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The Taking of Indian Lands in Canada: Consent or Coercion?
Darlene Johnston
The relentless expansion of European settlement witnessed over the centuries was accomplished by a corresponding diminution in the territorial rights of the original inhabitants. The dispossession has been dramatic. This work assesses the accuracy of the official story that the transfer of vast Indian territories to British control was achieved in a relatively principled fashion. The author analyzes: the Royal Proclamation of 1763; the historical treatment of Indian lands in the colonial jurisdictions of the Atlantic region, Quebec, and Upper Canada to determine the extent to which this principle was observed; the statutory regimes which emerged to govern Indian lands in the various colonies; the post-Confederation treatment of Indian lands; and the various incarnations of the Indian Act.
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UNCITRAL Arbitration Model in Canada: Canadian International Commercial Arbitration Legislation
Robert K. Paterson and Bonita J. Thompson
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A Feminist Review of Criminal Law, Status of Women Canada
Christine Boyle, Marie-Andree Bertrand, Celine Lamontagne, and Rebecca Shamai
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Charterwatch: Reflections on Equality
Christine Boyle, A. Wayne MacKay, Edward J. McBride, and John Yogis
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Righting the Balance: Canada's New Equality Rights
Lynn Smith, Gisèle Côté-Harper, Robin Elliot, and Magda Seydegart
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Litigating the Values of a Nation: The Canadian Charter of Rights and Freedoms
Joseph Weiler and Robin Elliot
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Prisoners of Isolation: Solitary Confinement in Canada
Michael Jackson
What is it really like in 'the hole'? On what basis do prison officials employ the most drastic of carceral punishments – solitary confinement – and to what effect? Michael Jackson, lawyer, professor, activist, made a point of finding out.
Approached in 1974 by a group of prisoners in the British Columbia Penitentiary, Jackson listened to their stories, investigated, and became convinced that these prisoners were being held in solitary confinement under unlawful conditions and for arbitrary and unjustified reasons. He then helped launch proceedings on their behalf to have the imposition of solitary confinement in the B.C. Penitentiary declared 'cruel and unusual punishment.' Jackson sets out the facts and legal arguments presented to the Federal Court of Canada against a background of the historical evolution of solitary confinement and penitentiary discipline. Successfully argued, the McCann case (1975) was unique in Canadian judicial history.
Since then Jackson has remained in close touch with his prison contacts, maintaining a watching brief on whether prison practice has conformed to the rule of the law. He traces the continuation of solitary confinement in the newest of Canada's maximum security institutions and describes the conditions in the 'special handling units,' the most recent addition to Canada's 'carceral archipelago.' It is clear from his findings that prison officials continue to violate human rights.
Though Jackson eschews sensationalism, the raw facts and the record of direct testimony he presents make Prisoners of Isolation a disturbing book.
What is it really like in 'the hole'? On what basis do prison officials employ the most drastic of carceral punishments – solitary confinement – and to what effect? Michael Jackson, lawyer, professor, activist, made a point of finding. It is clear from his findings that prison officials continue to violate human rights.
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