In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property, self-defence, guns, and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial "hang fire" defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to "do better" is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case

Politics & Social Sciences

Roach, Kent

Social Sciences

McGill-Queen's University Press

The 9/11 Effect: Comparative Counter-Terrorism

This book critically and comparatively examines the responses of the United Nations and a range of countries to the terror attacks on September 11, 2001. It assesses the convergence between the responses of western democracies including the United States, the United Kingdom, Australia, and Canada with countries with more experience with terrorism including Egypt, Syria, Israel, Singapore, and Indonesia. A number of common themes - the use of criminal law and immigration law, the regulation of speech associated with terrorism, the review of the state's whole of government counter-terrorism activities, and the development of national security policies - are discussed. The book provides a critical take on how the United Nations promoted terrorism financing laws and listing processes and the regulation of speech associated with terrorism but failed to agree on a definition of terrorism or the importance of respecting human rights while combating terrorism. It also assesses the failures of the American extra-legal approach and departures from criminal justice and the challenges of transnational cooperation and accountability for counter-terrorism.

Legal Theory & Systems

Cambridge University Press

September 11: Consequences for Canada

In September 11 Kent Roach provides a critical examination of the consequences of September 11 for law, democracy, sovereignty, and security. He assesses a broad range of anti-terrorism measures including the Anti-terrorism Act, the smart border agreement, Canadian participation in the war in Afghanistan, changes to refugee policy, the 2001 Security Budget, and the proposed Public Safety Act. Roach evaluates both the opposition of many civil society groups to the Anti-terrorism Act and the government's defence of the law as necessary to prevent terrorism and consistent with human rights. He warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes and suggests that Canadian law may not provide adequate protection against invasions of privacy or discriminatory profiling of people as potential terrorists. With reference to controversial comments about September 11 made by Prime Minister Chretien and others and the debate about "anti-Americanism," Roach examines whether September 11 has chilled Canadian democracy. He also examines the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy and the possibility that Canadian Forces participated in violations of international law in Afghanistan. With specific reference to the threat of nuclear and biological terrorism and aviation safety, Roach argues that more emphasis on administrative and technological measures and less emphasis on criminal sanctions and military force may better protect Canadians from both terrorism and other threats to their security.

History

Americas

In September 11 Kent Roach provides a critical examination of the consequences of September 11 for law, democracy, sovereignty, and security. He assesses a broad range of anti-terrorism measures including the Anti-terrorism Act, the smart border agreement, Canadian participation in the war in Afghanistan, changes to refugee policy, the 2001 Security Budget, and the proposed Public Safety Act. Roach evaluates both the opposition of many civil society groups to the Anti-terrorism Act and the government's defence of the law as necessary to prevent terrorism and consistent with human rights. He warns that exceptions to legal principles made to fight terrorism may spread to attempts to combat other crimes and suggests that Canadian law may not provide adequate protection against invasions of privacy or discriminatory profiling of people as potential terrorists. With reference to controversial comments about September 11 made by Prime Minister Chretien and others and the debate about "anti-Americanism," Roach examines whether September 11 has chilled Canadian democracy. He also examines the challenge September 11 presents for Canadian sovereignty on key components of foreign, military, and immigration policy and the possibility that Canadian Forces participated in violations of international law in Afghanistan. With specific reference to the threat of nuclear and biological terrorism and aviation safety, Roach argues that more emphasis on administrative and technological measures and less emphasis on criminal sanctions and military force may better protect Canadians from both terrorism and other threats to their security.

Acumen Publishing

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial ?hang fire? defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to ?do better? is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

In Due Process and Victims' Rights Kent Roach critically examines dramatic changes in criminal justice in the last two decades. He argues that increasing concern by courts about the rights of those accused of crime and by legislatures about the rights of crime victims and groups who are disproportionately subject to some crimes, such as women and children, has transformed debates about criminal justice. He examines recent cases in which due process and victims' rights have clashed and concludes that, in most instances, victims' rights claims have ultimately prevailed. He concludes that the future of criminal justice will depend on whether victims' rights continue to develop in a punitive fashion or whether they inspire increased emphasis on crime prevention and restorative justice.This is the first full-length study of the law and politics of criminal justice in the era of the Charter and victims' rights. It examines changing discourse in the courts, legislatures, and media, and the role of women, young people, minorities, Aboriginal people, and crime victims in criminal justice reform. It builds new models of criminal justice based on victims' rights as alternatives to Herbert Packer's famous due process and crime control models. Roach draws on criminology literature about the growth of a 'risk society,' in which the risk of crime is more easily calculated and controlled, as well as writings concerned with restorative and Aboriginal justice.

Due Process and Victims' Rights: The New Law and Politics of Criminal Justice

Philosophy

University of Toronto Press, Scholarly Publishing Division

In Due Process and Victims' Rights Kent Roach critically examines dramatic changes in criminal justice in the last two decades. He argues that increasing concern by courts about the rights of those accused of crime and by legislatures about the rights of crime victims and groups who are disproportionately subject to some crimes, such as women and children, has transformed debates about criminal justice. He examines recent cases in which due process and victims' rights have clashed and concludes that, in most instances, victims' rights claims have ultimately prevailed. He concludes that the future of criminal justice will depend on whether victims' rights continue to develop in a punitive fashion or whether they inspire increased emphasis on crime prevention and restorative justice.
This is the first full-length study of the law and politics of criminal justice in the era of the Charter and victims' rights. It examines changing discourse in the courts, legislatures, and media, and the role of women, young people, minorities, Aboriginal people, and crime victims in criminal justice reform. It builds new models of criminal justice based on victims' rights as alternatives to Herbert Packer's famous due process and crime control models. Roach draws on criminology literature about the growth of a 'risk society,' in which the risk of crime is more easily calculated and controlled, as well as writings concerned with restorative and Aboriginal justice.

University of Toronto Press

When Brian Dickson was appointed in 1973, the Supreme Court of Canada was preoccupied with run-of-the-mill disputes. By the time he retired as Chief Justice of Canada in 1990, the Court had become a major national institution, very much in the public eye. The Court's decisions, reforming large areas of private and public law under the Charter of Rights, were the subject of intense public interest and concern.
Brian Dickson played a leading role in this transformation. Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period. Dickson's journey was an important part of the evolution of the Canadian judiciary and of Canada itself. Sharpe and Roach have written an accessible biography of one of Canada's greatest legal figures that provides new insights into the work of Canada's highest court.

Brian Dickson: A Judge's Journey (Osgoode Society for Canadian Legal History)

Biographies & Memoirs

Sharpe, Robert

Historical

Criminal Law and Procedure: Cases and Materials

FRIEDLAND, MARTIN L.

Reference

Emond Montgomery Pubns Ltd

See the best price to sell, buy, or rent books by Roach, Kent. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Roach, Kent

See the best price to sell, buy, or rent books by Roach, Kent. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case

Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case

The 9/11 Effect: Comparative Counter-Terrorism

September 11: Consequences for Canada

September 11: Consequences for Canada

Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case

Due Process and Victims' Rights: The New Law and Politics of Criminal Justice

Due Process and Victims' Rights: The New Law and Politics of Criminal Justice

Brian Dickson: A Judge's Journey (Osgoode Society for Canadian Legal History)

Criminal Law and Procedure: Cases and Materials