The Art Of Science In The Canadian Justice System

Part autobiography, part thought piece, part references, the book takes an insightful look at the experience and cases of renowned paediatrician and forensic expert witness Dr. Charles Ferguson. The book presents the interaction of science and law as it applies, specifically, the Canadian courts, but the justice process as a whole. Dr. Ferguson’s experience—from a scientist and medical professional’s perspective—in dealing with lawyers, judges, and the process of testifying in numerous court—offers a unique glimpse into how the two worlds of science and law don’t always mesh. In some cases the evidence is compelling and definitive. In others, far from it. Ultimately, the book presents the important role of the forensic expert and expert witness as a vital and deciding factor as the courtroom proceedings play out. The cases presented in the book—cases Dr. Ferguson was personally involved with—are interesting, the conclusions and results arrived at by Dr. Ferguson are well thought out and backed by his scientific expertise. The results and conclusions arrived at by the courts is often expected, sometimes surprising—in specific cases even controversial. Throughout all, Dr. Ferguson casts an independent, and sometimes critical, eye on the process presenting a compelling argument and heartfelt recommendation for science, objectivity, and justice to be served based on truth—truth insofar as the "facts" of the cases presented through evidence and the testimony provided within the judicial process. A fascinating read for university students, experts and witnesses, lawyers and judges, and anyone involved in the forensic process in the trying of criminal and civil cases.

The horrors of the Indian residential schools are by now well-known historical facts, and they have certainly found purchase in the Canadian consciousness in recent years. The history of violence and the struggles of survivors for redress resulted in the Truth and Reconciliation Commission, which chronicled the harms inflicted by the residential schools and explored ways to address the resulting social fallouts. One of those fallouts is the crisis of Indigenous over-incarceration. While the residential school system may not be the only harmful process of colonization that fuels Indigenous over-incarceration, it is arguably the most critical factor. It is likely that the residential school system forms an important part of the background of almost every Indigenous person who ends up incarcerated, even those who did not attend the schools. The legacy of harm caused by the schools is a vivid and crucial link between Canadian colonialism and Indigenous over-incarceration. Reconciliation and Indigenous Justice provides an account of the ongoing ties between the enduring trauma caused by the residential schools and Indigenous over-incarceration.

The administration of justice is an area of social policy that defies attempts to achieve a balance between order and the protection of the public and respect for individual rights. The media contain daily accounts of the failure of the criminal justice system to repress crime. It is within this social and legal context that this work is situated. In addition to including a range of articles in the standard areas of policing, courts, and corrections, recent articles deal with such controversial issues as aboriginal justice, the recruitment of visible minorities by Canadian police forces, and the role of women in the Canadian criminal justice system. The collection concludes with a critical assessment of the retributive model that currently serves as the philosophical underpinnings of the Canadian criminal justice system.

This fifth volume in the distinguished series on the history of Canadian law turns to the important issues of crime and criminal justice. In examining crime and criminal law specifically, the volume contributes to the long-standing concern of Canadian historians with law, order, and authority. The volume covers criminal justice history at various times in British Columbia, Ontario, Quebec, and the Maritimes. It is a study which opens up greater vistas of understanding to all those interested in the interstices of law, crime, and punishment.

DNA testing and banking has become institutionalized in the Canadian criminal justice system. As accepted and widespread though the practice is, there has been little critique or debate of this practice in a broad public forum on the potential infringement of individual rights or civil liberties. Neil Gerlach's The Genetic Imaginary takes up this challenge, critically examining the social, legal, and criminal justice origins and effects of DNA testing and banking. Drawing on risk analysis, Gerlach explains why Canadians have accepted DNA technology with barely a ripple of public outcry. Despite promises of better crime control and protections for existing privacy rights, Gerlach's examination of police practices, courtroom decisions, and the changing role of scientific expertise in legal decision-making reveals that DNA testing and banking have indeed led to a measurable erosion of individual rights. Biogovernance and the biotechnology of surveillance almost inevitably lead to the empowerment of state agent control and away from due process and legal protection. The Genetic Imaginary demonstrates that the overall effect of these changes to the criminal justice system has been to emphasize the importance of community security at the expense of individual rights. The privatization and politicization of biogovernance will certainly have profound future implications for all Canadians.