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This paper looks at how the U.S., Canada, Australia, and Great Britain use their tax systems to provide benefits to low-income workers and their families. Among other things, this paper considers the participation rates of tax versus traditional welfare programs and whether tax expenditures like the U.S. earned income tax credit and child tax credit are and should be scored as tax breaks or as expenditures. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In this paper I focus on the outcomes of hybrid forms of governance. Such hybrids are characterized by an arrangement of tasks and responsibilities, regarding regulatory governance, between public and private sector actors. Empirically the paper is based on regulatory reforms in Australian and Canadian built environment policy. Within these countries building regulations are drawn up on Federal level, whilst the implementation and enforcement of these regulations comes to State, Territorial and Provincial governments. In order to speed up process times and lower administrative burden private sector involvement was introduced in the 1980/1990s with differences amongst States, Territories and Provinces.Based on a series of elite interviews and secondary accounts I discuss the outcomes of these new hybrid forms of governance. It is found that a certain relationship appears to exist between the amount of private sector involvement in a hybrid form of governance and its outcomes. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

My presentation will be an examination of certain theories of Michel Foucault, particularly his thinking on the concept of "governmentality", which he used to examine the workings of power and resistance in advanced liberal societies. I will use Foucault's ideas, as well as the ideas of other Foucaultian scholars, such as the British Sociologist Nicolas Rose, to examine a number of closely related issues concerning Canadian mental health law and policy that have arisen in the past 30 years, including:1. policies underlying the closure of psychiatric asylums across Canada;2. legal tests that have developed in provincial mental health law regimes for determining patients' psychological capacity to consent to medical treatment; and3. laws related to challenging involuntary medical treatment orders.This presentation will draw on empirical research I am conducting as a Ph.D. candidate in the faculty of law at the University of Victoria. While this research focuses on the mental health law regime in British Columbia, I will make reference to evidence concerning the consequences of mental health laws and policies in various other provinces. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper proposes to analyze the film industry's take on the legislation about institutionalized educational initiatives of segregation and assimilation of aboriginal children in the 19th and early 20th centuries. The frame of reference of such segregation and assimilation initiatives are, for example, the Native American Boarding Schools in the US; the Residential School System in Canada; and the Native Settlements in Australia. Educational initiatives that became known as the "native boarding schools" have been featured in approximately a dozen English language movies in the past thirty years, ranging from independent short documentaries to feature-film blockbusters. The popularity of the topic, either as a central part of the plot or as an underlying theme, has increased considerably in the past decade. This paper speculates how this increase in popularity relates to initiatives by governmental and non-governmental organizations to discuss the theme openly and to redress wrongdoings that these systems may have caused. Pop culture is an efficient tool to measure the social impact of historical facts and the redistributive justice initiatives they put in motion. Pop culture and the communications industry also assume the role of a powerful tool to tell or retell stories of injustice and inequality. In this light, the paper discusses the recurring method of presenting the historical legislation regarding those educational initiatives: dark portrayals that usually make use of personal accounts based on true stories. Pop culture repeatedly puts a face to the suffering and wrongdoing caused by these historical accounts, transforming them into remarkably useful reminders of law, power and inequality lessons that should be learned from the past as we move forward in the study and promotion of human rights and intercultural comprehension in the 21st century. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The understanding of the always potentially politicized nature of criminal law and the fragile premises of criminal procedure and criminal process were among the animating hallmarks of Dianne Martin's work. The cases I have selected for this paper were tried in her home city of Regina when it was still a small dusty territorial capital. While acknowledging that homicide prosecutions form a minute fraction of the criminal cases involving Aboriginal accused persons in the nineteenth-century Canadian Plains, the two case studies in this paper address issues near to her heart: the role of defence counsel, the fragilities and complexities of evidence in criminal trials, the plight of marginalized persons in criminal prosecutions, and the political processes that impact upon those who have been convicted. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

As economist Nicholas Stern declared in his much-publicized report to the U.K. government in the fall of 2006, climate change is "the greatest and widest-ranging market failure ever seen." In order to address this global market failure, economists generally favour two possible policy responses. First, by setting an annual cap on global emissions and requiring emitters to purchase emissions credits either from a regulator or from other emitters, so-called emissions-trading regimes create a price for carbon emissions which creates market incentives for emitters to reduce their emissions and for individuals and enterprises to develop alternative low-carbon technologies. Alternatively, governments can set this price directly through a tax on carbon emissions or (as a close proxy for these emissions) on the carbon content of fossil fuels. Over the past 15 years, governments have experimented with each of these policy approaches.While the ultimate policy goal of capping annual emissions might suggest that an emissions-trading system is preferable to a tax regime, the enormous political challenges to the creation of a global trading system - exemplified by the limited success of the Kyoto Protocol - suggests that carbon taxation might be a more politically feasible strategy to encourage emission reductions over the short term. In addition, as the Stern Report explains, uncertainties about the social costs of carbon emissions and the costs of adaptation to climate change over time might also favour carbon taxation over emissions trading as an initial strategy to reduce GHG emissions. As well, uncertainty about the price for carbon emissions that might emerge under an emissions-trading regime has caused some sectors of the business community to favour a carbon tax which establishes a clear and certain price for emissions.The purpose of this paper is to inform the debate about carbon taxation in Canada and other developed countries by explaining the theoretical case for carbon taxation and reviewing the design and experience with carbon taxation in countries such as the Scandinavian countries and the United Kingdom. The paper should be approximately 40-60 double-spaced pages in length. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

'Indigenous law' is emerging as a new and distinct academic discipline within an institutional context of Canadian law schools. The first tentative teaching experiments have already begun: Elders, or other authoritative speakers, are invited to the classroom at McGill; students in Ottawa are taken to the Elders themselves; and Victoria has recently proposed a 'Bachelors of Indigenous Law' as a distinct program. While these are exciting new developments, there are potential parallels with the creation of 'African law' as an academic discipline in Britain during the 1950s. Translating normative practices of distinct communities into a legal discipline then involved institutionalizing, codifying, rarifying and distilling practices into principle, and custom into law. 'Indigenous law' is also, somehow, created through the process of formally 'teaching it' in the academy.This paper raises critical concerns grouped under three themes - ontology, epistemology and ethics. Ontological questions ask how indigenous laws are recognized and distinguished from 'western' laws, in particular the translating trope of orality-versus-literacy. Epistemological issues about the nature of knowledge and learning revolve around who is the expert, and who sanctifies that expert. Ethical questions address the student's role in such interactions, especially as most students will not share the language or nomos of the expert. This paper's goal is a modest one of pointing to dangers of definition, authority and translation. In so doing we might inoculate, if not immunize, ourselves against outright transgressions against indigenous others. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will explore the recent constitution of 'sex trafficking' as an urgent problem in three first-world ('recieving') countries - the United States, Australia and Canada. These countries are all signatories to the United Nations Protocol to Prevent Trafficking and have all developed extensive legal and policy mechanisms over the last decade to address and prevent sex trafficking. This paper explores the nature of these legal and policy mechanisms, exploring similarities and differences between the three countires. It examines the positioning of trafficking as a gendered crime associated with prostitution and the impact of this positioning on women migating for sex work. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will examine the problematic location of authenticity in recent court cases that deal with the legacy of Indian Residential Schools in Canada. Between 1876 and 1986 the Canadian government ran a system of boarding schools for aboriginal children. Many of the thousands of aboriginal people who attended these schools have sued the federal government for physical and sexual abuse, negligence, breach of fiduciary duty, and significantly, loss of culture and language. Neither the courts nor the federal government will recognize loss of culture and language as a legal cause of action. While the courts have awarded damages for assault they have done so based on a calculation of what the aboriginal plaintiffs' lives would have been like minus their residential school experience. This is the "original position" that all tort proceedings seek to determine, and the courts have constructed these in ways that present aboriginal lives as already highly damaged and culturally compromised. In this paper I will examine the contradictory implications of arguing culture loss as a basis of legal redress. Aboriginal people are more often required to show that they have retained an authentic culture rather than that they have lost one; taking the loss of culture to court presents certain risks and reverses the burden of proof in problematic ways. I argue, however, that loss of culture and language is one strategy—with costs—for aboriginal people to make claims about the broader but less legally recognizable injuries of race and colonization. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper explores the way two federal systems, the EU and Canada, have undergone a shift to the rights model of disability in their approaches to social policy. It examines how the shift to a rights-model occurred in different ways, from a largely top-down process in the EU and largely bottom-up process in Canada, but resulted in comparable constitutional protections from discrimination. Focusing on disability is useful because, in comparison to other forms of anti-discrimination rights, disability rights would seem to constitute an unlikely (if not 'least likely') case. The paper will consider the implications the shift in the disability policy paradigm has for the spread of 'adversarial legalism' as a form of governance across the developed world. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines the role played by rule of law norms in contemporary Canadian church sanctuary incidents. These incidents generally involve unsuccessful refugee claimants who assert that their claims were denied in error. To avoid imminent deportation, sanctuary seekers request permission from faith-based communities to reside indefinitely within church buildings. Because the state is reluctant to undertake law enforcement activities within church buildings, sanctuary usually results in de facto stays of deportation. Faith-based communities offering sanctuary then seek to negotiate long-term solutions with immigration officials, often leading to discretionary grants of Canadian permanent residence. In this paper, I argue that Canadian church sanctuary practices can be understood as interventions by faith-based communities to correct errors emerging from a procedurally flawed official refugee determination system. I suggest that these interventions offer a legal pluralist model for effective civil society challenges to "legally exceptional" state border control governance -- i.e. governance that departs from regular rule of law norms. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines women's entry and advancement within French Canada's civil law tradition of a dual system of notaires and avocats within law practice. The two arms of the profession have developed along exclusive legal jurisdictions codified through law, contrasting professional structures, and separate content and styles of legal practice. Yet, this divisive profession shares a common foundation through law school and professional training, and their respective practices of law occasionally overlap and conflict in the competition for clientele, services, and professional status. Women have entered law practice in Quebec at a critical juncture in the transformation of the legal profession, and their entry coincides with the emergence of exclusionary processes both within and across these two corporations of law practitioners. The paper reports findings from a large-scale survey and a smaller sample of in depth interviews with both women avocates and notaires in Quebec. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper examines the status of legal education as the subject of research, practice and professional identity. It draws on empirical research conducted in the UK and Canada to explore the ways in which legal education as a research area is regarded by legal academics (especially those whose research expertise lies elsewhere within the discipline of law), looking at its value or otherwise as an academic enterprise. It then goes on to examine some of the ways in which legal academics engage with both the practice and theoretical aspects of legal education, and finally it looks at the place of legal education in the construction of the professional identities of legal academics. In examining these issues, the paper will draw on literature from a range of disciplines to think about notions such as the place of reflective practice in legal academia, ideas of 'professionalism' and 'vocation' and the ways in which professional identity construction and the 'culture' of the discipline of law affect our attitudes towards legal education. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper aims at discussing the heterogeneity of the institutional forms of conflict resolution in administrative justice systems, especially immigration law, and their relations to the rule of law and to the criminal justice system. Based on ethnographic fieldwork conducted at the Immigration and Refugee Board (the largest administrative tribunal in Canada), my paper focuses in particular on the role of discretionary power and punitive practices in the regulation of immigration. I argue that new forms of conflict resolution (in non-criminal justice systems) do not necessary lead to the implementation of more inclusive models of social control and/or to the adoption of a liberal and republican-oriented agenda in which non-citizens would be included in the already established rule of law (whether it is democratic or not). To the contrary, the available data suggest the configuration of a continuous state of exception within the rule of law in Canada where immigrants are often rather being ruled by law in an exclusive and punitive manner without the protection of the most basic civil rights or procedural guarantees generally available to citizens. The rule of law model offered by Western States to developing countries may not be as universal and democratic as it says it is. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The paper draws together three threads of cases dealing regularly with photographic images of minors: 1) child modeling cases; 2) paparazzi cases; and 3) child pornography cases. In various ways, these three threads all deal with the tensions between the rights of photographers and the rights of the subjects of photographs. While the dominant tension is that between intellectual property and privacy rights, the paper's focus on images of minors reveals further tensions regarding the law's treatment of recording technologies more generally -- as both capable of capturing historical events and of being authorially manipulated, both in the image itself and in the meaning of the image due to its contextual placement. Because of the additional social concerns photographs of children inspire, anxieties about visual representation are particularly acute in these cases, making a comparison of U.S. and Canadian approaches to photographs of minors particularly illuminating of each legal culture's orientation toward the visual, and the power relationships expressed through visual means. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The indigenous peoples of Australia, New Zealand and Canada have concepts and paradigms relating to the family and care of children that give rise to specific customary laws which differ from State law relating to the family. This paper examines the practice of "customary adoption" amongst indigenous groups in these three countries. Using case studies, it compares the legal status of customary adoption in three former colonial countries: New Zealand, Canada, and Australia. The extent to which the adoption and guardianship law of these three countries acknowledges and provides for an indigenous view of the family that differs from the predominant European view is explored. Case law, statutory provisions and relevant literature are analysed to shed light on the role of "customary adoptions" in contemporary society. In particular the similarities and differences between "customary adoptions" and State adoptions are canvassed to elucidate why customary adoption has persisted in all three countries regardless of the differing degrees of formal legal recognition provided. Given the persistence of customary adoption it is difficult to support an argument that customary adoptions are merely an anachronism that will eventually be discarded, rather the persistence of this form of structuring indigenous families suggests its relevance as a contemporary expression of a dynamic culture. Drawing on this insight the paper considers whether the legal systems of these three countries should provide formal legal recognition of these practices, informal acceptance, or legislate to expressly exclude customary adoption. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The Supreme Court of Canada's, Health Services decision marked a major reversal in its interpretation of the scope of freedom of association as it applies to labour law, recognizing for the first time that the Charter protects collective bargaining. This paper will assess the impact of that decision, first by locating it against the changing political economic context of Canadian labour law, emphasizing changes in the labour market that have weakened the labour movement's ability to make gains through collective action, and the shift from soft Keynesian welfare state policies to a competitiveness strategy. Against this difficult background, the paper will consider how much work the Charter can do, especially if it is limited to constitutionalizing basic elements of the Wagner Act model. The ideological impact of shifting labour rights from from a discourse of class to a discourse of human rights will also be considered. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Judicial Activism is a charge that is often made but rarely understood. Critics have suggested that in recent years the Canadian Supreme Court has on the one hand limited the individual protections against unreasonable search and seizure by the state, while expanding equality provisions to gays and lesbians in ways not originally intended. This paper explores judicial activism historically, considers the types of activism often cited by critics and confronts the central misunderstanding about the charter, and the constitutional implications which result. In examining recent case law related to sections 8 and 15, this paper argues that the Court has favored a balanced approach, protecting a core sphere against state search and expanding equality provisions in theory while limiting its immediate application. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Indigenous peoples in Canada have their own laws which continue to regulate their lives and have an important influence on other societies around them. This paper will argue that Canadian law schools could play an important role in facilitating the teaching of Indigenous laws. However, the paper will also contend that such teaching should not be undertaken unless it is done by appropriately trained people, in the proper setting, under the direction of Indigenous communities and leaders, and with the support of other key institutions in Canadian law. In this light, this paper will examine steps the University of Victoria Faculty of Law has taken to develop an Indigenous Law Degree. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In this paper, examine the processes of Refugee Status Determination in the United States and Canada, and ask the question: how do administrative tribunals deal with the problem of due process when they are under case load stress? I imagine case load stress to be both quantitative (numbers of applications lodged), and qualitative (new types of claims for which the decision makers are unprepared). I describe the myriad administrative strategies that have been tried to address these trends, and I explain how and why each country's system design allows for particular approaches. Examples of administrative approaches are: shortening written opinions restricting access to in-person hearings, and developing guidelines for deciding groups of cases together. In the paper, I devote some attention to the fundamental problem of individual case decision-making under circumstances in which reliable information is hard to come by and verify. I also explore instances of contention around various streamlining strategies in both countries, and the varying levels of success in litigating them. This paper should be of interest to scholars of refugee law, and also people interested in access to justice, particularly for disenfranchised groups. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In this paper, colonialism stands as a prime instance of Giorgio Agamben's "rule of exception", exemplified in the Canadian context by the instatement of land treaties and the Indian Act. This reading of Agamben supports my claim that a more politically-astute interpretation of the state of exception leads to insights on how and why the "rule of exception" must be challenged, particularly as it represents a taking of Kantian logic to its own extreme ends. References to postcolonial texts by Aimé Césaire and Frantz Fanon lend greater support to the interpretation of colonialism as the "rule of exception" on two fronts: first, in historically contextualizing from the colonial perspective the type of logic of sovereign power that places life and justice secondary (or in service) to the state, and; second, in contributing to the task of theorizing the type of "legitimate" dissent that could effectively challenge the state of exception, as well as state law as a force of sovereignty in general. The particular historical instance of the Haudenosaunee from the Six Nations Reserve in Southern Ontario is referenced to help illustrate the complex of relations discussed in this paper. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In recognition of the different languages of law and different legal traditions operative on its territory, the federal government of Canada has undertaken a program of harmonization. It attempts to speak law in both official languages and to enact federal laws that speak to both common law and civil law. This paper underscores the metaphorical character of the idea of harmonization, challenging some of the assumptions underlying its appropriation by jurists. Examining instances of supposed harmonization and a critical musicological literature, the paper suggests that the processes evident as federal law attempts to extend its reach across the diverse provinces are perhaps better viewed as ones of improvisation. The metaphor of improvisation brings into sight the unpredictability and performativity of cross-linguistic and cross-tradition encounters, while acknowledging the extent to which such encounters are always embedded in practices and conventions. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In his famous essay on "Traditional and the Individual Talent," T.S. Eliot, as both author and literary critic, examines literary history as a paradoxical relationship between originality and tradition. This paper seeks to do the same for legal history by closely analyzing how judges, as both authors and legal critics, creatively construct order out of a dynamic tradition of precedent. Arguing that Eliot's insights for literary history as to the "perception, not only of the pastness of the past, but of its presence" equally apply to legal history, the paper analyses specific discursive strategies in judgment writing by which this simultaneous sense of timelessness and originality is created. This presentation would focus on three key decisions of the Supreme Court of Canada and the published reflections of Bertha Wilson, Rosalie Abella, and Benjamin Cardozo on law as literature and Oliver Wendell Holmes Jr. on the common law to describe the particular writing and judging practices that re-create order from the legal canon and create a sense of precedential timelessness out of dynamic shifts in the lineages of judgments, and how these practices have been implemented in Canada's high court. Through a close reading of these judgments, the presentation will consider how judgments are placed or displaced within a lineage of cases and within or outside the canon and how judges construct authority for specific judgments. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In his discussion of the contemporary politics of uncertainty, Richard Ericson draws our attention to the growing trend of criminalizing the merely suspicious. At the heart of this trend is a proliferation and normalization of security measures intended to "preempt imagined sources of harm" (Ericson 2007). This paper explores the contemporary Canadian immigration security certificate mechanism as a case study in the politics of uncertainty. Political-discursive and concrete legal processes are discussed. Official government discourse about security certificates is characterized by a valuation of precautionary action against non-citizens on the basis of categorical suspicion. Certificates are applied through an executive act of "deeming" (Butler 2004) that translates suspicion into a finding of threat. In concrete terms, this involves the use of "counter-law" (Ericison 2007) to arrest and detain individuals through a process that employs coercive means but carefully avoids the traditional criminal justice system - and its associated safeguards. The paper concludes by discussing the ways in which security certificates and other mechanisms associated with the new politics of uncertainty recognize and reinforce pernicious binary distinctions between 'good citizens' and 'threatening others'. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

In his report for the Law Commission of Canada, Indigenous Legal Traditions in Canada, John Borrows argues that "powers ofinterpretation and judgment [of Indigenous legal traditions] should not be vested in legislators or judges." Starting from that premise, inthis paper I argue that the use of Indigenous dispute resolution methods is integral to Indigenous legal traditions, and that any recognitionof Indigenous communities, rights, and legal traditions and enforcement of Indigenous rights through the common law adjudicationprocess is against the norms of Indigenous cultures. Being an extraneous process to Indigenous cultures and values, adjudication actsboth as a barrier for the enforcement of Indigenous rights and as a vehicle of displacement of Indigenous legal traditions and, thus, thedisplacement of the identity of Indigenous communities. The paper will present, compare, and contrast the nature of common lawadjudication, judging and judgment (precedent) with Indigenous construction of conflict and dispute resolution mechanisms. Arguing thatlegal pluralism and process pluralism are values already enshrined in the Canadian legal system, the paper makes a strong case that theuse of Indigenous dispute resolution mechanisms is compatible with the positive legal framework and should be implemented for theresolution of both disputes within Indigenous communities and those between Indigenous and non-Indigenous communities. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Halfway houses represent an extremely grey area of the Canadian criminal justice system. Halfway houses are intended to be the "last step" in one's sentence and are used to assist one's reintegration into the community. Therefore, these facilities reflect the halfway point between prison and independent life in the community. This transitional zone is intended to represent a "realistic living environment" while combining aspects of governance and supervision with social support and counselling. Within this unique environment, frontline workers, those that have direct contact with the 'client' population, are responsible for taking on the roles of both "guard" and social worker. Understanding that aspects of safety and security are paramount in correctional facilities and thus supersede personal care and counselling, one must question the ability of frontline workers to combine two roles that philosophically conflict. Based on ethnographic interviews with frontline workers in one halfway house for women in Ontario, this paper explores how frontline workers seek to simultaneously fulfill the roles of 'guards' (i.e. monitoring behaviour and enforcing conditions of parole) and social workers (i.e. providing drug and alcohol counselling). Taking this puzzle as the point of departure, this paper also explores how issues of governance come to dominate the work of frontline workers, and how the structure of community correctional facilities limits frontline workers' ability to provide adequate social support for criminalized women. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Few cases have polarized Canadian public opinion like the Latimer case did. After serving seven years in a federal penitentiary for the "mercy killing" of his 12-year old severally handicapped daughter, Saskatchewan farmer, Robert Latimer, was denied day parole by the National Parole Board of Canada on December 05, 2007. Despite in-prison psychological and parole reports indicating that Latimer constituted a low risk to reoffend, Parole Board members denied his request on the apparent sole basis that he had not developed sufficient insight and understanding into his actions. Likening Latimer's "lack of remorse" to Michel Foucault's notion of confession, this paper will reflect on the place that the confession occupies as the traditional focal point of Criminal law and the Criminal justice apparatus. The paper will question the privileged status traditionally conferred to the confession within the hierarchy of legal proof. It will also reflect on the confession as the only valuable way for offenders to re-take their place within the ritual of "Truth" production. As a particular discursive transaction, thus, the confession will be discussed as an obligatory passage point, that is as an oral corroboration indispensable to complete the written demonstration (i.e. psychological and parole reports) of an offender's successful integration of the "Truth" about him and his crime. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

David Ahenakew was charged with wilfully promoting hatred against an identifiable group, namely people of the Jewish faith, as a result of statements that he had made on December 13th, 2002, during a speech and a subsequent interview with James Parker, a reporter with the Saskatoon Star Phoenix newspaper, contrary to Section 319(2), Wilful Promotion of Hatred, of The Criminal Code of Canada. As in most cases of alleged hate crimes, however, assessing the actual intent and motives of the accused is difficult. The case of R. v. Ahenakew brought national attention to the issue of hate crimes and antisemitism in Canada. Indeed, this case highlights the fact that hate crimes are not just about an individual victim, but the entire ethnic, religious, cultural, or sexual community that they represent.At issue in this case was whether or not Mr. Ahenakew had a private conversation with Mr. Parker, as Ahenakew maintained, or if he and Mr. Parker did indeed engage in an official media interview for public consumption. If the latter had occurred, then Mr. Ahenakew would not have been able to claim that his statements about Jews were made during the course of a private conversation and thus not subject to Canada's Criminal Code provisions governing hate propaganda. Moreover, the judge had to decide if Ahenakew wilfully promoted hatred towards peoples of the Jewish faith.This paper will analyze the decision in Ahenakew's original trial and the subsequent appeal decision which overturned his conviction and ordered a new trial. In so doing, this study will attempt to address the pertinent legal questions surrounding the prosecution of hate crimes in Canada, most notably the concept of "wilful promotion of hatred." Similarly, this paper will assess the defences against a charge of wilfully promoting hatred that exist within Canadian law and whether or not these defences strengthen or weaken an individual's freedom of expression as contained in Section 2 of the Canadian Charter of Rights and Freedoms. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Crime control has featured prominently in the 39th Parliament of Canada as politicians left and right aim to 'tackle' a phantom menace. To absorb the influx of new prisoners as a result of the passage of 'tougher' sentencing laws, the Government of Canada has set aside $245 million to build two additional federal penitentiaries and upgrade existing facilities. In this paper, I will argue that researchers need to draw from Marxist and Foucaultian understandings of crime control and punishment to address where these prisons will be built and why. To illustrate the need for theoretical complementarity in the study of penal geography, I will analyze an economic development strategy created and tabled by the gouvernement du Québec in January 2007 that recommends that the mayors of the comté du Pontiac actively lobby the federal government to construct a new federal penitentiary in the area. The author of the strategy argues that such a project would address local unemployment and the needs of prisoners who wish to be close to their families in Toronto, Ottawa and Montreal. Based on existing literature on prison construction in the United States, I will discuss the potential economic benefits and pitfalls of constructing a federal penitentiary in Pontiac, while also discussing possible impacts for prisoners and their loved ones. This paper will conclude with a discussion of the merits and limitations of the configuration of penal geography deployed. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

itics have described lack of accountability as the "Achilles' heel" of publicly funded heath care in Canada. Growing decentralization and privatization in Canadian health care have contributed to concern from the public and the Committee on Economic, Social and Cultural rights for more coherent, transparent and accountable health care resource allocation decisions. A constitutional gloss was recognized by the Supreme Court of Canada's 2005 decision finding that restrictions on access to private health care, in the context of insufficiently justified long wait times in the public system, violated guarantees of security of the person. Meanwhile, governance theorists continue to suggest that the right kinds of citizen-participation-driven processes can overcome deficits in accountability in the provision of public services, particularly in decentralized systems. Dominant themes, which include benchmarking, parallel experimentation, flexibility, transpar ency and accounting, are increasingly evident in all levels of health care law and policy reform in Canada and in the international health and human rights discourse. This paper examines whether and how governance-based mechanisms can serve the right to health as understood in international law. It draws on two main examples: (1) access to needle exchange programs for the prevention of HIV/AIDS - an intervention that is well-supported by scientific and human rights literature but subject to ideological resistance and NIMBYism; and (2) management of wait lists for common medical procedures. The paper considers the hospitability of existing Canadian constitutional doctrine to governance based enforcement of a right to health, and evaluates he potential of procedurally-grounded solutions for overcoming abuse of rights of marginalized individuals and communities. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper addresses the question: What is the connection between "core values" or "constitutive perspectives" of the public, support for policy alternatives, and the enactment of legislation to control animals? The primary hypothesis is that persons who perceive a subject (in this paper, animals) from a legal rights perspective, those who perceive the subject from a relationship perspective as friend or family member, and those persons who adopt a religious perspective toward the subject will support different legislative alternatives. The alternatives include bans or the elimination of certain breeds of domestic animals and selected categories of animal welfare legislation. Also, we hypothesize that the distribution of these perspectives differs from nation to nation. To assess the hypotheses we employ data from a survey that we have conducted of more than 4,000 Americans, Australians, Britons, and Canadians that measures attitudes about rights, the status of human-animal relations, and preferred animal policy alternatives, a database of legislation constructed by the authors, and data from surveys of US and Canadian public officials. Our conclusions will address how various core values are related to certain differences in patterns of legislation. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Health is undoubtedly one of the most important conditions for the achievement of equality and freedom. In recent years, important data demonstrates that health inequality is also related to other social disadvantages such as economic inequality, lack of educational and job opportunities as well as geographical location.Conversely, health has not yet been trumped in the discourse of fundamental rights at the national level despite its recognition as a human right internationally. To a significant extent, this situation is the result of the artificial bifurcation of social-economic rights and, political and civil rights that has been exacerbated by the influence of neoliberal values emerging in the last few decades. Consequently, one of the great challenges for the contemporary discourse of rights is to create new strategies that enable social rights claims in the Liberal Welfare State. This paper proposes one alternative to accomplish that. Departing from a capability view of health, this paper explores the theoretical foundations for the recognition of a fundamental right to health as a more comprehensive approach than just health care proposed by some authors. In doing so, I suggest that the grounds for understanding a right to health -constitutionally guaranteed or not- have to be found in the principle of substantive equality that inform any serious discussion of social equity and justice. In that sense, demands for a right to health can be resolved as a question of equality in health within the Canadian context. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Abstract: Understanding Legal and Institutional Responsibilities: Money Laundering and Terrorism Financing Detection in a Canadian Financial InstitutionVanessa Iafolla, University of Toronto vanessa.iafolla@gmail.comUnder the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), employees in specific industries that deal with cash transactions are responsibilized to report all transactions that are deemed suspicious to the appropriate authority. What is deemed 'suspicious' or 'unusual' is to be decided in accordance within both legal and institutional knowledges. This paper analyzes the implementation of the PCMLTFA in one of Canada's largest financial institutions, examining how the 'expert knowledge' of financial institutions and 'on-the-job' knowledge is both produced and acquired by retail branch employees combine with legal obligations to influence Unusual Transaction Reporting by tellers and their supervisors in this particular bank. As the employment responsibilities of these individuals ensures that they are the first (and often only) point of contact that individuals have with the bank, tellers and their supervisors as particularly suitable for uncovering possible misuse of financial services according to both the PCMLTFA and the best practices of the financial institution. In particular, this paper will examine how employees understand, balance, and act within the competing demands of "profit-building" on the part of the institution for which they work, and the detection of money laundering as outlined in the legislation. Through interviews with tellers and their supervisors, this paper attempts to shed light on an area of policing and organized crime research that, in the Canadian context, has generally gone unnoticed. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper draws on empirical studies of legal academics in a range of Canadian and English law schools to explore the formation of professional identities and the changing legal cultures in which they play out their role. Acknowledging the difficulties inherent in the enterprise of comparative sociology of education, the paper explores some major similarities and differences between the working lives of legal academics in England and Canada, and places these in the context of contemporary developments in higher education policy before drawing some preliminary conclusions about the changing culture of legal education in these two jurisdictions. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The paper forms part of a collective biography on the first four women to sit as judges of the Supreme Court of Canada. Each has been a pioneer in her own way: Bertha Wilson (1982-1991) was the Court's first woman judge; Claire L'Heureux Dube (1987-2002) was its most openly feminist judge; Beverley McLachlin (1989-present) was the first woman to be named Chief Justice of Canada; and Louise Arbour (1999-2004), before and after her tenure at the Court, would be the first Canadian woman to assume positions of leadership in key international human rights institutions.The paper will draw these women together through their experiences at the Supreme Court. It explores how each saw herself as an individual, as a woman, and as a judge. It examines each woman's conception of rights, and the way that conception is reflected in her jurisprudence. In addition, it explores their perceptions of the Court, of the judge's role, and of law as an agent of change. Most of all, it considers the distinction they share, of being the Supreme Court's first women judges. In 2007, the year of the Charter's 25th anniversary, the paper for Berlin will focus on the way these four women contributed to and influenced our understanding of rights, including - but not limited to - the rights of women. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Based on research in both adult and youth courts across Toronto, Ontario, Canada this paper discusses my observations of the 'everyday' in the courtroom and how law in its formality is constituted amidst the everyday informalities within a legal domain. Socio-legal and/or legal consciousness research has categorically distinguished law from what is referred to as 'the everyday' characterizing the everyday as a lived reality of unproblematic, grounded experience, self-evident and taken-for-granted (Sarat & Kearns 1995:6). The law on the other hand, is seen as distanced from social life, and is characterized primarily by its abstraction and bureaucracy (Sarat & Kearns 1995). This paper focuses on recognizing and exploring the effects of the self-evident and taken-for-granted within what is considered a primarily legal domain. It will discuss how a snapshot of everyday life in court, consisting primarily of interactions (or lack thereof) between legal professionals/colleagues; including conversation and/or other informal social exchanges can leave the observer with the impression that the formal law of the courts may be reduced to fillable forms, legal text, data input into a computer, legal files, and recordings of proceedings. More broadly, this piece considers how the mundane and informal elements of the courtroom's 'everyday' may lead to different understandings of the law's role, and the forms it takes in ordering and influencing social life. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Drug Treatment Courts (DTC) in Canada integrate drug treatment services with the structures of the criminal justice system in attempts to reduce criminal behaviour and disease prevention, create better use of jail facilities and to ensure public safety. Upon admittance to the program clients must plead guilty, vocalize their addiction in court and consequently are forced to comply with several bail conditions, including but not limited to a curfew and spatial boundaries. These boundaries, which are the main focus of this paper, are allocated by the Crown and designate which neighbourhoods clients may or may not enter. Transgressing these boundaries leads to a violation of bail conditions and potential expulsion from DTC. The spatial and racial implications of these boundaries are the focal point of this paper. What precisely is the purpose of these spatial boundaries? Do they help addicts avoid drug use or do they further criminalize racialized poor neighbourhoods? Using court observations from DTC's in Toronto and Vancouver from 2004-2006 I will question the purpose of these boundaries and explore how urban spaces are affected by these bail conditions. This paper will examine how DTC boundaries reinforce the colonial violence of law in space, how they further displace already visible and marked bodies and how they reinforce 'zones of degeneracy'. Overall, this paper will develop an understanding of the post-colonial territoriality of seemingly progressive treatment programs within Canada's Criminal Justice System. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Many modern-day commentators believe that the criminal prosecution of child sexual assault is a relatively recent phenomenon. A review of cases across Canada from 1900 to1975 indicates that children as young as 3, 4 and 5 years of age regularly disclosed sexual abuse, and found themselves in front of judges and juries. Those who study sexual assault will not be startled to learn that so many of our most vulnerable were intrusively violated. What is more unexpected is how many children publicly disclosed the abuse, how many adults initially believed them, and how many prosecutions ensued in these early decades. This paper will examine one trial that occurred in Hull, Quebec in 1951, where five year old Marie Tremblay accused her mother's live-in paramour, Ovila Soulière, of sexual abuse. It will focus on the barriers that faced child witnesses, the presumptions of unreliability that attached to their testimony, and the nature of the research that purportedly justified such conclusions. It will critique the writings of historically eminent English and American jurists, treatise writers, and psychiatrists such as Hale, Wigmore, and Freud, as well as the Canadian-born Barbeau, who falsified sources and drew conclusions well beyond their evidence to condemn child testimony without any reliable basis for doing so. The paper will speak specifically to discrimination based on gender and age. It will also argue that we must understand the historical framework as we attempt to move forward into an egalitarian 21st century on issues such as child sexual abuse. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Although critical race legal theory is most strongly associated with American themes and empirical matter, a Canadian critical indigenous rights commentary has also found its footing north of the American border. This sub-field, motivated by a similar impulse to unmask the ways in which law reproduces racial inequality in liberal-democratic societies, has produced sophisticated analysis and (thus) harsh criticism of Canadian Aboriginal rights law. However, these critiques almost invariantly focus on critiquing the internal logic of court decisions. My paper begins by briefly critiquing a recent 'Canadian' indigenous rights Supreme Court of Canada decision (R. v. Powley, 2003), identifying the racialized gaps and silences which mark its production as an artifact of a colonially inscribed juridical field. In addition to this conventional analysis, this paper then examines the entire corpus of documents which comprise the court decision to demonstrate how attempting to understand how 'law' (re)produces indigenous oppression requires a more sophisticated understanding of complicity of indigenous lawyers and litigants than that present in the simple analysis of court decisions. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Canadians have been confronted in recent years with the reality of wrongful convictions, along with efforts to redress and avoid them. Such attention is long overdue and the names of the exonerated men are well known: Milgaard, Morin, Marshall, Sophonow, and others. Recognizing the importance of identifying miscarriages of justice, this paper seeks to broaden the scope of inquiry. It asks whether dominant conceptions of "wrongful convictions", as well as their commonly cited causes, might be gendered and racialized in a manner that does not capture the experience of women convicted of murder or other serious crimes who might have a valid claim to the label "wrongfully convicted". Aboriginal women who take responsibility for a violent act done by another person in their home or who use lethal violence in self-defence after years of abuse are just some of the examples of women not commonly listed among those wrongfully convicted in Canada. This paper is a preliminary look at whether and how dominant conceptions of the nature, causes, and scope of wrongful convictions might be reconsidered, and what might be at stake in expanding the scope of inquiry. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The private governance of sustainable design features, such as rain gardens and swales, is becoming increasingly common as a practice in multi-owned residential developments in a number of countries. The phenomenon is seen as a means of enhancing local sustainability while reducing environmental and infrastructure costs for local governments and communities. However, some critical issues are emerging in respect of their day-to-day management, particularly in relation to maintenance, liability and performance, and longer-term prospects as a tool for improving sustainability of the local environment.The paper provides a brief overview of experience in New Zealand, Australia, Canada and the United Kingdom. It compares the models of private governance in place and identifies some common issues. It then presents some New Zealand examples of different types of legal entities that have responsibilities for managing sustainable design features. The several layers of local government requirements, rules of the particular entity that has been created to manage the development, and subsequent contractual arrangements established to maintain and manage these features are examined in turn to reveal the rights and powers of local government, developers, owners and managing agents. The paper explores issues of public and private rights and responsibilities and considers whether contractual arrangements that are created both to implement local government requirements and enable owners to manage these features on-site require more active oversight by regulators and policy-makers. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Synopsis of Paper by Jacob Ziegel, Faculty of Law, University of Toronto,For LSA Conference, Consumer Overindebtedness Programme, Berlin, July 25-28, 2007Canada has the dubious distinction of having, in absolute numbers, the second highest number of consumer insolvencies in the Western hemisphere, only the number of consumer insolvencies in the US being higher. On a population rate basis, the rate of Canadian consumer insolvencies is now probably as high as the US rate.For the past twenty years, consumer credit has been readily available to all segments of the Canadian population. There is also convincing evidence of a close correlation between the number of consumer insolvencies in Canada and the outstanding volume of consumer credit. Nevertheless, in addressing the phenomenon of consumer insolvencies and the search for cures, attention in Canada has focused almost entirely on the debtor's behavior and the need to educate Canadian consumers about good budgeting practices and the prudent use of consumer credit. The contribution of creditors to consumer overindebtedness has been almost entirely ignored.In response to this one-dimensional approach, my paper will address inter alia the following questions:(1)The evidence in support of the proposition that the ready availability of consumer credit to all segments of the Canadian population has been an important contributing factor to the escalating number of consumer insolvencies;(2)The political culture explaining the fact that up to now the focus in Canada has been almost entirely on the conduct of consumers as the authors of their own misfortunes and very little on the contributing role of credit grantors;(3)To what extent existing Canadian insolvency and consumer credit laws have failed to encourage prudent credit practices by Canadian credit grantors, and what further steps can and should be taken to induce more responsible conduct on the part of the different classes of consumer credit grantors in Canada. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper explores the nature of the specialist industry of marketing law schools in the United States, Canada and Australia, which has significantly grown over the past decade, along with the growth in a range of influential ranking systems, often with dubious and unreliable methodologies underpinning. It explores the manner in which marketing strategies may influence core activities of law schools as part of their overall -positioning', and in what ways competition amongst law schools for students has led to substantive changes in pedagogy, research profiles, infrastructure in a number of law schools. The paper also critically examines the manner in which various -core constituencies' of law schools, such as prospective students, current students, alumni, prospective donors, the professoriate, central University administration, the legal profession, government, etc -are targeted by marketers and how these constituencies perceive and respond to these marketing strategies. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Canada's long term prisoner population has increased exponentially over the last thirty years as increasing numbers of individuals are sentenced to periods of incarceration in excess of ten years. As these former long-term prisoners are released into society the correctional focus has been on the management and risk minimization of this "problem population". Based on a series of twenty in-depth interviews with long-term ex-prisoners who has successfully reintegrated into society, this paper seeks to expand the discussion by exploring how ex-prisoners negotiate the neo-liberal penal populist discourses, regulatory tactics and stigmatizing practices by the state, its agents and the public. Starting from the understanding that male ex-prisoners are embodied subjects situated within discourses of gender, class and age, the paper will draw on neo-Foucauldian and feminist scholarship to examine how male prisoners position themselves in relation to these often competing discourses. The findings highlight that these men actively engage in processes of contestation and compliance in order to manage challenges, overcome obstacles and negotiate a space in the community. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

This paper will explore the regulation of religious and cultural marriage practices with particular attention to the case of polygamy in Canada and South Africa. The title for the paper is taken from a new Canadian sit-com "Little Mosque on the Prairie" and the HBO series "Big Love". Through a comparative examination of the legal regulation of polygamy, I will explore the ways in which local norms and practises are affected by the criminalization of polygamy and its importance in the history of religious communities' interaction with the state in both countries. For example, in South Africa, Muslim marriages were not recognized as legal by either the colonial or apartheid government in part because of their potentially polygamous nature. The debate over recognition of Muslim marriages (even monogamous ones) continues today. In the Canadian context a well known polygamous Mormon community lives in Bountiful, British Columbia; there have not been charges laid under the Criminal Code of Canada. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

State legislation in Canada has been regarded as one of the most advanced and path breaking state legislations worldwide allowing for legal and cultural diversity in accordance with multiculturalism politics. As laid down in the Ontario Arbitration Act in 1991, this includes faith based arbitration of private matters, in practice particularly familial disputes. After the announcement of shari'a law based arbitration within the frame of organizations representing parts of the Canadian Muslim community in 2003, a vehement dispute arose over the compatibility of Islamic law with Canadian legislation, particularly over the legal and social status of women in Islamic law. This debate led in 2006 to the deletion of any reference whatsoever to religious principles in the Arbitration Act of 1991. The paper is focusing on the controversial debate of this development among migrants in the Muslim community in Canada. It shows how this debate did influence legal practice in Canada and other parts of the world and led to an increasing recourse to alternative or informal, non-officially recognized forms of dispute settlement, including those based on religious principles. The transnational repercussions of the development in Canada, evoked in the migrants' countries of origins, are analyzed in a comparative approach. The paper presents the outline of a research in progress. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Juvenile false confessions are a serious problem throughout the world. In the context of the American criminal justice system, this paper looks at the connections between adolescent psychological development, police interrogation and the juvenile false confession phenomenon. It examines the psychological research on adolescent development and the impact this development can have on an adolescent's decision to waive his or her Miranda rights and on his or her ability to withstand the techniques used by police to obtain confessions. The paper looks briefly at how other Common Law countries such as Canada, Ireland, and the United Kingdom deal with juvenile interrogation and concludes that in order to minimize juvenile false confessions, states should 1) ensure adequate comprehension of the Miranda warnings, 2) change the police procedures for interrogating juveniles, and 3) videotape all interrogations. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Has environmentalism used law to change western government, the economy, and society? This paper explores this larger question by looking at a critical moment in the land laws of British Columbia. Canada's westernmost province makes an interesting case study because, due to colonial policy and geography, the B.C. government plays an unusually instrumental role in the economy. The government owns 95% of the land in an economy dominated by resource industries: forestry, mining, oil and gas, agriculture, and tourism. So when the government responded to the nascent environmental movement by enacting its first environmental laws in the 1970s, those laws emerged within a land-allocation regime long entrenched in the ethos of resource and economic development. British Columbia's true land developer-the government-became the regulator of itself. After outlining the dawn of environmental law, land management and land-and-resource planning in the 1970s, the paper extends its analysis through the so-called wars in the woods that brought environmentalists and First Nations into conflict with industry and government in the 1980s and 1990s. It considers how the new land management regimes shaped not only the government's response to activism, but the tactics and goals of the activists themselves. The paper suggests that the high-profile land-use plans and agreements that resolved battles over such "pristine" areas as Clayoquot Sound and the Great (Spirit) Bear Rainforest may only be perpetuating the development ethos on which the Province, and western society, is founded. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

The purpose of this paper is to mapp out the impact of existing national legislative measures tackling discrimination outside the field of employment and occupation on the grounds of disability, age and sexual orientation. This paper aims to produce an overview and comparison of twenty two existing impact assessments of anti-discrimination legislation in Australia, Belgium, Canada, the Czech Republic, France, Germany, Hungary, the Netherlands, the United Kingdom and the United States of America.. The paper considers the enforcement, acceptance and/or compliance impacts. The paper examines factors, which enhance or impair the effectiveness and acceptance of legal measures. It also analyses how anti-discrimination law is enforced and what are the indicators on enforcement. Finally, the paper considers the economic and social impacts of anti-discrimination law. It outlines and analyses a number of specific costs and benefits as included in national impact assessments of anti-discrimination law. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Since 9/11, the issue of detention of non-citizens suspected of terrorism has been in the spotlight of political, academic and media debate. Many countries have implemented a special certification process for persons deemed to be security threats which allows for their detention and deportation. Given the complicated process of collecting intelligence in national security cases and lengthiness of its examination, such non-citizens can often be detained for months and even years before final decisions on their cases. Even those who are recognized as security threats often cannot be deported because of the risk of torture that they would face in a destination country. These individuals therefore face a potentially indefinite detention. The current security certificate schemes often fail to provide adequate solutions for the above-mentioned scenarios of lengthy detention. This paper argues for the need to find such a solution and offers a comparative analysis of existing practices in Canada, the UK and New Zealand that can serve as the first step in this direction. In scrutinizing the existing cases, the paper specifically focuses on two issues: (1) the different regimes of treatment (if any) of citizens suspected of terrorism and non-citizens held on similar allegations; (2) the possibility non-citizens' release from detention under certain conditions. Drawing on the array of available scenarios and reasoning, the paper attempts to generate a set of factors and conditions that can allow for release of security detainees yet effectively reduce risk of them absconding or posing a danger to community. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]