [Check <http://www.uwaterloo.ca/academicintegrity/> for more information.]
Discipline: A student is expected to know what constitutes academic integrity, to avoid
committing academic offences, and to take responsibility for his/her actions. A student who is
unsure whether an action constitutes an offence, or who needs help in learning how to avoid
offences (e.g., plagiarism, cheating) or about "rules" for group work/collaboration should seek
guidance from the course professor, academic advisor, or the Undergraduate Associate Dean.
When misconduct has been found to have occurred, disciplinary penalties will be imposed under
Policy 71 - Student Discipline. For information on categories of offenses and types of penalties,
students should refer to Policy 71 - Student Discipline,
<http://www.adm.uwaterloo.ca/infosec/Policies/policy71.htm>
For typical penalties check Guidelines for the Assessment of Penalties,
<http://www.adm.uwaterloo.ca/infosec/guidelines/penaltyguidelines.htm>
Grievance: A student who believes that a decision affecting some aspect of his/her university life
has been unfair or unreasonable may have grounds for initiating a grievance. Read Policy
70 - Student Petitions and Grievances, Section 4,
<http://www.adm.uwaterloo.ca/infosec/Policies/policy70.htm>
When in doubt please be certain to contact the department's administrative assistant who will
provide further assistance.
Appeals: A student may appeal the finding and/or penalty in a decision made under Policy 70 Student Petitions and Grievances (other than regarding a
petition) or Policy 71 - Student Discipline if a ground for an appeal can be established. Read
Policy 72 - Student Appeals, <http://www.adm.uwaterloo.ca/infosec/Policies/policy72.htm>
Academic Integrity website (Arts):
<http://arts.uwaterloo.ca/arts/ugrad/academic_responsibility.html> Academic Integrity Office
(UW): <http://uwaterloo.ca/academicintegrity/>
Accommodation for Students with Disabilities:
Note for students with disabilities: The Office for Persons with Disabilities (OPD), located in
Needles Hall, Room 1132, collaborates with all academic departments to arrange appropriate
accommodations for students with disabilities without compromising the academic integrity of
the curriculum. If you require academic accommodations to lessen the impact of your disability,
please register with the OPD at the beginning of each academic term.
POLICY REGARDING ILLNESS AND MISSED TESTS
The University of Waterloo Examination Regulations
(www.registrar.uwaterloo.ca/exams/ExamRegs.pdf) state that:
* A medical certificate presented in support of an official petition for relief from normal
academic requirements must provide all of the information requested on the “University of
Waterloo Verification of Illness” form or it will not be accepted. This form can be obtained from
Health Services or at www.healthservices.uwaterloo.ca/Health_Services/verification.html.
* If a student has a test/examination deferred with medical evidence, he/she normally will write
the test/examination at a mutually convenient time, to be determined by the course instructor.
* If a student misses an exam you must contact the instructor within 8 hours of the exam to let
me know that you have an acceptable medical reason for missing the test, or you will not be able
to re-write.
* If a re-write is scheduled and you do not attend, you will not be given another chance.
* A student must also advise the instructor if they wish to hand in an assignment late. Penalties
will be given to the assignment at a rate of 5% per day.
* Please advise if you intent to hand in an assignment late.
* The University acknowledges that, because of the pluralistic nature of the University
community, some students may on religious grounds require alternative times to write tests and
examinations.
* Elective arrangements (such as travel plans) are not considered acceptable grounds for granting
an alternative examination time.
Please note that you are to maintain integrity in your work. Any questionable research methods
or unethical collection of information will result in an automatic failing grade and will be
referred to the Associate Dean for investigation.
Unclaimed Assignments
Unclaimed assignments will be retained for one year. After that time, they will be destroyed in
compliance with UW’s confidential shredding procedures.
Return of Papers
I leave papers with Professor Chapman at the beginning of the next semester – you may
retrieve them from her office.