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Punitive damages have always attracted a lukewarm reception in Quebec law. This article analyses the recent de Montigny and Ward judgments of the Supreme Court, which resolve some important issues about which Quebec doctrine and case law were divided. First, the Supreme Court stated that punitive damages constitute an autonomous remedy that may be sought independently of a condemnation in compensatory damages. It also held that punitive damages may pursue the goals of punishment, deterrence and denunciation. Lastly, the Court sends a message of moderation as regards the quantum of punitive damages.
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Under the common law, it is widely accepted that punitive damages may be awarded in situations where a defendant’s conduct has been malicious, oppressive or abusive. An award of exemplary damages seeks to punish the defendant, acts as a deterrent to the defendant and to others from acting in this manner and expresses the outrage of the court regarding the defendant’s behavior. On the contrary, under Quebec law, the awarding of punitive damages remains exceptional in nature.
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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style - with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you "using a gun" in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated. - Publisher.
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Over the last century, all common law countries have experienced a movement away from a highly discretionary sentencing environment to one in which judicial discretion is more constrained. (For general discussion of structured sentencing, see chapter 6 of A. von Hirsch, A. Ashworth and J. V. Roberts (eds), Principled Sentencing: Readings on Theory and Policy (3rd edn, Oxford: Hart, 2009).) Some jurisdictions have transformed their sentencing environments by introducing relatively inflexible and tightly binding guideline schemes. Others have taken a middle ground – creating advisory guidance schemes – while a third category has resisted all attempts to structure judicial discretion. This essay describes and compares the divergent histories of two jurisdictions – Canada, and England and Wales – as they have confronted the challenge of structuring sentencing. Despite similarities in the way that sentencing is approached in the two countries they have taken remarkably divergent paths over the past 25 years – and not in the directions that might have been anticipated back in the mid 1980s. After a promising start in that decade, Canada has rejected the adoption of sentencing guidelines, and elected to retain its traditional, highly discretionary approach to sentencing. In contrast, England and Wales has slowly, but surely, adopted a comprehensive and relatively binding set of guidelines, although this outcome also seemed unlikely in 1988.
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Ontario residents are more likely to have a dispute concerning a familial relationship than any other type of serious legal problem.¹ The family dispute resolution process has evolved considerably over the past few decades, but the pace of change has been frustratingly slow, with many sound reports and recommendations for reform ignored, resulting in continuing unaddressed concerns about the family justice system. Many of those embroiled in these often traumatic, life-altering disputes have difficulties gaining access to the justice system and must proceed without adequate legal advice and assistance. The 2010 Law Commission of Ontario Report on the ‘broken’ family
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Police officers often leave the scene of many domestic dispute calls, unable to collect evidence needed to lay charges against the accused. They may find the residence in order, no visible signs of injury, and denial/refusal of all parties to provide statements to the police. Police officers may be called to respond to couples with repeated calls to emergency response, leaving without evidence on numerous occasions. As a result, many police officers may go to calls with preconceived notions about the risks and dynamics in intimate partner relationships, potentially impacting the kind of intervention used. Based on analysis of 1,032 domestic dispute files in Fredericton, NB, this paper explores police officer intervention before and after training on responding to intimate partner violence. It compares formal intervention, such as charges and arrests; collection of evidence, including written and oral statements from victim(s) and witness(es); and informal strategies used by police officers who respond to the scene of a domestic dispute, such as temporary separation of victim and accused, providing transportation to another residence, and contacting a shelter on behalf of the victim or accused.
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"Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform"-- Provided by publisher.
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The third edition of this renowned English-language guide to German constitutional law has been fully updated and significantly expanded to incorporate previously omitted topics and recent decisions of the German Federal Constitutional Court.
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