ST. JEROME'S UNIVERSITY
UNIVERSITY OF WATERLOO
LEGAL STUDIES 402 – SECTION 001
SENIOR HONOURS SEMINAR IN LEGAL STUDIES
1:00-2:50 Tuesdays
Fall 2013
Course Instructor
Alessandra Prioreschi B.A. (Hons.) (University of Waterloo, English Literature and Psychology) M.A.
(University of Waterloo, English Literature), J.D. (University of Toronto), LL.M. (Osgoode Hall, York
University, Taxation and Alternative Dispute Resolution - in progress).
Room STJ 1005 St. Jerome's University
Office Hours: by appointment on Tuesdays
aprioreschi@teclaw.ca – this is my preferred method of communication. PLEASE DO NOT email me
through ACE
E-mail will be answered within 24 hours of receipt.
You are welcome to speak to me before or after class or make 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 number in the subject heading so
that it is not mistakenly identified as SPAM. 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 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 aprioreschi@teclaw.ca
Before you e-mail me with a question, read the entire course outline to see if your inquiry
is already addressed.
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.
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Course Requirements
Participation
Essay Requirement
Value 40%
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
September 10, 2013
September 17, 2013
September 24, 2013
October 1, 2013
October 8, 2013
October 15, 2013
October 22, 2013
October 29, 2013
November 5, 2013
November 12, 2013
November 19, 2013
November 26, 2013
Introduction to Course Requirements – (Essay Writing)
Prostitution and the Law
Human Trafficking
Abortion and the Law
Capital Punishment and the Law
Corporal Punishment and the Law
Issues in Civil Litigation – 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.
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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 e-mail. I will be sending out a class e-mail list in the first week.
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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 November 26, 2013 - 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 no later than November
5, 2013. It is recommended that you take advantage of this opportunity.
The essay should be 15 pages double-spaced with approximately 15 references. The essay
should briefly summarize the topic, explain the key legal issues, relevant history, philosophy
and other disciplines involved, and it is 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, and 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. Essays that do not conform will be returned
ungraded. Rewrites are subject to penalties.
Essays should be well written and fully documented. Please do not write substantially over or
under the 15-page limit (essays must be at least 14 pages long). Essays that do not conform
to these instructions will be returned ungraded. All rewrites are subject to penalties. 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. N.B.: 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. 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
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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 the original source. If it is not
available, use a footnote to let me know that your source is citing another author.
Alternatively, you are also permitted to use the McGill Guide of legal citation that is used in
law school. If you would like to use this style, please see me for guidance.
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 including the 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 and enclose your quote in
quotation marks. Failure to cite properly may constitute a plagiarism offense. 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.
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). Then you would go on to explain
that quote and why it is important to your essay.
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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. Avoid colloquial phrases such as “he got 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 of 5% per business day. You may
hand in your paper and assignments to 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.
1
Patricia Pearson, When She was Bad: Violent Women and the Myth of Innocence (Toronto:
Random House, 1997) at 179-80.
2
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].
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].
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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 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 with lengthy quotations. For example, if you are
citing a long section of legislation refer to it in your essay, including “(please see Appendix
A)”, and reproduce the legislation in the noted 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 speak with you 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.
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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
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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/csc-scc/en/index.html
The United Nations
http://www.un.org
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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/
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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/
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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/
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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.
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1. Introduction
Introduction to the requirements of this course, administrative matters, and review of film on
racial profiling
No required readings
2. Prostitution and the Law
Benedet, J. (2009, October 6). Legalization wouldn't make prostitutes safe. The Globe and
Mail.
Retrieved
June
28,
2010,
from
http://www.theglobeandmail.com/news/opinions/legalization-wouldnt-makeprostitutes-safe/article1314273/
Canada. Library of Parliament. Parliamentary Information and Research Service. Prostitution
in Canada: International obligations, federal law, and provincial and municipal
jurisdiction by Laura Barnett. Rev. Ed. Ottawa: Law and Government Division, 2008.
PRB
03-30E.
Retrieved
June
10,
2009,
from
http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0330-e.htm
Canada. Parliament. House of Commons. Subcommittee on solicitation laws of the standing
committee on justice, human rights, public safety and emergency preparedness. 38th
Parliament. Evidence. (February 21, 2005). 1st Session. (Online). Retrieved June 10,
2009,
from
http://cmte.parl.gc.ca/Content/HOC/Committee/381/SSLR/Evidence/EV1823237/SSLRE
V28-E.PDF
Canadian HIV/AIDS Legal Network. (2005). Sex, work, rights: Reforming Canadian criminal
laws on prostitution. Retrieved March 20, 2010, from
http://www.aidslaw.ca/publications/interfaces/downloadFile.php?ref=203
Criminal Code of Canada. Procuring. Sec. 212.
Criminal Code of Canada. Offences in Relation to Prostitution. Sec. 213.
Doll, C. (2007, January 29). Legal tricks: Legalized prostitution is promoted as a women’s
rights issue, but it simply legitimizes sexual abuse. Western Standard, p. 19.
Farley, M. (2004). Bad for the body, bad for the heart: Prostitution harms women even if
legalized or decriminalized. Violence Against Women, 10(10), 1087-1125.
Fayerman, P. (2009, March 5). One-quarter of Vancouver’s female sex trade workers infected
with
HIV.
Vancouver
Sun.
Retrieved
June
10,
2009,
from
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http://www.walnet.org/csis/news/vancouver_2009/vansun-090305.html
Jeffrey, L.A., & Sullivan, B. (2009). Canadian sex work policy for the 21st century: Enhancing
rights and safety, lessons from Australia. Canadian Political Science Review, 3(1), 5776.
Jeffreys, S. (2010). “Brothels without walls”: The escort sector as a problem for the
legalization of prostitution. Social Politics, 17(2), 210-234.
Lewis, J., & Maticka-Tyndale, E. (2000). Licensing sex work: Public policy and women’s
lives. Canadian Public Policy, 26(4), 437-449.
Lowman, J. (2005, February 21). Submission to the subcommittee on solicitation laws of the
standing committee on justice, human rights, public safety and emergency preparedness,
pp. 1-14. House of Commons. Retrieved July 10, 2008, from
http://cmte.parl.gc.ca/Content/HOC/Committee/381/SSLR/Evidence/EV1654039/SSLRE
V09-E.PDF
Nedelsky, Jennifer (1997). “Embodied Diversity and the Challenges to Law.” McGill Law
Journal, 42, 91-117.
New sex-trafficking law in New York clears prostitute’s record (2011, September 22). Los
Angeles Times. Retrieved June 27, 2012 from
http://latimesblogs.latimes.com/nationnow/2011/09/sex-trafficking-law-new-yorkprostitutes.html
Prostitution laws struck down by Ont. court. (2010, September 28). CBC Archives, Retrieved
May 10, 2011, from http://www.cbc.ca/canada/windsor/story/2010/09/28/prostitutionlaw028.html
R. v. Bedford, [2010]1 O.N.S.C 4264 from
http://www.canlii.org/en/on/onsc/doc/2010/2010onsc4264/2010onsc4264.html
R. v. Gain, [2005] BCSC 413 (British Columbia Supreme Court).
Reitz, S. (2010, December 21). Craigslist Removes Adult Services Listings Globally, Months
After Cutting Them From US Sites. Associated Press, Retrieved from
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Roberts, S. (2010, May 10). Australian filmmaker takes 'virgin auction' reality show to Las
Vegas after threats from government. Daily News. Retrieved August 15, 2010, from
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Singh, S.M.H. (2007). The Predator Accountability Act: Empowering women in prostitution to
pursue their own justice. Depaul Law Review, 56, 1036-1064.
Sleeth, N. (2010). Female prostitution: A male crime. Unpublished essay.
Svekla, Thomas. (2008, May 28). Edmonton’s missing and slain women. CBC News.
Retrieved June 27, 2012 from http://www.cbc.ca/news/background/svekla-thomas/
Weitzer, R. (2009). Legalizing prostitution: Morality politics in western Australia. British
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Westerhoff, N. (2008, December 3). Why do men buy sex? Scientific American Mind.
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Williamson, C., & Cluse-Tolar, T. (2002). Pimp-controlled prostitution: Still an integral part of
street life. Violence Against Women, 8(9), 1074-1092.
Wortley, S., Fischer, B., & Webster, C. (2002). Vice lessons: A survey of prostitution
offenders enrolled in the Toronto John School Diversion Program. Canadian Journal of
Criminology, 44(4), 369-402.
Young, A. (2008). The state is still in the bedrooms of the nation: The control and regulation of
sexuality in Canadian criminal law. The Canadian Journal of Human Sexuality, 17(4),
203-220.
3. Human Trafficking
Bill C-268: An Act to amend the Criminal Code. (2009). 1st reading January 29, 2009, 40th
Parliament, 2nd Session. Ottawa: Public Works and Government Services Canada.
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Butcher, K. (2003). Confusion between prostitution and sex trafficking. The Lancet. Retrieved
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Canada v. Ward. 1993 2 S.C.R. 689 (Supreme Court of Canada).
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February). Turning outrage into action to address trafficking for the purpose of sexual
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Canada. Parliement. Senate Committee on Human Rights. (2008, May). Proceedings of the
Standing Senate Committee on Human Rights. Ottawa. Retrieved July 14, 2009, from
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Child trafficking bill overcomes final hurdle to become law. (2010, June 18). Canadian
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practices for prevention of prostitution and trafficking in human beings. Violence
Against Women, 10(10), 1187-1218.
Gajic-Veljanoski, O. & Stewart, D.E. (2007). Women trafficked into prostitution:
Determinants, human rights and health needs. Transcultural psychiatry, 44(3), 338-358.
Hamel, J. (2009). International Trafficking in Canada: A Rights-Based Person-Centered
Perspective. University of British Columbia. Retrieved November 15th, 2011 from
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Keller, J. (2008, October 28). 31 Cases of Human Trafficking, Not One Conviction. The Star.
Retrieved from http://www.thestar.com/News/Canada/article/526305
Lajeunesse, W. (2009, September 1). U.S. Pedophile nabbed in Cambodia sex-tourist sting.
Fox News. Retrieved April 29, 2010, from
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Lusk, M. & Lucas, F. (2009). The challenge of human trafficking and contemporary slavery.
Journal of Comparative Social Welfare, 25(1), 49-57.
Perrin, B. (2009, March 12). Bill C-268: Minimum sentences for child traffickers needed.
Alberta Law Review Online Supplement. Retrieved June 10, 2009, from
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Vancouver. Retrieved July 9, 2009, from
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R. v. Ng. 2007 BCJ 1388. BCPC 204. (British Columbia Provincial Court).
R. v. Imani Nakpangi. 2008 Brampton AG 0087.
17
Remedying the injustices of human trafficking. (2006). Harvard Law Review, 119(8), 25742595. Note: Available on paper reserve only
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Sethi, A. (2007). Domestic sex trafficking of Aboriginal girls in Canada: Issues and
implications. First Peoples Child & Family Review, 3(3), 57-71.
U.S. Department of State. (2010). Trafficking in persons report 2010. Retrieved July 14, 2010,
from http://www.state.gov/j/tip/rls/tiprpt/2010/142759.htm Note: Read only the
section on Canada.
4. Abortion and the Law
Albert, R. (2005). Protest, proportionality, and the politics of privacy: Mediating the tension
between the right of access to abortion clinics and the free religious expression in Canada
and the United States. Loyola of Los Angeles International and Comparative Law
Review, 27(1), 1-62.
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Reproduction Health Matters, 10(19), 31-44.
Canada. House of Commons. (2007). Bill C-484. 39th Parliament, 2nd Session. Second
Reading and Referral to Committee (March 5, 2008)
http://www.parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=309746
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Clark, C. (2010, April 27). Canada’s abortion stance worries world aid groups. The Globe and
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Cohen, S.A. (2006). Abortion and mental health: Myths and realities. Guttmacher Policy
Review, 9(3), 8-11, 16
Downie, J. & Nassar, C. (2007). Barriers to access to abortion through a legal lens. Health Law
Journal, 15, 143- 173.
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Canada. Emory Law Journal, 56(4), 1093-1155.
Ertelt, S. (2012, June 20). House Panel Approves Bill Banning D.C. Abortion Funding. (2012).
LifeNews.com.
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D., & Gunter, J. (2005). Characteristics of women undergoing repeat induced abortion.
CMAJ, 172(5), 637-641.
Gerber, P. (2007). Late-term abortion: What can be learned from Royal Women’s Hospital v
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(2006). Unsafe abortion: The preventable pandemic. Lancet, 368, 1908-1919.
Hunter, I. (2008, July 2). Ian Hunter on Henry Morgentaler’s Order of Canada: A symbol of
moral decay. National Post. Retrieved July 31, 2008, from
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Kenny, A. (2008). The beginning of individual human life. Daedalus, 137(1), 15-22.
Lugosi, C. (2001). The law of the sacred cow: Sacrificing the first amendment to defend
abortion on demand. Denver University Law Review, 79(1), 91-135.
Mandak, J. (2010, March 29). Boy, 12, to stand trial in US as adult in shotgun death of dad's
pregnant fiancee, her fetus. The Associated Press. Retrieved April 21, 2010, from
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N.R. 1 449, 2 C.R. (3rd) 1, 31 C.R.R.
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5. Capital Punishment & Extradition
Bennett, B. (2006, November 12). The secrets of Iraq’s death row. Time. Retrieved July 31,
2009, from http://www.time.com/time/magazine/article/0,9171,1558285,00.html
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Retrieved June 26, 2012 from http://www.amnesty.org/en/library/info/ACT51/002/2007
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penalty. Fordham Law Review, 76(1), 49-128.
Dobner, J. (2010, June 18). Utah firing squad executes convicted killer. The Associated Press.
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20
Georgia executes Troy Davis. (2011, September 21). CBC News. Retrieved July 25, 2012
from
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Harvie, R., & Foster, H. (2005). Shocks and balances: United States v. Burns, fine-tuning
Canadian extradition law and the future of the death penalty. Gonzaga Law Review,
40(2), 293-327.
Jiang, S., Lambert, E.G., & Wang, J. (2007). Capital punishment views in China and the
United States: A preliminary study among college students. International Journal of
Offender Therapy and Comparative Criminology, 51(1), 84-97.
Kaufman-Osborn, T.V. (2006). A critique of contemporary death penalty abolitionism.
Punishment & Society, 8(3), 365-383.
Keane, M. (2008). The ethical “elephant” in the death penalty “room”. The American Journal
of Bioethics, 8(10), 45-50.
Land, K.C., Teske, R.H.C., & Zheng, H. (2009). The short-term effects of executions on
homicides: Deterrence, displacement, or both? Criminology, 47(4), 1009-1043.
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Ohio execution fails after 18 attempts to puncture inmate’s veins. ABC News. Retrieved July
26, 2012 from http://abcnews.go.com/Politics/US/convicted-killer-romell-broomappeals-state-federal-court/story?id=8613608
Purdy, C. (2012, May 8). Lawyer seeks Ottawa’s support for man on Indiana’s death row. The
Globe and Mail. Retrieved June 29, 2012, from
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Review of Sociology, 26, 43-61.
Sarkar, S.P. (2007). Too young to kill? U.S. Supreme Court treads a dangerous path in Roper
v. Simmons. Journal of American Academy of Psychiatry Law, 35(3), 304-372.
Singapore hangs smuggler. (2005, December 12). The New York Times, pp. A4
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Totenberg, Nina.
(2008, January 7).
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6. Corporal Punishment
American Civil Liberties Union. (2009, August 11). Impairing education: Corporal punishment
of students with disabilities in US public schools. VII. Impact of corporal punishment.
Retrieved July 14, 2010, from http://www.aclu.org/human-rights/impairing-educationcorporal-punishment-students-disabilities-us-public-schools
Note: Read only section VII, and other sections for interest only
Baklinski, T.M. (2010, January 5). Study: Young children who are spanked are happier and
more successful as teenagers. LifeSiteNews.com. Retrieved June 24, 2010, from
http://www.lifesitenews.com/ldn/2010/jan/10010507.html
Bernstein, M.M. (2006). The decision of the Supreme Court of Canada upholding the
constitutionality of Section 43 of the Criminal Code of Canada: What this decision means
to the child welfare sector. Family Court Review, 44(1), 104-118.
Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General), 2004
SCC 4, [2004] 1 S.C.R. 76 (Supreme Court of Canada).
CBC News. (2012, August 26). Spanking court case sparks call for more education. CBC
News. Retrieved July 2, 2012, from http://www.cbc.ca/news/canada/newbrunswick/story/2012/04/25/nb-spanking-punishement-education.html
Clarke, M. (2008). Nobody deserves a good spanking. U.S. Catholic, 73(6), 23-27.
Eckholm, E. (2011. November 6). Preaching virtue of spanking, even as deaths fuel debate.
The New York Times. Retrieved July 1, 2012, from
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Farrel, C. (2009). The Canadian prison strap. World Corporal Punishment Research. Retrieved
July 14, 2010, from http://www.corpun.com/canada.htm
Farrel, C. (2010, May). Corporal punishment in US schools. World Corporal Punishment
Research. Retrieved June 24, 2010, from http://www.corpun.com/counuss.htm
Gershoft, E.T., & Bitensky, S.H. (2007). The case against corporal punishment of children:
Converging evidence from social science research and international human rights law and
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Summary of the legal status of corporal punishment of children. Retrieved July 5, 2008,
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Johnston, M. (2012, April 2). More parents rule out smacking children. NZ Herald. Retrieved
June 29, 2012, from
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Mosoff, J., & Grant, I. (2005). Upholding corporal punishment: For whose benefit? Manitoba
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Rebellon, C. J., & Van Gundy, K. (2003). Can control theory explain the link between parental
physical abuse and delinquency? A longitudinal analysis. Journal of Research in Crime
and Delinquency, 42(3), 247-274.
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77-88.
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Straus, M.A. & Yodanis, C.L. (1996). Corporal punishment in adolescence and physical
assaults on spouses in later life: What accounts for the link? Journal of Marriage and
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Vittrup, B., & Holden, G.W. (2010). Children’s assessments of corporal punishment and other
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7. Issues in Civil Litigation
Adjin-Tettey, Elizabeth, & Kodar, Freya. (2010-2011) Improving the Potential of Tort
Law for Redressing Historical Abuse Claims: The Need for a Contextualized
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Hunt, Chris D.L. Conceptualizing Privacy and Elucidating its Importance: Foundational
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Income Tax Act, R.S.C. 1985 c.1 (5th Supplement), s. 69 (1); 160 (1); 248 (1); 251 (1).
Larocque, François . Recent Developments in Transnational Human Rights Litigation: A
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Mohammed, Emir A. C. Food for tort: giving the casino some consideration, a continued
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8. Impaired Driving and the Law
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Bill C-2: An Act to amend the Criminal Code and to Make Consequential Amendments to
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Childs v. Desormeaux. U.B.C Law Review, 39, 371-388.
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McCarthy, D.M., Lynch, A.M., & Pedersen, S.L. (2007). Driving after use of alcohol and
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Costs due to Selected Interventions in Canada. International Journal of Drug Policy, 22,
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R. v. Du Jardin, 2008 OJ No. 3566 (Ontario Superior Court of Justice).
26
R. v. Gibson, 2008 SCC 16 (Supreme Court of Canada.)
R. v. LeGrow, 2007 NSCA 74 (Nova Scotia Court of Appeal).
Sitler, M. (2010, April 7). Lake joseph club fined $62,500 in fatal accident. The Star. Retrieved
June 29, 2012, from http://www.thestar.com/news/article/791489--lake-joseph-club-fined62-500-in-fatal-accident
Solomon, R., Chamberlain, E., & Chiodo, S. (2009). Random breath testing (RBT): A review of
the evidence. London, Ontario: University of Western Ontario. Retrieved July 22, 2010,
from
http://www.madd.ca/english/research/Random%20breath%20testing%20in%20perspective
%20-July%202009.pdf
Timms, S. (2003). Social host liability. Canada Safety Council. Retrieved July 15, 2010, from
http://canadasafetycouncil.org/node/875
Toronto bus driver charged with impairment. (2010, May 13). CBC News. Retrieved July 14,
2010, from http://www.cbc.ca/canada/toronto/story/2010/05/13/ttc-arrest.html
Weismiller, B. (2012, June 30). Starting July 1, drunk drivers will have licences suspended
indefinitely.
Calgary
Herald.
Retrieved
July
2,
2012,
from
http://www.calgaryherald.com/news/Starting+July+drunk+drivers+will+have+licences+su
spended/6867762/story.html
What is drugged driving? (2009, October). The National Institute on Drug Abuse. Retrieved
July 15, 2010, from http://www.drugabuse.gov/Infofacts/driving.html
9. Violent Offenders, Mental Disorder and the Law
Anand, S. (2010). Rationalizing infanticide: A medico-legal assessment of the criminal code’s
child homicide offence. Alberta Law Review, 47, 705-728.
Annas, G. J. (2004). Forcible medication for courtroom competence: The case of Charles Sell.
The New England Journal of Medicine, 350(22), 2297-2301.
Borum, R., & Fulero, S.M. (1999). Empirical research on the insanity defence and attempted
reforms: Evidence toward informed policy. Law and Human Behavior, 23(3), 117-135.
Canada. Province of Manitoba. Review board. Retrieved April 21, 2010, from
http://www.cbc.ca/news/pdf/review-board-disposition-reasons-vince-li.pdf
27
Canadian Mental Health Association, Police and Mental Illness. Retrieved June 27, 2012 from
http://www.ontario.cmha.ca/justice.asp?cID=5441
Criminal Code of Canada. (2005). Section 16: Defence of Mental Disorder; Section 672.11
Fitness to Stand Trial: Assessment Orders; & Section 753.1(2) Application for Finding
that an Offender is a Dangerous Offender.
Forcible medication: A new insanity defence. (2003, March 1). The Economist, 366(8313), 31.
Hartwell, S. (2004). Triple stigma: Persons with mental illness and substance abuse problems
in the criminal justice system. Criminal Justice Policy Review, 15(1), 84-99.
Laplante, J. (2008) Playing Hardball with Repeat Offenders: Some Thoughts on the “ThreeStrikes” Reverse Onus Dangerous Offender Law. Manitoba Law Journal, 32, 65-112.
Luther, G., & Mela, M. (2006). The top ten issues in law and psychiatry. Saskatchewan Law
Review. 69, 401-440.
Melville, J.D., & Naimark, D. (2002). Punishing the insane: The verdict of guilty but mentally
ill. Journal of American Academy of Psychiatry and the Law, 30(4), 533-555. – Mehrnaz
– can you see if there is something more recent on guilty but mentally ill in the US?
Patton, L. (2004). Providing services to clients with serious mental illnesses. Journal of Law
and Social Policy, 19, 18-31.
Psychiatric Patient Advocate Office. (2009, January). Fitness to stand trial assessments and
treatment orders. Retrieved April 29, 2009, from
http://www.sse.gov.on.ca/mohltc/ppao/en/Pages/InfoGuides/CriminalCodeAdmissions_B
.aspx?openMenu=smenu_CriminalCodeAdm
R. v. Schoenborn, 2010 BCSC 40 (British Columbia Supreme Court).
Robbins, P.C., Monahan, J., & Silver, E. (2003). Mental disorder, violence, and gender. Law
and Human Behavior, 27(6), 561-571.
Saunders, D. (2002, March 5). Inside a mother’s mind: Lawyers argue over whether chemistry
or religion fervour caused Yates to kill. Globe & Mail.
Silver, E. (2006). Understanding the relationship between mental disorder and violence: The
need for a criminological perspective. Law and Human Behaviour, 30(6), 685-706.
Sims, G.L. (2009). The criminalization of mental illness: How theoretical failures create real
28
problems in the criminal justice system. Vanderbilt Law Review, 62, 1053-1083.
Sirotich, F. (2008). Correlates of crime and violence among persons with mental disorder: An
evidence- based review. Brief Treatment and Crisis Intervention, 8(2), 171-194.
Spinelli, M.G. (2004). Maternal infanticide associated with mental illness: Prevention and the
promise of saved lives. American Journal of Psychiatry, 161(9), 1548-1557.
Strack, K.M., Deal, W.P., & Schulenberg, S.E. (2007). Coercion and empowerment in the
treatment of individuals with serious mental illness: A preliminary investigation.
Psychological Services, 4(2), 96-106.
Szigeti, Anita. (2012, June 8) Jail is no place for the mentally unfit. Lawyers Weekly,
Accessed June 27, 2012 from http://www.lawyersweeklydigital.com/lawyersweekly/3206?pg=6#pg6
Vess, J. (2008). Sex offender risk assessment: Consideration of human rights in community
protection legislation. Legal and Criminological Psychology, 13, 245-256.
Yessine, A.K., & Bonta, J. (2006). Tracking high-risk, violent offenders: An examination of
the national flagging system. Canadian Journal of Criminology and Criminal Justice,
48(4), 573- 607.
Zolnierek, C.D. (2007). Coercion and the mentally ill: Ethical perspectives. Journal of the
American Psychiatric Nurses Association, 13, 101-108.
10. Euthanasia and the Law
2008 Summary of Oregon’s Death with Dignity Act. Retrieved July 31, 2009, from
http://oregon.gov/DHS/ph/pas/docs/year11.pdf
Bailey, R. (2010, September). The case of Dr. Anna Pou – physician liability in emergency
situations. Virtual Mentor. 12(9), 726-730.
http://virtualmentor.ama-assn.org/2010/09/hlaw1-1009.html
Bollman, C. (2010). A dignified death? Don’t forget about the physically disabled and those
not
terminally ill: An analysis of physician-assisted suicide laws. Southern Illinois
University Law Journal, 34, n.p.
Browne, A. (2001). Robert & Tracy Latimer. Health Ethics Today, 12(1).
Buiting, H., van Delden, J., Onwuteaka-Philipsen, B., Rietjens, J., Rurup, M., van Tol, D.,
Gevers, J. et al. (2009). Reporting of euthanasia and physician-assisted suicide in the
29
Netherlands: descriptive study. BMC Medical Ethics, 10, n.p.
Cleary, C. (2010). From "personal autonomy" to "death-on-demand": Will Purdy v. DPP
legalize assisted suicide in the United Kingdom? Boston College International and
Comparative Law Review, 33(2):289-304
Compassion & Choices. (2009, December 31). Baxter v. Montana. Retrieved June 30, 2012,
from https://compassionandchoices.org/sslpage.aspx?pid=416
Cormack, Michael. (2000). Euthanasia and assisted suicide in the post-Rodriguez Era:
Lessons from Foreign Jurisdictions. Osgoode Hall Law Journal, 38, 591-641.
Death and the law: Oregon’s assisted-suicide law survives – for now. (2006, January 26). The
Economist, 33-34
Death with Dignity National Centre. (2012, May 30). Death with dignity around the U.S.
Retrieved June 29, 2012, from http://www.deathwithdignity.org/advocates/national
Do not resuscitate tattooed on Norfolk pensioner. (2011, September 6). BBC News. Retrieved
June 26, 2012 from http://www.bbc.co.uk/news/uk-england-norfolk-14802369
Dresser, R. (2007). Schiavo and contemporary myths about dying. University of Miami Law
Review, 61(3), 821-846.
Eckstein, C. (2007, December 1). History of euthanasia in Canada: Part 1. The Euthanasia
Prevention Coalition's Euthanasia Symposium. Toronto, Canada. Retrieved July 31,
2009,
from
http://www.chninternational.com/history_of_euthanasia_in_canada%20by%20Cheryl%
20Eckstein%2007.htm
Eckstein, C. (2007, December 1). History of euthanasia in Canada: Part 2. The Euthanasia
Prevention Coalition's Euthanasia Symposium. Toronto, Canada. Retrieved July 31,
2009,
from
http://www.chninternational.com/history_of_euthanasia_in_canada%20part2.htm
Ertelt, S. (2012, May 14). Washington assisted suicides increase, 71 died in 2011. Life News.
Retrieved June 30, 2012, from http://www.lifenews.com/2012/05/14/washingtonassisted-suicides-increase-71-died-in-2011/
The Fight for the Right to Die. (2009, Feb. 9). CBC News. Retrieved May 10, 2011, from
http://www.cbc.ca/canada/story/2009/02/09/f-assisted-suicide.html
Hendin, H., & Foley, K. (2008). Physician-assisted suicide in Oregon: A medical perspective.
Michigan Law Review, 106, 1613-1640.
30
Koch, T. (2008). Robert Latimer: Bait and switch. Canadian Medical Association Journal,
178(3), 360.
Lewis, P. (2007). The empirical slippery slope from voluntary to non-voluntary euthanasia.
Journal of Law, Medicine, & Ethics, 35(1), 197-210.
Lugosi, C. I. (2007). Natural disaster, unnatural deaths: The killings on the life care floors at
Tenet’s Memorial Center after Hurricane Katrina. Issues in Law & Medicine, 23(1), 7185.
Martin, B. (2009). Techniques to Pass on: Technology and Euthanasia. Bulletin of Science
Technology and Society, 30(1), 54-59.
Moulton, Donalee. (2011). “Right to die court action ramps up.” The Lawyers Weekly,
31(16), Retrieved July 13, 2011 at http://farewellfoundation.ca/wordpress/wpcontent/uploads/2011/09/Lawyers-Weekly_Sept-22011_Right_to_die_court_action_ramps_up_Vol-_31.pdf
R. v. Latimer, [1997] 1 S.C.R. 217 (Supreme Court of Canada).
R. v. Latimer, [2001] 1 S.C.R. 3, 2001 SCC 1 (Supreme Court of Canada)
Rodriguez v. British Columbia (Attorney General), [1993] 3 S.C.R. 519 (S.C.C.)
Schafer, A. (2001). Top judges got it wrong in this case. Retrieved July 23, 2008, from
http://www.robertlatimer.net/professors_and_professionals/arthur_shafer/top_judges_go
t_it_wrong.htm
Schafer, A. (2004, September 29). Welcome the good death: In Canada, it’s a crime to help the
ill die when they choose. Globe and Mail, A19.
Smith, D.H. (1974). On letting some babies die. The Hasting Center Studies, 2(2), 37-46.
Sneiderman, B. (2003). Does euthanasia differ so much from letting someone die? Retrieved
July 23, 2008, from
http://www.robertlatimer.net/professors_and_professionals/barney_sneiderman/does_eut
hanasia_differ.pdf
Sneiderman, B. (1993). The case of Nancy B: A criminal law and social policy perspective.
Health Law Journal, 1, 25-38.
Sneiderman, B. (1997). The Latimer mercy-killing case: A rumination on crime and
punishment. Health Law Journal, 5, 1-26.
31
Westad, K. (2010, November 29). Robert Latimer granted full parole. National Post. Retrieved
June 30, 2012, from http://news.nationalpost.com/2010/11/29/robert-latimer-grantedfull-parole-reports/
11. Medical Issues – Part I – Stem Cells, Drug Companies, Cloning
Bidewell, K. (2009, July 8). Human sperm created from embryonic stem cells. Retrieved July
13, 2009, from http://www.eurekalert.org/pub_releases/2009-07/nu-hsc070709.php
Canadians make stem cell breakthrough. (2009, March 2). CTV News. Retrieved June 3, 2009,
from
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090227/stem_cells_090228/2
0090301?hub=TopStories
Cole, E. (2010, June 29). Lawsuit against Obama’s embryonic stem cell policy reinstated. The
Christian Post. Retrieved August 15, 2010, from
http://www.christianpost.com/article/20100629/lawsuit-against-obamas-embryonicstem-cell-policy-reinstated/index.html
Edmonds, R. (2009, March 9). US lifts some restrictions on embryo stem cells. The Associated
Press. Retrieved June 3, 2009, from
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20090417/stem_cell_limits_090
417/20090417/
Fox, M. (2010, February 19). U.S. “tweaks” stem cell policy. Reuters. Retrieved August 15,
2010, from http://www.reuters.com/article/idUSTRE61I5IT20100219
Harris, G., & Roberts, J. (2007, March 21). Doctors’ ties to drug makes are put on close view.
The New York Times. Retrieved August 15, 2010, from
http://www.nytimes.com/2007/03/21/us/21drug.html?_r=1&em&ex=1174622400&en=1
b7a123ccba022cd&ei=5087%0A
Kilner, J.F. (2009). An inclusive ethics for the twenty-first century: Implications for stem cell
research. Journal of Religious Ethics, 37(4), 683-722.
Poland, S.C. & Bishop, L.J. (2002). Bioethics and cloning, Part I. Kennedy Institute of Ethics
Journal, 12(3), 305-324.
32
Robertson, J.A. (2010). Embryo stem cell research: Ten years of controversy. Journal of Law
and Medical Ethics, 38(2), 191-203.
Rugg-Gunn, P.J., Ogbogu, U., Rossant, J. & Caulfield, T. (2009). The challenge of regulating
rapidly changing science: Stem cell legislation in Canada. Cell Stem Cell, 4, 285-288.
Spady, A. (2008). The Sexual Freedom of Eve: A Recommendation for Conceptive
Sterilization Legislation in the Canadian post Re Eve Context. Windsor Review of Legal
and Social Issues, 25(33), 1.
Sugarman, J. (2010). Reflections on governance models for the clinical translations of stem
cells. Journal of Law and Medical Ethics, 38(2), 251-256.
Weeks, C. (2009, March 30). Clone appetit. The Globe and Mail. Retrieved June 3, 2009, from
http://m.theglobeandmail.com/life/clone-appetit/article1050589/?service=mobile
Zarzeczny, A., & Caulfield, T. (2010). Stem cell tourism and doctors’ duties to minors- A view
from Canada. The American Journal of Bioethics, 10(5), 3-15.
12. Medical Issues – Part II – Designer Babies, Designer Parents, Medicine and Religion
Arndt v. Smith, [1997] 2 S.C.R. 539 (Supreme Court Canada).
Bails, J. (2009, February 25). Blue, pink? U-pick. Philadelphia Inquirer. Retrieved June 3,
2009, from http://articles.philly.com/2009-02-25/living/25280891_1_healthy-babybaby-girl-gender
Collentine, A.C. (2006). Respecting intellectually disabled parents: A call for change in state
termination of parental rights statutes. Hofstra Law Review, 34, 535-564.
Darnovsky, M. (2009). Countries with laws or policies on sex selection. Prepared for the New
York City Sex Selection Meeting. Retrieved June 3, 2009, from
http://www.geneticsandsociety.org/downloads/200904_sex_selection_memo.pdf
Faure, G. (2009, October 16). Should parents of obese kids lose custody? Time. Retrieved
August 15, 2010, from http://www.time.com/time/health/article/0,8599,1930772,00.html
Long, A.M. (2006). Why criminalizing sex selection techniques is unjust: An argument
challenging conventional wisdom. Health Law Journal, 14, 69-104.
Malyon, D. (1998). Transfusion-free treatment of Jehovah’s Witnesses: Respecting the
autonomous patient’s motives. Journal of Medical Ethics, 24, 376-381.
Manninen, B.A. (2009). The metaphysical foundations of reproductive ethics. Journal of
Applied Philosophy, 26(2), 190-204.
33
Mother dies after refusing blood. (2007, November 5). BBC News. Retrieved June 3, 2009,
from http://news.bbc.co.uk/2/hi/uk_news/england/shropshire/7078455.stm
The need to regulate “designer babies”. (2009, May). Scientific American Magazine. Retrieved
April 29, 2010, from http://www.scientificamerican.com/article.cfm?id=regulatedesigner-babies
Olesen, A. (2009, April 10). China’s birth limits create dangerous gender gap. Associated
Press. Retrieved June 3, 2009, from
http://www.geneticsandsociety.org/article.php?id=4626
Watkins, C. (1995). Beyond status: The Americans with Disabilities Act and the parental
rights of people labeled developmentally disabled or mentally retarded. California Law
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Wreen, M.J. (1991). Autonomy, religious values, and refusal of lifesaving medical treatment.
Journal of Medial Ethics, 17, 124-130.
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
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
34
for students to understand how to carry out research and provide citations in an appropriate
manner.
Plagiarism is not an offence solely in 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 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.
35
In broad terms, 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 have 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’s thoughts end and the source’s begin ( 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.
Common (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 rest in the use of other people's words and ideas per se; it rests 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."
No matter what the stage of preparation, the work which you submit or present must provide a
faithful record of all source usage.
36
"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."
No. 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."
No. 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."
No. 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."
No. 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."
No. 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."
No. 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.
37
"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."
No. 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."
No. 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."
No. 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."
No. 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."
No. Everyone is capable of making mistakes. In nearly every instance, 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>
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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 business day.
 Please advise if you intent to hand in an assignment late.
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
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.
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