Articles on Law

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Australian governments have too often succumbed to perceived community pressure to limit parole authorities’ independence and powers. AAP/Samantha Manchee

Political interventions have undermined the parole system’s effectiveness and independence

Government and judicial interventions into the decisions of parole boards display a progressive loss of faith in these independent bodies.
Debbie Baptiste, the mother of Colten Boushie, enters the Court of Queen’s Bench as the jury is in deliberation in the trial of Gerald Stanley, the farmer accused of killing her 22-year-old son, in Battleford, Sask., Friday, February 9, 2018. (THE CANADIAN PRESS/Liam Richards)

How racial bias likely impacted the Stanley verdict

Racial bias likely played a role in the Gerald Stanley case. This article explains how racial dynamics and process failures enabled systemic racism to play a part in Stanley’s acquittal.
Gerald Stanley enters the courthouse in Battleford, Sask., in February 2018 during his trial in the death of Colten Boushie, an Indigenous man. The use by Stanley’s defence team of peremptory challenges produced an all-white jury in his trial. THE CANADIAN PRESS/Liam Richards

A good first step towards diverse, impartial Canadian juries

The Canadian government's criminal justice bill would abolish what are known as peremptory challenges. Here's why that's long overdue.
In a 2016 ABS survey, one in two women reported having experienced sexual harassment, but 90% of them did not contact the police. Cindy Zhi/The Conversation NY-BD-CC

#MeToo exposes legal failures, but ‘trial by Twitter’ isn’t one of them

Critics say that #MeToo has turned the legal principle of innocent until proven guilty on its head, but such comments privilege the rights of perpetrators over justice for victims.
Donut King is a franchise of the Retail Food Group, a business under fire for allegations of underpaying staff. Alpha/Flickr

What’s going wrong with Australia’s franchises?

Two well-known franchises have come under fire this week for problems when reporting their business results. We answer four questions about the business model and why these scandals are reoccuring.
Colten Boushie’s uncle Alvin Baptiste raises an eagle’s wing as demonstrators gather outside of the courthouse in North Battleford, Sask., on Saturday, Feb. 10, 2018. THE CANADIAN PRESS/Matt Smith

The myth of the Wheat King and the killing of Colten Boushie

In the acquittal of Gerald Stanley we must remember how one-sided systematic remembering in Canada has been. We must remember how Canadian-state law created the myth of the homesteader as Wheat King.
When an employee is dismissed after making a complaint, it’s relatively easy for the employer to hide the true reason for dismissal. www.shutterstock.com

What happens when employees are fired for complaining at work

The way victimisation cases are interpreted by the courts often leaves employees defenceless and gives employers excessive managerial powers.
People gather in Edmonton during a rally in response to Gerald Stanley’s acquittal in the shooting death of Colten Boushie. THE CANADIAN PRESS/Jason Franson

Broken system: Why is a quarter of Canada’s prison population Indigenous?

Colten Boushie's death and the subsequent acquittal of his killer has fuelled loud calls for reforms to Canada's criminal justice system and its treatment of the Indigenous. Why has it taken so long?
Long Island City’s 5Pointz, a mecca for graffiti artists, was demolished in 2014. AP Photo/Frank Franklin II

What the 5Pointz ruling means for street artists

A judge in New York City just awarded graffiti artists US$6.7 million after a developer whitewashed their murals. On the surface, it seems like a huge victory for street artists. But could it backfire?
Ontario Premier Kathleen Wynne, seen here at the provincial legislature in January, is among politicians who have threatened to sue political foes. THE CANADIAN PRESS/Frank Gunn

A SLAPP in the face: Democracy suffers when politicians go to court

The trend of politicians suing other politicians is worrisome since it risks limiting free speech. But there's a solution at hand known as anti-SLAPP legislation.

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