David M. Tanovich's Books

Aboriginal Justice and the Charter

Realizing a Culturally Sensitive Interpretation of Legal Rights

By: David Milward

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Aboriginal Justice and the Charter

Realizing a Culturally Sensitive Interpretation of Legal Rights

By: David Milward

Aboriginal Justice and the Charter explores the tension between Aboriginal justice methods and the Canadian Charter of Rights and Freedoms, seeking practical ways to implement Aboriginal justice. David Milward examines nine legal rights guaranteed by the Charter and undertakes a thorough search for interpretations sensitive to Aboriginal culture. Much of the previous literature in this area has dealt with idealized notions of what Aboriginal justice might be. Here, David Milward strikes out into new territory to examine why Indigenous communities seek to explore different paths in this area, and to identify some of the applicable constitutional constraints. This book considers a number of specific areas of the criminal justice process in which Indigenous communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. Milward grapples with the difficult questions of how Aboriginal justice systems can be fair to its constituents while complying with the protections guaranteed all Canadians by the Charter.

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Page Count

334

Publisher

UBC Press

Published Date

ISBN 10

077482459X

ISBN 13

9780774824590

The Art of Science in the Canadian Justice System

A Reflection of My Experiences as an Expert Witness

By: David Milward,Charles Ferguson

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The Art of Science in the Canadian Justice System

A Reflection of My Experiences as an Expert Witness

By: David Milward,Charles Ferguson

Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.

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Page Count

152

Publisher

CRC Press

Published Date

ISBN 10

1351859862

ISBN 13

9781351859868

Privacy in Peril

Hunter v Southam and the Drift from Reasonable Search Protections

By: Richard Jochelson,David Ireland

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Privacy in Peril

Hunter v Southam and the Drift from Reasonable Search Protections

By: Richard Jochelson,David Ireland

In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter of Rights and Freedoms. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. An examination of dozens of subsequent cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the courts have used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Justice Dickson’s vision for section 8 rights have been diminished, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.

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Page Count

245

Publisher

UBC Press

Published Date

ISBN 10

0774862602

ISBN 13

9780774862608

Book's by David M. Tanovich

Aboriginal Justice and the Charter

Aboriginal Justice and the Charter

The Art of Science in the Canadian Justice System

The Art of Science in the Canadian Justice System

Privacy in Peril

Privacy in Peril

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