Red Zones

Sylvestre, Marie-Ève; Blomley, Nicholas; Bellot, Céline

doi:10.1017/9781316875544

Cited by 24 publications

(1 citation statement)

References 175 publications

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“…114 Moreover, neither indigency nor homelessness have been accepted by the Canadian courts as analogous grounds under section 15 of the Charter. 115 Legislative action at the provincial level, especially if undertaken as part of comprehensive reforms, could offer a more complete response to the harms and potential inequalities inherent with these laws.…”

Section: B Abolishing Fines For Low-level Offences and Eliminating Co...mentioning

confidence: 99%

Over-Indebted Criminals in Canada

Nayerahmadi,

Ben-Ishai

2019

mlj

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Section: B Abolishing Fines For Low-level Offences and Eliminating Co...mentioning

confidence: 99%

Over-Indebted Criminals in Canada

Nayerahmadi,

Ben-Ishai

2019

mlj

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A Sense of Place with Landmark Judgments: Anthropogenic Justice, Wildlife Extinction, and Climate Change

Rush

2022

AsianJLS

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It will be familiar to many that the environmental emergency of our times generates a number of difficulties for our thinking of law and society. It is argued in this essay that the languages of place-making make some sense of these predicaments. The essay proceeds through the close reading of an Extinction Rebellion protest and two landmark judgments. The protests, and their policing, are keyed to specific places and their atmospheres. A first judgment concerns the destruction of habitat and the extinction of native wildlife species; a second concerns the impact of coal mining on greenhouse gas emissions and climate change. A sense of place emerges with the aesthetic reason of judgment. The emblems and topics of legal speech, it is argued, give form and technique to the writing of place. A renewed jurisprudence of topography makes legible the meeting places of law and the environmental emergency.

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Punishment and Retribution Within the Bail Process: An Analysis of the Public Confidence in the Administration of Justice Ground for Pre-Trial Detention

Manikis

Santi

2020

Can. j. law soc.

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This paper argues that lower courts have used their discretionary powers provided within legislation and St-Cloud to infuse a predominantly retributive interpretation into the public confidence in the administration of justice ground of pre-trial detention. This is illustrated notably by their choice of and weight afforded to the various aggravating and mitigating factors, the circumstances that relate to the commission of the offence, as well as their analysis of the length of imprisonment. This transfer of sentencing rationales, and to a greater extent, retributivism, into the third ground of pre-trial detention is used, in part, to justify pre-trial detention and can partially explain the rates of pre-trial detention. Finally, the underlying sentencing logic within the bail process can be understood within a sociological perspective, which examines the wider social functions of institutions and suggests that the bail process is an extension of punishment that serves to reinstate social order and public confidence.

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Red Zones

Cited by 24 publications

References 175 publications

Over-Indebted Criminals in Canada

Over-Indebted Criminals in Canada

A Sense of Place with Landmark Judgments: Anthropogenic Justice, Wildlife Extinction, and Climate Change

Punishment and Retribution Within the Bail Process: An Analysis of the Public Confidence in the Administration of Justice Ground for Pre-Trial Detention

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