Criminal Law/Policy
-
The Kiwis Do It Better
Introducing a new article on sentences of life imprisonment without parole Continue reading
-
Excitement over Incitement
The UK law on incitement and its enforcement go off the rails Continue reading
-
Undignified
The Supreme Court holds that life imprisonment without parole is unconstitutional. Its reasons are unconvincing. Continue reading
-
Still Wrong, Just a Little Less So
The Québec Court of Appeal errs in thinking the Charter prevents the imposition of, in effect, life imprisonment without parole Continue reading
-
Just Asking
Should the power over criminal law be transferred to the provinces? Continue reading
-
Throwing Away the Key
Thoughts on life imprisonment without parole, in New Zealand and in Canada Continue reading
-
Unusual Indeed
The trouble with a caustic, pseudo-originalist opinion of Wakeling JA Continue reading
-
Counter-Rebellion
Judges of the Alberta Court of Appeal question the Supreme Court’s jurisprudence on mandatory minimum sentences Continue reading
-
Antigone in Hamilton
The confrontation between New Zealand legal system and a family trying to bury a dead husband/father is eerily like Sophocles’ tragedy Continue reading
-
Rafilovich: A Textualist (or Quasi-Textualist) Turn?
Since Telus v Wellman, the Supreme Court of Canada has moved towards a sort of “textually constrained” purposivism in statutory interpretation cases. To my mind, textually constrained purposivism involves two parts: (1) a focus on the text over abstract purposes in determining the meaning of text and (2) if there are conflicting purposes at the Continue reading
Double Aspect 