This article provides an overview of wrongful convictions in Canada. The first part examines the number of wrongful convictions concluding that the 40-70 known wrongful convictions are likely the tip of the iceberg given that they mostly arise in homicide and/or sexual assault cases and that a...

The government’s reluctance to reform the law of homicide can be observed in both the United Kingdom and Canada. This collection of essays contained within the special issue entitled “Rethinking Canadian Homicide Law” exposes some of the uncertainties in Canadian homicide law. Every...

Compared with many states, Canada has taken a restrained approach to anti-terrorism since the events of 11 September 2001. This paper briefly recounts Canada’s experience with terrorism to demonstrate that Canada, like many other states, is familiar with terrorism and faces real risks of...

This article addresses a long-standing controversy in many antitrust/competition law regimes around the world, including Canada, as to the appropriate role for private enforcement of competition laws. The United States, from the origins of its antitrust law in 1890, has provided for an expansive...

This paper assesses the policy-making process behind the Canadian Parliament's mandated review of the Anti-terrorism Act (ATA) and the expiry of preventive arrests and investigative hearings in the ATA. As such, it provides a preliminary glimpse into the complexities of national security...

Since its 1982 enactment, the Canadian Charter of Rights and Freedoms has become one of the cornerstones of Canada. It is a document that has political and social as well as legal significance. Although the Charter entrenches many rights that have universal significance, it also reflects the...

The publication of the first Canadian legal text on victims' rights is a significant event. All those interested in criminal justice should take notice. Joan Barrett's Balancing Charter Interests is an important development that affirms the importance that victims' rights have had in regard to...

The bottom line for those who raise Charter issues when faced with criminal charges is the ability to obtain an effective remedy. The Canadian Bill of Rights was inadequate in part because it did not contain explicit enforcement provisions and s. 24 of the Charter is an attempt to prevent the...

The concluding chapter of Philip B. Heymann's and Juliette N. Kayyem's Protecting Liberty in the Age of Terror is devoted to the very important subject of oversight of extraordinary measures. This chapter contains several important insights with respect to review and oversight of the state's...

The first part of this chapter focuses on the operational challenges that prosecutors face in national security cases. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative...