Women, Law, and Equality: A Discussion Guide is designed to stimulate and facilitate discussions around the complicated issues of feminism, equality, and social justice among broad spectrum of readers, with varied perspectives and knowledge. The book consists of six chapters, which first frame the following five topics: Polygamy; Caring for Young Children; Feminism, Law, Cinema; Women and Power; and Women and Migration. Each chapter provides excerpted and compiled texts and discussion questions intended to stimulate discussion.

The topics discussed in the guide all throw into relief the legal, social, ethical, and political implications of women’s equality issues. The range of topics covered in the guide make it ideal for a survey or introductory-level gender studies, women in the law, or women-focused political science course. It could also be used for a series of book club-style discussions.

Summary Table of Contents

Acknowledgments  

Let’s Talk Women, Law, and Equality 

Glossary  

Chapter 1: Polygamy

Kim Brooks

Chapter 2: Caring for Young Children

Kim Brooks

Chapter 3: Feminism, Law, Cinema

Suzanne Bouclin

Chapter 4: Women and Power (or, Powerful Women)

Carissima Mathen

Chapter 5: Women and Migration

Doris Buss

Chapter 6:  Final Thoughts

This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland.

Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another’s experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.

Summary Table of Contents

1 Remedies for Bad Behaviour in Canadian Contract Law

Robert Sharpe

2 Reliance Damages for Breach of Contract

David McLauchlan

3 Fuller and Perdue’s Limitations: Opportunities, Performance, and Quantification

Maree Chetwin

4 Damages for Breach of Contracts with Alternative Performances

Michael G. Pratt

5 Coherence, Non-Pecuniary Loss, and the Construction of Privacy

Michael Tilbury

6 Beyond Dignity?

Grant Hammond

7 Redressing Dignitary Injuries and Non-economic Loss in Novel Torts: Challenges for the Law of Remedies

Penelope Watson

8 Holism and Harmony in the Law of Remedies

Ken Cooper-Stephenson

9 Remedies: The Key to the Common Law System?

Steve Hedley

10 Beyond Compensation: Apology as a Private Law Remedy

Robyn Carroll

11 Remedies for Breaches of “Public” Obligations: The Equality Principle Meets the Welfare State and the New Constitutionalism

Geoff McLay

12 Addressing the Remedial Interests of Patients after an Adverse Event in Healthcare: The New Zealand Response

Joanna Manning

13 The Crown and Remedies

David Wright

14 Remedies and Accountability for Unlawful Judicial Action in New Zealand: Could the Law be Tidier?

Bruce V. Harris

15 A Plea to Reject the United States Supreme Court’s Due-Process Review of Punitive Damages

Doug Rendleman

16 Remedies for Breach of Fiduciary Duty in Joint Ventures

Jessica Palmer

17 Mareva Orders in Globalized Litigation

David Capper

18 Exporting Your Remedy: A Canadian Perspective on the Recognition and Enforcement of Monetary and Other Relief

H. Scott Fairley

19 Damages in Transnational Tort Litigation: Legislative Restrictions and the Substance/Procedure Distinction in Australian Conflict of Laws

Gary Davis

20 The Globalization of Defamation

Russell L. Weaver & David F. Partlett

21 The Class Action as Sheriff: Private Law Enforcement and Remedial Roulette

Peta Spender

22 Class Actions (Representative Proceedings) and the Exercise of the Cy-Pres Doctrine: Time for Improved Scrutiny

Jeff Berryman

Legal Research and Writing, Third Edition seeks to explain the practical skills needed for print and online legal research and for legal writing. It provides a current and comprehensive look at the topic, consolidating information on legal research and writing into one handy, easy-to-use resource. The book is written for both seasoned practitioners, seeking to add the latest sources and techniques to their research arsenals, and for beginning law students who face a bewildering array of information. It includes chapters on legal research malpractice, the acquisition of research resources, and knowledge management. In addition, it covers searching the new platforms of the major proprietary online legal databases, the increasing digitization of legal materials, and the Web 2.0. Legal Research and Writing is the most up-to-date book of its kind available in Canada today.

Visit the companion website at http://www.legalresearchandwriting.ca

Summary Table of Contents

Preface to the Third Edition  

CHAPTER 1: Introduction to Legal Research and Writing  

CHAPTER 2: Secondary Legal Resources  

CHAPTER 3: Researching Legislation  

CHAPTER 4: Researching Case Law  

CHAPTER 5: Legal Research on the Internet  

CHAPTER 6: Legal Research Databases and CD-ROMs  

CHAPTER 7: International and Foreign Legal Research  

CHAPTER 8: Legal Research by Topic  

CHAPTER 9: Selecting and Acquiring Legal Resources  

CHAPTER 10: Knowledge Management for Lawyers  

CHAPTER 11: Legal Research and Writing Malpractice  

CHAPTER 12: Legal Writing  

Appendix: Putting it All Together — A Sample Research Problem and

Memorandum of Law  

Glossary

Table of Cases 

Index

Irwin Law is pleased to announce the publication of Conflict of Laws by Stephen Pitel and Nicholas Rafferty. This new addition to the Essentials of Canadian Law series could not be more timely. Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year.  Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Professors Pitel and Rafferty have written a highly readable and thoughtful treatise that explains and analyzes the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.

Summary Table of Contents

Preface

CHAPTER 1: Introduction

CHAPTER 2: Domicile and Residence

CHAPTER 3: Exclusion of Foreign Law

CHAPTER 4: Foreign Currency Obligations

CHAPTER 5: Jurisdiction In Personam 

CHAPTER 6: Forum Non Conveniens

CHAPTER 7: Anti-Suit Injunctions

CHAPTER 8: Recognition and Enforcement of Foreign Judgments

CHAPTER 9: Recognition and Enforcement of Foreign Arbitral Awards

CHAPTER 10: The Choice of Law Process

CHAPTER 11: Substance and Procedure

CHAPTER 12: Pleading and Proof of Foreign Law

CHAPTER 13: Tort

CHAPTER 14: Contract

CHAPTER 15: Unjust Enrichment

CHAPTER 16: Nature and Situs of Property

CHAPTER 17: Immovable Property

CHAPTER 18: Movable Property

CHAPTER 19: Succession

CHAPTER 20: Trusts

CHAPTER 21: Marriage

CHAPTER 22: Divorce

CHAPTER 23: Nullity

CHAPTER 24: Children

CHAPTER 25: Support Obligations

Table of Cases

Index

Foreword by William Schabas

International and Transnational Criminal Law by Robert J. Currie offers an overview of those branches of international law commonly referred to as "international criminal law" (ICL) and "transnational criminal law" (TCL). It surveys the history and major developments behind a major legal and philosophical force of the twentieth century: that individuals can be liable for horrendous crimes that are committed, not just against the criminal laws of a single state, but against international law and thus the entire world community.

In his treatment of ICL, Professor Currie examines the major international crimes—genocide, crimes against humanity, war crimes, and aggression—against the backdrop of those international courts set up to deal with these crimes, such as the Nuremberg and Tokyo Tribunals, the UN ad hoc tribunals, and the International Criminal Court. The discussion of TCL focuses on conduct that is considered to be criminal by the domestic law of states, but which has aspects affecting more than one state. The book reviews the major international law regimes designed to deal with transnational crime in such areas as narcotics trafficking, terrorism, transnational organized crime, corruption and cybercrime.

However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law—and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.

The book also contains a number of unique contributions to Canadian legal literature, including:

-          the first published analysis of the trial judgment in R. v. Munyaneza, Canada’s first genocide prosecution;

-          the most detailed study yet published of criminal cases with transnational elements, including the use of the Libman test for jurisdiction by courts;

-          a chapter to dedicated to exploring the difficult issue of how Canada’s human rights obligations interact with international criminal co-operation such as extradition;

-          a study of the Supreme Court of Canada’s controversial decision in R. v. Hape, and a look at the fallout from the court’s approach to extraterritorial jurisdiction in that case.

International and Transnational Criminal Law brings together in one text a number of disparate but related topics that are of increasing importance in a world of globalized crime. However, it is accessibly written in an effort to communicate the basics of a sometimes rarified field. Therefore, it will prove useful to teachers, students, practitioners, judges and policy-makers alike.

Summary Table of Contents

Foreword by William Schabas

Chapter 1 — Introduction: "Convergence of Disciplines"

Chapter 2 — Jurisdiction Over International and Transnational Crime

Chapter 3 — The Core Crimes

Chapter 4 — Direct Enforcement Against the Core Crimes

Chapter 5 — Indirect Enforcement: National Prosecution of the Core Crimes

Chapter 6 — Other International Crimes

Chapter 7 — Transnational Crimes of International Concern

Chapter 8 — Transnational Crimes of Domestic Concern

Chapter 9 — International Criminal Co-operation

Chapter 10 — International Criminal Co-operation, Human Rights and the Application of the Charter

Chapter 11 — Immunities from Prosecution

Table of Cases

Index

Civil Litigation by Professors Janet Walker and Lorne Sossin is a concise narrative of the key elements of the resolution of civil disputes in Canada. It covers all aspects of civil procedure and provides a useful pan-Canadian comparison of legislation and court rules from various jurisdictions. Until now there has not been an introductory work on the subject of civil litigation that places it in the larger institutional, professional, and social context of dispute resolution and which explains its main aspects in a way that is informative to members of the legal community and accessible to the larger community. Civil Ligitation fills that gap.

… [A] remarkably accessible and sophisticated analysis of the doctrinal issues... [T]his is a book I would be very proud to have written.

            -Hon. Robert J. Sharpe, Court of Appeal for Ontario (from the Foreword)

SUMMARY TABLE OF CONTENTS

Foreword

Preface

List of court rules

Chapter 1: Civil Procedure in Context

Chapter 2: Costs and Access to Justice

Chapter 3: Commencing a Claim

Chapter 4: Pleadings

Chapter 5: The Size and Scope of Litigation

Chapter 6: Class Proceedings

Chapter 7: Discovery

Chapter 8: Privilege

Chapter 9: Disposition without Trial

Chapter 10: Pre-trial Relief

Chapter 11: Civil Justice Reform

Table of Cases

Index

As Canadian law schools continue to expand their mooting programs and increase the emphasis on moot participation, The Essential Guide to Mooting: A Handbook for Law Students will undoubtedly be of great value to their students.

Mooting is an important step in the development of one’s advocacy and communication skills. This thorough “how-to” guide provides students with a road-map to crafting a successful career as a mooter and future advocate in many different arenas. Using this book as a guide, students will be better prepared to step into their “courtrooms” and present credible and persuasive arguments in a manner corresponding to the finest of advocacy skills. The result will be that the calibre of mooting will only improve and continue to reflect the high quality of those behind the arguments: Canada’s law students.

Contents

Foreword

Preface: Why a Book on Mooting?

Acknowledgments

Chapter 1: Setting the Scene: Modern Mooting

Chapter 2: Preparation

Chapter 3: Opening Remarks

Chapter 4: Delivering Submissions

Chapter 5: Terminology and Phrases

Chapter 6: Dealing with Questions

Chapter 7: Other Matters

Chapter 8: Conclusion

Appendix A: Moot Problem from the 2009–2010 Harold G. Fox Intellectual Property Moot

Appendix B: Sample Fact Sheet for Student Mooters

Appendix C: The Official Rules for the 2009–2010 Harold G. Fox Intellectual Property Moot

Appendix D: Tips for Drafting a Motion

Appendix E: Additional Readings

Glossary

On January 20, 1843 a wood turner named Daniel M’Naughten shot Edward Drummond, secretary to Prime Minister Sir Robert Peel. Drummond died a few days later and M’Naughten’s murder trial at the Old Bailey became the leading story of the day as reported in painstaking detail by The Times. Drummond came from a noble Scottish family, related to Queen Victoria, and with significant banking interests in the City. It was revealed at trial that M’Naughten’s intended victim was in fact the Prime Minister. Both the Crown and the accused were represented by leading barristers with the Lord Chief Justice of England presiding. According to The Times, extra constabulary were required to manage the crowds seeking access to the court’s gallery. It was a spectacle.

However, this compelling story might only have been an historical footnote were it not for the verdict of not guilty by reason of insanity and fallout that ensued. The verdict so outraged the Queen that she ordered a committee of the House of Lords to review the court’s decision. The result was the so-called ‘M’Naughten Rules’ which formed, and continue to form, the basis of the insanity defence in England and most English-speaking jurisdictions around the world including the United States. The rules also remain extremely controversial.

The Lunatic and the Lords, by Richard Schneider is a riveting account of the events surrounding Drummond’s murder, M’Naughten’s trial at the Old Bailey, and its aftermath. But it is also an analysis of the legacy of M’Naughten’s case in the context of contemporary criminal law and medical science. Few authors are better suited to this task. Richard Schneider is a former criminal lawyer and clinical psychologist who now, as a judge of the Ontario Court of Justice, presides at the Mental Health Court in Toronto where M’Naughten’s case is of relevance on a daily basis. In the course of telling M’Naughten’s story, Schneider describes the evolution of the notion of criminal responsibility as it applies to mental disorder, and the not always comfortable interface between the criminal justice system and medicine.

In the two decades since Section 15 of the Canadian Charter of Rights and Freedoms came into effect, the right to equality has been one of the most hotly contested Charter rights, being disputed in over 350 reported court cases across Canada. It is a right that in very short order has become deeply engrained in Canadian legal, political, and social discourse. It has become a bedrock value, fundamentally reflecting and shaping how Canadians view themselves and their society.

Making Equality Rights Real critically assesses the state of equality jurisprudence from many angles. Collectively, these 13 essays attempt to advance substantive equality as section 15 of the Charter moves into its second generation. Each of the papers in this collection aims to deepen our understandings of the dynamics of inequality and oppression and so produce a richer more nuanced legal framework for eradicating discrimination and promoting substantive equality. With only two decades’ experience with Charter equality litigation, the project to secure substantive equality remains a work in progress.

For the 2009 paperback edition of Making Equality Rights Real, a new foreword has been added, written by Kim Brooks.

Table of Contents

PART ONE: WHAT DOES EQUALITY MEAN?
CHAPTER 1: The Wrongs of Unequal Treatment - Sophia Moreau
CHAPTER 2: Equality, Comparison, Discrimination, Status - Beverley Baines
CHAPTER 3: Answering the Siren Call of Abstract Formalism with the Subjects and Verbs of Domination - Sheila McIntyre
CHAPTER 4: Discrimination and Dignity - Denise G. Réaume
CHAPTER 5: Law v. Meiorin: Exploring the Governmental Responsibility to Promote Equality under Section 15 of the Charter - Melina Buckley

PART TWO: EQUALITY CLAIMS IN CONTEXT
CHAPTER 6: Women Are Themselves to Blame: Choice as a Justification for Unequal Treatment - Diana Majury
CHAPTER 7: The Law Test for Discrimination and Gendered Disability Inequality - Fiona Sampson
CHAPTER 8: Equality Rights and the Charter: Reconceptualizing State Accountability for Ending Domestic Violence - Melanie Randall
CHAPTER 9: The Denial of the Means of Subsistence as an Equality Violation - Gwen Brodsky & Shelagh Day
CHAPTER 10: The Supreme Court, The Law Decision, and Social Programs: The Substantive Equality Deficit - Judith Keene

PART THREE: SHIFTING AND BLENDING PARADIGMS: THE CHARTER, STATUTORY HUMAN RIGHTS, AND INTERNATIONAL HUMAN RIGHTS
CHAPTER 11: Postcards from O’Malley: Reinvigorating Statutory Human Rights Jurisprudence in the Age of the Charter - Leslie A. Reaume
CHAPTER 12: Formulaic Comparisons: Stopping the Charter at the Statutory Human Rights Gate - Andrea Wright
CHAPTER 13: International Law as a Strategic Tool for Equality Rights Litigation: A Cautionary Tale - Jennifer Koshan

APPENDICES: LEAF FACTA
APPENDIX A: Newfoundland (Treasury Board) v. N.A.P.E.
APPENDIX B: Auton (Guardian ad litem of) v. British Columbia (Attorney General)
Contributors
Index

This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada. Anthony VanDuzer discusses both the internal and external functions and relationships of business organizations, and the laws that govern them. The book is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships, and corporations in Canada. As well, it provides a thorough introduction to the theory and practice of corporate and partnership law.

Features of the third edition:

• Revised to reflect recent major amendments to the Ontario Business Corporations Act (2007), the Alberta Business Corporations Act (2005) and the new British Columbia Business Corporations Act (2004);
• Expanded discussion of the revised rules for limited liability partnerships and professional corporations in each province;
• Discussion of more than 100 new cases including the Supreme Court of Canada’s decisions in Strother, Levis, Danier Leather, Peoples and BCE;
• Analysis of the 2004 amendments to the Criminal Code expanding the bases upon which corporations and other forms of business organizations may be held criminally responsible;
• Revised and expanded discussion of the duties of directors and officers in light of Supreme Court of Canada decisions in BCE and Peoples;
• Discussion of new securities rules for corporate governance;
• New chapter on corporate governance in theory and practice; and
• Updated and revised chapter on corporate social responsibility.

Summary Table of Contents

Foreword to the First Edition by Ronald J. Daniels
Acknowledgments
List of Statutes, Regulations, and Abbreviations

CHAPTER 1: Introduction
CHAPTER 2: Partnerships
CHAPTER 3: Introduction to Corporate Law
CHAPTER 4: Incorporation: Considerations and Process
CHAPTER 5: The Corporation in Action
CHAPTER 6: Shares
CHAPTER 7: Management and Control of the Corporation: The Basic Legal Framework
CHAPTER 8: Corporate Changes and Reorganizations       

CHAPTER 9: Duties and Liabilities of Directors and Officers
CHAPTER 10: Shareholder Remedies
CHAPTER 11: The Public Corporation and Securities Law

CHAPTER 12: Corporate Governance in Theory and Practice
CHAPTER 13: Corporate Social Responsibility

Glossary
Table of Cases
Index

Public inquiries have played a prominent role throughout Canadian history. Commissions of inquiry have contributed to the development of diverse public policies such as public broadcasting, universal health care, bilingualism and multi-culturalism, free trade, and employment equity. But it is in extraordinary circumstances that their unique investigative features are required: the conviction and imprisonment of innocent people; mining disasters; the murder of hundreds of Canadians through the bombing of an international flight; corruption on the part of government officials; or impropriety on the part of a former prime minister.

This book is the first comprehensive, integrated, and thorough exposition of the public inquiry as a governmental, legal and social institution. It examines the legal framework, the role of the commissioner and legal counsel, the rights and obligations of individuals who may be affected and its relationship to government, the media and the public. It analyzes the entire process from its inception through every stage to and after the final report.

Guidance and advice are provided at every step with graphic illustrations from past inquiries, such as the conduct of commissioners, ranging from exemplary to egotistical and arrogant. Difficult problems are analyzed such as the conflicting role of commission counsel, who must appear to be impartial but may have to engage in aggressive cross-examination. Practical solutions to such problems are also proposed.

Summary Table of Contents

Foreword  

Preface 

Table of Authorizing Statutes 

Table of Past Commissions of Inquiry 

chapter 1: Introduction 

chapter 2: Nature and Purpose of Commissions of Inquiry  

chapter 3: Some Canadian Commissions of Inquiry 

chapter 4: Establishing a Commission of Inquiry 

chapter 5: Role of the Commissioner 

chapter 6: Role of Counsel 

chapter 7: The Legal Framework 

chapter 8: The Conduct of Hearings 

chapter 9: Final Report 

chapter 10: Policy/Advisory Commissions 

Table of Cases 

Index 

The way in which the justice system responds to young persons who violate the criminal law is profoundly significant, not only for those who are directly involved in the process but also for society as a whole. A society’s response to young offenders conveys important messages about its attitudes to youth and has significant implications for its future.

While the primary focus of this book is on the legal issues that arise in the youth justice system, the book is premised on the belief that youth justice issues must be understood in a broader context. This book includes some discussion of constitutional, evidentiary, and procedural issues that are relevant to youth justice; it also explores some of the ethical and practical issues that confront lawyers and other professionals working in the youth justice system. The book considers the broader social and political context for issues of adolescent offending and youth justice.

This is the second edition of Youth Criminal Justice Law. The first edition was written by Nicholas Bala before the YCJA came into force, but it has been frequently cited by the courts in interpreting the Act. That earlier work has been substantially revised, with the present edition discussing caselaw interpreting the Act, recent social science literature, and political developments since the YCJA came into force; however, some parts of the earlier text have been incorporated into this edition.

This book will be of interest to students in law schools, criminology programs, and other related disciplines, as well as lawyers, judges, teachers, probation officers, social workers, mental health professionals, and other justice system professionals. The book is intended to give an introduction to the laws governing young people who come into conflict with the law. It has a particular focus on Canada’s Youth Criminal Justice Act, which came into force in April of 2003.

Summary Table of Contents

CHAPTER 1 Responding to Youth Crime in Canada
CHAPTER 2 Principles for Responding to Young Offenders
CHAPTER 3 Jurisdiction of the Youth Justice Court
CHAPTER 4 Arrest, Search, and Questioning by Police, and Pretrial Detention
CHAPTER 5 Diversion, Extrajudicial Measures, and Conferences
CHAPTER 6 Lawyers in the Youth Justice Process
CHAPTER 7 The Youth Justice Court Process
CHAPTER 8 Sentencing Under the Youth Criminal Justice Act
CHAPTER 9 Adult Sentencing for Youths
CHAPTER 10 Canadian Youth Crime in Context

This new edition of The Law School Book is essential reading for anyone beginning the study of law or for those considering application to law school. Professor Hutchinson explores both the theoretical foundations of the Canadian legal system and the practical demands on law students today with humour and perceptiveness. His aim is to "provide the reader with insights and tips on how to cope with the routines of law school life and succeed in becoming a good law student and an even better lawyer." As a basic orientation to the law the book is accessible, though-provoking and, at times, controversial. The Law School Book should be the first on the shelf of any aspiring lawyer. 

Summary Table of Contents

Preface
CHAPTER 1: So, You Want to Go to Law School? The Inside Story
CHAPTER 2: Let's Get Jurisprudential: The Study of Law
CHAPTER 3: This Crazy Little Thing Called "Law": Legal Materials and Institutions
CHAPTER 4: Get a Real Life: Living Through Law School
CHAPTER 5: Making Moves: Legal Reasoning
CHAPTER 6: The Write Stuff: Putting on the Style
CHAPTER 7: Making Friends: The Basics of Legal Research
CHAPTER 8: Stand and Deliver: Doing a Moot
CHAPTER 9: In the Belly of the Beast: Writing Exams
CHAPTER 10: Is There Life After Law School? Articling, Lawyering, and Other Possibilities
APPENDIX A: Long Legal Memorandum
APPENDIX B: Short Legal Memorandum
APPENDIX C: Model Factum
APPENDIX D: Model Examination Question

Expert Evidence in Criminal Law: The Scientific Approach by Alan D. Gold is the first and only Canadian book on expert evidence entirely from a scientific perspective.

The book is written in plain language, making it easily accessible to lawyers and judges approaching the topic for the first time. At the same time, it contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

Everything from forensic identification evidence, including fingerprints and toolmarks, to psychological and psychiatric evidence, such as post traumatic stress syndrome, are discussed and evaluated according to the rules of science and the deficiencies and weaknesses of the evidence are demonstrated in detail.

The book has been thoroughly updated in this new edition to reflect developments in both the law and science.

Summary Table of Contents

Foreword
Preface to the Second Edition
Preface to the First Edition
CHAPTER 1:    Introduction
CHAPTER 2:    The U.S. Revolution
CHAPTER 3:    The Admissibility of Expert Opinion Evidence
CHAPTER 4:    Science: Some Basic Concepts
CHAPTER 5:    Science and the Forensic Sciences
CHAPTER 6:    Science and Psychiatric and Psychological Evidence
CHAPTER 7:    Science and Syndromes, Profiles, and Indicators
CHAPTER 8:    Science and “Consistent with” Evidence
CHAPTER 9:    Science and Social Science Evidence
CHAPTER 10:   Problematic Procedural Issues
CHAPTER 11:   Proposals for Change
Table of Cases
Index
About the Author

Winner of the 2009 Canadian Law and Society Association Book Prize

(For hardcover click here)

Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 is an engaging and powerful book about sexual assault crimes in Canadian history by one of Canada’s foremost legal historians. Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move from small towns to large cities, from the Maritimes to the Northwest Territories, from the suffrage era to the period of the women’s liberation movement. Each of these richly-textured vignettes offers insight into the failure of the criminal justice system to protect women from sexual assault, and each is highly readable and provocative. The most moving chapters document the law’s refusal to accommodate a woman who could only give evidence in sign language, and the heartbreak of a child rape trial. Backhouse deals sensitively and deftly with these difficult stories.

This book is the best kind of legal history—a vivid exploration of the past which also gives us the tools to assess the efficacy (or in this case lack of efficacy) of the legal system.

Published for the Osgoode Society for Legal History.