Sunday, March 05, 2023

Recent Justice-Related Documents from the Government of Canada

The Government of Canada's Weekly Acquisitions List can be a great way to discover new research reports published by various public bodies and agencies of the federal government. It is a record of all publications catalogued in the previous week.

Here are a few recent additions of justice-related documents:

  • The Voice of the Child in Family Law: Exploring Strategies, Challenges, and Best Practices for Canada (original publication date 2019): "The objective of this project is to collect and collate research, describe existing methods to include the children’s voices in family law in Canada (and internationally where relevant), to identify themes, and to develop a comprehensive and accessible literature review. This review provides descriptions of promising practices applicable to various aspects of the voice of the child and discussions of case law."
  • Victims’ Rights in Canada in the 21st Century (written in 2021): "This report will not revisit the well-known territory of theory and philosophy in any significant manner; however, Part I of this report will still explore the relationship between theory and practical change in order to provide some context and framework for the remainder of the report. Part II will explore any significant changes, and the studies which have evaluated these changes, with respect to the rights of victims to participate at trial in the past twenty years and with respect to statutory provisions designed to protect the privacy and dignity of the victim as a witness at trial. Parts III and IV will present similar, but briefer, explorations with respect to the welfare rights or entitlements of victims, as well as developments relating to restorative justice."
  • Victim Privacy and Open Justice: 2.0 At the Frontiers of Change (written in 2020): "The purpose of this report, commissioned by the Research and Statistics Division of the Department of Justice, is to review and update changes to open court and victim privacy principle since 2003, which was the year that Victim Privacy and the Open Court Principle report was written (hereinafter referred to as the 2003 Report). This update maintains symmetry with the structure of the 2003 Report in its review of Supreme Court of Canada jurisprudence and legislative changes since then. By 2003, the Supreme Court strongly endorsed and protected open court, adopting a strong standard of justification that required a sound evidentiary basis to warrant limits to the principle. The “second generation” jurisprudence is consistent with that conception of openness, but notable for accepting restrictions more readily and, in some instances, explicitly on grounds of a victim or participant’s vulnerability (...) The update would not be complete without discussion of two “frontier” developments: the impact of technology, and transformation of public and cultural discourse about sexual offending. First, the challenges to openness posed by technology are briefly identified and analyzed: this includes electronic court records and documents, the electronic courtroom, as well as electronic publicity and publication bans (...) Second, unexpected and major shifts in the narrative of sexual transgression represent a gamechanging development for victims of such offences and their role in the criminal justice system, including their privacy interests. Frustration with the typical justice system response to sexual assault have led some advocates to lobby for changes within the criminal justice system and sanctions that may fall outside the formal justice system. One of the more obvious and interesting points about the three watershed events discussed – #BeenRapedNeverReported, Unfounded, #MeToo – is that the transformation in discourse is for the most part driven by forces connected to, but outside the formal processes of law. Social media activism and investigative journalism have been at the forefront of change. Through the momentum of these broad-based movements, the social, psychological and cultural environment of sexual transgression has undergone fundamental change, with positive results for the reporting of offences, their handling by Canadian police forces, and victim perceptions of their status in criminal justice and willingness to step forward on their own and in solidarity with others, whether anonymously or not. "
  • Review of International Child Support Models Volume I – Main Report (written in 2019): "As part of ongoing legal policy work, the Department of Justice Canada contracted with Kelly Sears Consulting Group to conduct an extensive review of international models used to determine child support amounts. The overall purpose of the research was to review and analyze child  support models with a focus on how selected issues are addressed. The jurisdictions included in this study were: the United Kingdom, Australia, France, Norway, Sweden, New Zealand, and the American states of Wisconsin, Delaware, Illinois, and Vermont. "
  • Review of International Child Support Models Volume II – Jurisdictional Summaries

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posted by Michel-Adrien at 7:55 pm


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