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Artificial Intelligence & Criminal Justice: Cases and Commentary
Benjamin Perrin
When I was given the chance to develop a seminar this year at UBC’s Peter A. Allard School of Law, I jumped at the opportunity to develop something new and engaging. After brainstorming ideas with students, it quickly became evident that there was substantial interest and enthusiasm for a seminar on the growing integration of artificial intelligence and the criminal justice system.
Embarking on this journey has been a steep learning curve for me as my students and I worked together to shape the course along with input from generative AI tools like ChatGPT, Gemini and Perplexity, along with open-source materials from the Canadian Legal Information Institute and the Creative Commons search portal.
Delving into the case law in Canada and the U.S., reading the critical commentary, listening to podcasts and webinars, and playing around with the latest AI tools has been a lot of fun, but also made me realize how crucial it is at this point in time to have a focussed critical exploration of the benefits and risks of AI in the criminal justice context.
I hope that this open access casebook will be a valuable resource for students, instructors, legal practitioners and the public, offering insights into how AI is already influencing various aspects of the criminal justice lifecycle – including criminality and victimization, access to justice, policing, lawyering, adjudication, and corrections. If you’re interested in a quick overview of topics covered in this casebook, you can download the companion: Artificial Intelligence & Criminal Justice: A Primer (2024).
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Tort Law: Cases and Commentaries, 2024 ed
Samuel Beswick
Preface
The law of obligations concerns the legal rights and duties owed between people. Three primary categories make up the common law of obligations: tort, contract, and unjust enrichment. This casebook provides an introduction to tort law: the law that recognises and responds to civil wrongdoing. The material is arranged in two main parts. Following a brief introduction (§1), the first main part addresses intentional, dignitary and dishonesty torts as well as corresponding defences and remedies (§2-§10). The focus pivots with a consideration of the overarching theories and goals of tort law (§11) and no-fault compensation schemes as an alternative to tort liability (§12). The second main part addresses negligence, nuisance, strict liability, and further defences and remedial doctrines (§13-§23). The casebook concludes with two chapters that explore the place of common law tort within our broader legal systems (§24-§25).
This casebook was compiled and edited by Assistant Professor Samuel Beswick of the University of British Columbia Peter A. Allard School of Law. Maddison Zapach (J.D. 2023) assisted on the first edition published in July 2021. We gratefully acknowledge the influence on our approach to this subject of Professor Joost Blom QC of the Allard School of Law, Professor John C.P. Goldberg of Harvard Law School, and Associate Professor Rosemary Tobin of the University of Auckland Faculty of Law. The support of Open UBC and the UBC Teaching and Learning Enhancement Fund is also gratefully acknowledged.
Gabriella Pasolli (J.D. expected 2025), Lillian Callender (J.D. expected 2025), Joey He (J.D. expected 2026) and Malik Dhami (J.D. expected 2026) assisted on the 2024 edition.
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Economic Torts in Canada, 3rd ed
Peter Burns and Joost Blom
The book provides an overview of the concepts and theories of economic torts and the parameters of the current law and looks at economic loss from all possible causes of action.
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International Tax Law in Canada: Taxation of Cross-Border Income in the Canadian Context
David G. Duff
This book provides a comprehensive explanation of international tax law in the Canadian context, considering domestic rules, treaty provisions, judicial decisions and administrative guidance that governs the taxation of non-residents on income from Canadian sources and the taxation of Canadian residents on income from foreign sources.
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Halsbury's Laws of Canada – Estoppel (2024 Reissue)
Bruce MacDougall
The doctrine of estoppel is used to hold parties to their promises or agreements, whether formal or informal. Estoppel applies to many different fields of law, both public and private. This authoritative title provides an extensive overview of the various types of estoppel, including estoppel by deed, estoppel by convention, estoppel by representation, promissory estoppel and proprietary estoppel. The title describes and analyzes each individual doctrine, summarizes its development, and sets out its current application in case law from a variety of jurisdictions.
[From Halsbury's Laws of Canada]
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The Power & Limits of Private Law
Marcus Moore and Samuel Beswick
This collection of legal essays draws upon the third Canadian Law of Obligations conference held in June 2022 in Vancouver, British Columbia.
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Trusts in Common-Law Canada, 4th ed.
Dennis Pavlich
Written for both novices and veterans, this book introduces readers to the foundations of trust law and provides an up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape.
[From Trusts in Common-Law Canada, 4th Edition | LexisNexis Canada]
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Labour Justice: A Constitutional Evaluation of Labour Law
Supriya Routh
This book argues that the imagination of the worker-citizen, inherent in citizens' constitutional duty to work, is the very foundation of constitutional citizenship and its social justice agenda. The design of social justice in the constitution takes labour as its core ideological and political commitment, seeking to treat workers fairly for their social contribution through work. Employing this constitutional design, this book evaluates the recently repealed labour law against the constitutional metric of social justice. Drawing on the components of social justice, the book evaluates the new labour law in its capacity to promote market-based distribution, respecting basic individual liberties; the complementary redistribution of public goods, upholding the principle of solidarity; and worker participation in decisions about the operation of the market and the state. In offering such evaluation, the book conceives of work in its wider social relationship in contrast to its narrower private exchange rationale.
[From Labour justice constitutional evaluation labour law | Employment law | Cambridge University Press]
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Canadian Income Tax Law, 7th ed.
David G. Duff, Geoffrey Loomer, Bradley Bryan, and Rory Gillis
This work provides an overview of the foundations of tax law and the critical cases which have shaped each component of the tax regime, uniquely combining the best features of both a textbook and casebook.
[From Canadian Income Tax Law, 7th Edition | LexisNexis Canada]
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Canadian Personal Property Security Law, 3rd ed
Bruce MacDougall
A comprehensive, up-to-date treatise covering personal property secured transactions law in Canada, this resource deals with all significant statutory and regulatory provisions applicable under the Personal Property Security Act (PPSA), the Securities Transfer Act and the Bank Act.
[From Canadian Personal Property Security Law,3rd Edition | LexisNexis Canada]
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Sex, Sexuality, and the Constitution: Enshrining the Right to Sexual Autonomy in Japan
Shigenori Matsui
Sex and sexuality are an integral part of human life and vital for the survival of the human race, but sexual freedoms in many countries have yet to be enshrined as constitutional rights.
Focusing primarily on Japan, Sex, Sexuality, and the Constitution critically reconsiders the relationship between individual freedoms and constitutionally entrenched protection of sexual autonomy. As a sharply declining birthrate triggers population loss and shrinks the working population in Japan, national spending on social security is under increasing pressure to support an aging population. In response, government policy is increasingly focused on boosting the birthrate. Shigenori Matsui explores the extent to which governments should be allowed to restrict or influence sexual autonomy in pursuit of population goals to support desired population policy outcomes. Should the constitution protect the following rights: an individual’s right to decide or change sexual or gender identity; to have sex, to refuse to have sex; to have a child, through natural birth or through access to medically assisted reproduction; or to not be forced to have a child, through access to abortion?
This rigorously detailed legal analysis argues for sexual autonomy as a constitutional right, a position that has potential implications for government policy not only in Japan but in all countries facing similar issues.
Researchers and scholars of law, Japanese legal studies, gender and sexuality studies, and population policy will find this an invaluable study with broad implications for individual autonomy and rights.
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Indictment: The Criminal Justice System on Trial
Benjamin Perrin
#MeToo. Black Lives Matter. Decriminalize Drugs. No More Stolen Sisters. Stop Stranger Attacks.
Do we need more cops or to defund police? Harm reduction or treatment? Tougher sentences or prison abolition? The debate about Canada’s criminal justice system has rarely been so polarized – or so in need of fresh ideas.
Indictment brings the heartrending and captivating stories of survivors and offenders alike to the forefront to help us understand why the criminal justice system is facing such an existential crisis. It offers a new transformative justice vision – one that reviewers call “revolutionary” and “a beautiful vision for healthy communities that are safe for everyone”.
Benjamin Perrin draws on his expertise as a lawyer, former top criminal justice advisor to the prime minister, and law clerk at the Supreme Court of Canada to investigate the criminal justice system itself. Indictment critiques the system from a trauma-informed perspective, examining its treatment of victims of crime, Indigenous people and Black Canadians, people with substance use and mental health disorders, and people experiencing homelessness, poverty, and unemployment.
Perrin also shares insights from others on the frontlines, including prosecutors and defence lawyers, police chiefs, Indigenous leaders, victim support workers, corrections officers, public health experts, gang outreach workers, prisoner and victims’ rights advocates, criminologists, psychologists, and leading trauma experts. Bringing forward the voices of marginalized people, along with their stories of survival and resilience, Indictment shows that a better way is possible.
[From Books]
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Criminal Law: Canadian Law, Indigenous Laws & Critical Perspectives
Benjamin Perrin, David Milward, Michelle Lawrence, and Myrna McCallum
Criminal Law: Canadian Law, Indigenous Laws & Critical Perspectives is an innovative open access eBook for Criminal Law & Procedure JD/JID courses. It is also a valuable resource for Criminology and Law & Society courses as well as for students, researchers and the general public.
This is the first Canadian open access criminal law casebook, incorporating a wide range of traditional and audio/visual materials such as podcasts and documentary films. It is also notable for being the first to present Indigenous laws alongside Canadian criminal law. Cree law is featured throughout and the editors hope to include more Indigenous laws in future editions.
Considered by many to be an emerging core competency for lawyers and other legal professionals, a trauma-informed approach is taken in this eBook. This is reflected in the selection of materials, use of content notes, inclusion of mental health and counselling resources, and substantive materials on trauma-informed lawyering, cultural humility, vicarious trauma, and resilience.
Critical perspectives are also included on topics such as criminal law as colonial violence, anti-Black racism, intersectionality, social determinants of justice, victims of crime, wrongful convictions, policing, restorative justice, incarceration and prison abolition, and the criminalization of people who use substances and/or experience homelessness, poverty and mental health issues.
Click here for more
[From Books]
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Reflections on Connecting Canada’s Climate Policy Network
Fenner Stewart and Janis P. Sarra
This book represents an initial step to mapping the layers of Canadian climate policy activities across government, industry, and civil society. Its guiding presumption is that such mapping will help align efforts to decarbonize. A consensus point among all authors is that new alliances need to be forged, and old ones need to be refreshed, strengthened, and broadened. Such allyship will prove essential to supporting efforts to combat climate change, galvanizing and prioritizing support for the global transition to carbon-neutrality.
When climate change actors can find ways to better coordinate, they will build the sort of networked institutional thickness that can effect directed change while standing as a formidable fail-safe to policy backslide when tough choices require commitment. Our book offers direction toward such institutional thickness within climate governance, a thickness that can ensure that meaningful decarbonization occurs. It does so by offering a glimpse into how policy actors, including self-empowered individuals, can protect tomorrow from the perils of the present.
[From Reflections on Connecting Canada's Climate Policy Network - Canada Climate Law Initiative]
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House Rules: Changing Families, Evolving Norms, and the Role of the Law
Erez Aloni and Régine Tremblay
The paradigm of family has shifted rapidly and dramatically, from nuclear unit to diverse constellations of intimacy. At the same time, some norms resist change, such as women’s continuing role as primary care providers despite their increased uptake of paid work. This tension between transformation and stasis in family arrangements has an impact on economic, emotional, and legal aspects of daily life.
House Rules critically explores the intertwining of norms and laws that govern familial relationships. The authors in this incisive collection engage with four countries – Canada, the United States, the United Kingdom, and Taiwan – and expose the ingrained and unsettled norms that affect families and the law’s role in regulating them. They reveal the assumptions that create inequality and animate legislation, evaluating the effects of laws and scrutinizing reforms.
Over recent decades, the law has struggled to adjust to transformations in what typifies the structures and practices of family life. House Rules provides tools to analyze those difficulties and, ultimately, to design laws to better respond to ongoing change and avoid entrenching inequalities.
Family law scholars, gender studies and feminist scholars, and sociologists of the family will all find this a valuable and informative work.
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The Forgotten Foundations of the Canadian Constitution
Brian Bird and Derek Ross
This collection seeks to excavate and explain a variety of foundational elements of the Canadian Constitution. Some of these elements reside in the text, some beneath it, and some only come into focus when the written and unwritten portions of the Constitution speak to each other.
[From Forgotten Foundations of the Canadian Constitution | LexisNexis Canada]
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The Administrative Foundations of the Chinese Fiscal State
Wei Cui
On subjects ranging from trade to democratization, there has lately been a wave of laments about China's development belying Western expectations. Yet these disappointments often come with misunderstandings of the very institutions that China was expected to adopt. Chinese taxation offers a sharp illustration. When China introduced a tax system suited for the market economy, it fully intended tax collection to rely on self-assessment, audits, and the rule of law. But this Western approach was quickly jettisoned in favour of one that emphasized monitoring of taxpayers and ex ante interventions, at the expense of deterrence and truthful reporting norms. The Chinese approach surprisingly matches recommendations made by recent economic scholarship on tax compliance and state capacity. China's massive but little-known explorations in taxation highlight the distinct types of modern state capacity, and raise challenging questions about the future of taxation and the superiority of institutions based on rule of law.
- Offers a novel, systematic, in-depth, yet concise analysis of the foundational institutions in Chinese taxation
- Makes an important contribution to the study of tax and development by clearly explaining fundamental differences between tax administration paradigms, and highlighting their political determinants
- Analyzes Chinese taxation and presents a critical perspective on Chinese law
[From Administrative foundations chinese fiscal state | Taxation law | Cambridge University Press]
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Canadian Intellectual Property Law: Cases and Materials, 3rd ed.
Greg Hagen, Teresa Scassa, Cameron Hutchison, Margaret Ann Wilkinson, Graham Reynolds, and Teshager Dagne
Canadian Intellectual Property Law: Cases and Materials, 3rd Edition offers a comprehensive analysis of foundational concepts including copyright, patents, trademarks, industrial designs, passing off, and confidentiality. This casebook contains extracts from leading Canadian cases and IP legislation, paired with clarifying commentary and discussion questions. This approach allows students to test their comprehension and prepares them to engage in policy debates surrounding this important and evolving area of law.
Chapters from the previous edition have been revised to reflect recent case law and regulatory changes. The third edition includes expanded discussion on the scope and coverage of IP protection in response to recent developments in the field of artificial intelligence and the inequitable distribution of COVID-19 vaccines. It also includes comprehensive coverage of Canada’s intellectual property law within the context of Indigenous legal traditions, addressing the need for inclusivity and reform.
This collaborative text is a valuable teaching tool that bridges gaps found in similar texts by addressing the core areas of IP law within a single resource.[From Canadian Intellectual Property Law: Cases and Materials, 3rd Edition | Emond Publishing]
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A Property Law Reader: Cases, Questions, and Commentary, 5th ed.
Douglas C. Harris, Jeremy de Beer, Patricia Farnese, and Tenille Brown
The new fifth edition of Ziff’s classic A Property Law Reader: Cases, Questions and Commentary with the new author team of Harris, de-Beer, Brown, and Farnese features 12 chapters of national coverage. Highlights of the fifth edition include perspectives on racialized property, relational approaches in property theory and Indigenous law and Indigenous legal traditions as a source of law in Canada; a new section on disputes focusing on the doctrine of “tree trespass”; new content on the law and maxims of equity; new materials on limits to proprietary freedom; and much more!
An innovative collection of teaching materials offers a multi-faceted approach to the study of property law in Canada. Starting with an exploration of the meaning of property and its philosophical foundations, the book canvasses a broad range of fundamental concepts relating to both real and personal property. However, this work goes much further than that. It examines the interplay of property rights with pressing social questions, including those affecting race, class, and gender. These issues are examined in a variety of contexts and from a range of perspectives. A Property Law Reader invites an assessment of whether ancient legal doctrines remain of value within Canadian society. Though drawing on the law's deeply embedded history, the book seeks to provide a thoughtful treatment of contemporary property law and policy.
[from https://store.thomsonreuters.ca/en-ca/products/a-property-law-reader-cases-questions-and-commentary-fifth-edition-softbound-book-43066402]
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Sustainability, Citizen Participation, and City Governance: Multidisciplinary Perspectives
Hoi Kong and Tanya Monforte
The inaction of nation states and international bodies has posed significant risks to the environment. By contrast, cities are sites of action and innovation. In Sustainability, Citizen Participation, and City Governance, contributors researching in the areas of law, urban planning, geography, and philosophy identify approaches for tackling many of the most challenging environmental problems facing cities today.
Sustainability, Citizen Participation, and City Governance facilitates two strands of dialogue about climate change. First, it integrates legal perspectives into policy debates about urban sustainability and governance, from which law has typically stood apart. Second, it brings case studies from Quebec into a rare conversation with examples drawn from elsewhere in Canada.
The collection proposes humane and inclusive processes for arriving at effective policy outcomes. Some chapters examine governance mechanisms that reconcile clashes of incommensurable values and resolve conflicts about collective interests. Other chapters provide platforms for social movements that have faced obstacles to communicating to a broad public. The collection’s proposals respond to drastic changes in urban environments. Some changes are imminent. Others are upon us already. All threaten the present and future well-being of urban communities.
Sustainability, Citizen Participation, and City Governance examines sustainable development challenges in law, planning, and policy, and offers municipal actors strategies for overcoming them.
[From Sustainability, Citizen Participation, and City Governance - University of Toronto Press]
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Corporate Law and Sustainability from the Next Generation of Lawyers
Carol Liao
Millennials have come of age in an era when environmental and social crises have defined much of their adult lives, as has the recurrent message that time is of the essence. Future generations will bear the greatest burden created by climate change, pandemics, and inequality, but often they are not in positions of power to make impactful decisions about it.
This book gives voice to young lawyers offering new critical perspectives in the burgeoning field of corporate law and sustainability. Climate change is an intergenerational crisis, and the solutions and path forward must include intergenerational voices. Millennials are rising in power at a critical juncture in our climate and corporate history, and their perspectives stand apart from those who have been trained into myopic views of what constitutes change. These essays challenge the status quo across a number of pressing topics, including executive compensation, board diversity, decolonialization, crowdfunding, social media risk, corporate lobbying, shareholder activism, tax avoidance, global supply chain management, and human rights, written with a level of thoughtfulness and urgency that demands attention from policymakers and scholars alike.
Edited by Carol Liao, a leading expert in the field, and with a foreword by author and filmmaker of The Corporation and The New Corporation Joel Bakan, this book offers timeless research from a diverse group of young lawyers calling for bona fide corporate accountability within legal and regulatory frameworks, including innovative ideas for reform. -
Introduction to Contracts, 5th ed.
Bruce MacDougall
Gain a thorough understanding of the ins and outs of contract law with this newly updated edition of a classic textbook, written by a leading and well-respected academic.
[From Introduction to Contracts, 5th Edition | LexisNexis Canada]
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Retail’s Route to Net-Zero Emissions: The Canadian Retail Sector and Effective Climate Governance
Janis P. Sarra
Authored by Dr. Janis Sarra, Professor of Law at the University of British Columbia and Principal Co-Investigator of the CCLI, the guide provides an accessible summary of the legal duties of retail directors and officers in the transition to a net-zero economy. It offers examples of best practices in climate governance as well as a checklist of issues the board should be considering in its governance and risk oversight and strategic planning.
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Innovating Business for Sustainability
Beate Sjåfjell, Carol Liao, and Aikaterini Argyrou
Challenging current attitudes to governance and regulation in business, this timely book ascertains how regulatory approaches can innovate to ensure sustainable business that contributes to social justice for current and future generations within ecological limits.
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