Celebration of Strong People-to-People Ties Between Canada and China

正I am delighted to have this opportunity to say a few words about the blossoming of the Canada-China relationship,and to tell China Today readers about the joint Canada-China commitment to hold a series of cultural activities in our respective countries over 2013-2014.Let me begin by telling you that this is my third posting to Beijing.I was f irst here in the mid-80s and then again in the late 90s.As such,I’ve witnessed extraordinary changes     

Mental disorder and criminality in Canada

This article examines the relationship between mental disorder and criminality in Canada from the colonial period to the landmark 1992 Mental Disorder Amendments that followed the passing of Bill C-30. The history of this relationship has been shaped by longstanding formal and informal systems of social regulation, by the contests of federal–provincial jurisdiction, by changing trends in the legal and psychiatric professions, and by amendments to the federal Criminal Code. A study of these longer-term features demonstrates that there has been no linear path of progress in Canada's response to mentally unwell offenders. Those caught in the web of crime and mental disorder have been cast and recast over the past 150 years by the changing dynamics of criminal law, psychiatry, and politics. A long historical perspective suggests how earlier and more contemporary struggles over mental disorder and criminality are connected, how these struggles are bound by historical circumstance, and how a few relatively progressive historical moments emerging from these struggles might be recovered, and theorized to advantage.     

The Far North Act in Ontario,Canada: a sons of the soil conflict in the making?

In 2010, the Government of Ontario, Canada passed the controversial Far North Act. The Act purportedly aims to promote land use planning and sustainable development while recognising Aboriginal and Treaty rights. There are, however, early warning signs that the Act could be a breeding ground for future conflict between Indigenous peoples and other stakeholder groups. This article adopts a ‘sons of the soil’ conceptual framework to explore the mechanisms that could give rise to the escalation of Indigenous vs. non-Indigenous conflict. The findings provide important insights for theorising the contentious politics around land and territory in diverse settler-colonial contexts.     

Military frames and Canada’s Conservative government: from extending to transforming perceptions of Canadian identity

This article looks at framing strategies behind the recent Canadian Conservative government’s rhetoric on the military. Critics argue that Conservative rhetoric has politicised Canadian history and overemphasised the armed forces. Few scholars, however, have looked at the specific forms this rhetoric took and the strategies it suggested. The article presents the results of a systematic analysis of Conservative rhetoric between 2005 and 2015. It argues that three key frame alignment strategies were at the heart of the Conservative Government’s rhetoric: extension, consolidation and transformation, with truly transformative rhetoric transpiring only in the last phase. While agreeing with critics that this emphasis on the military aimed to alter perceptions of Canadian identity, the article shows that Conservative rhetoric was far from and monolithic.     

加拿大卖淫现象的犯罪学研究状况

加拿大犯罪学界对卖淫现象进行了长期卓有成效的研究,从中可以鉴识出加拿大社会对卖淫现象的态度变迁以及犯罪学界对卖淫现象研究的主要趋势和研究重点。加拿大犯罪学者对待卖淫现象的科学理性态度以及在研究过程中所提倡的实证研究方法可以为我国学者在类似的研究中提供借鉴。     

Maple Leaf Zeitgeist? Assessing Canadian Prime Minister Justin Trudeau’s Policy Changes*

In the October 2015 elections, the charismatic Justin Trudeau led the Canadian Liberal Party to its first majority government in 15 years, overturning nearly a decade of conservative government. His premiership is generally considered to have begun well. This article examines Trudeau’s conduct of the election campaign, his choice of a young and diverse Cabinet, his courtship of the media and image making, and assesses changes in foreign and domestic policy. These have yet to prove substantive but Trudeau has signalled a reversal of Stephen Harper’s conservative policies and especially in regard to migration has tapped into images of ‘compassionate Canadians’. In foreign policy, this has been evidenced in relations with the United States and with a re-engagement with the Commonwealth especially in its soft power aspects. Trudeau’s green credentials and stance on Climate Change are a contrast to those of his predecessor but he has yet to confront the different environmental profiles and policies of the Canadian states. Canada’s Strategic Partnership with the European Community and the ratification of CETA are priorities and he has to come to terms with the implications of Brexit.     

加拿大承认与执行外国法院判决制度初探

外国法院判决的承认与执行是国际私法所调整的重要内容 ,英美法系国家将其视为国际私法应解决的三大问题之一。加拿大承认与执行外国法院判决的制度中吸收了英美等国的一些基本原则 ,但也逐渐发展出其自身的特点 ,尤其在近年来 ,加拿大法院逐渐放松了对外国判决承认与执行的限制 ,使外国判决较易在加拿大得到承认与执行。本文即结合加拿大承认与执行制度在实践中的发展趋势 ,阐述其承认与执行外国法院判决的一般要求和主要抗辩。     

A Legacy of Harm: Punitive Drug Policies and Women’s Carceral Experiences in Canada

There is limited research on the gendered impacts of drug policies in Canada, despite the fact that women, Indigenous women in particular, are the country’s fastest growing prisoner population, with many incarcerated for drug-related crimes. This article highlights the results of a larger qualitative study with former prisoners in Ontario and community and medical experts from across the country. Focusing on the women research participants, we consider the lack of adequate and culturally-relevant substance use and harm reduction programming in federal prisons, and suggest a reformulation of Canada’s punitive drug policies toward a health and social welfare approach.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Legislative Dissent without Reprisal? An Alternative View of Speaker Selection

Very little research has been devoted to examining the nature of Speaker selection in legislatures. This article attempts to provide a new perspective in which future research could examine the election of Speakers. A collective action perspective is put forward, which sees three groups of actors execute separate strategies to reach their own ends: the backbench, the executive and the opposition. These factors are tested on the Speaker selection exercises in the Ontario legislature. In the case study, it was found that the executive rarely gets their choice of Speaker, and three factors identified in the legislative dissent literature are utilised to examine these private acts of dissent: party popularity, cabinet size and the percentage of new legislators entering the party at each legislative term. It was found that the Speaker selection process involves three groups, each with their own preference order in decision-making.