Taryn Hepburn | Carleton University (original) (raw)
Papers by Taryn Hepburn
Manitoba law journal, Oct 17, 2020
Since 2002, both Parliament and the Court have repeatedly cited the dangers that online affordanc... more Since 2002, both Parliament and the Court have repeatedly cited the dangers that online affordances pose to young people, the anonymity and protections that they grant offenders, and the complexities that they bring to the law. This project explores the underlying logics and implementation of section 172.1 of the Criminal Code (“Luring a Child”) and critiques the current practice of governing child luring through proactive investigations by police. Proactive child luring investigations rely on using a state-created imaginary victim and have historically been granted large and undefined scopes through both law and Parliamentary bills. Investigations of this nature have been used to police marginalized sexualities and sex work communities and have inflicted substantial harms upon those who are wrongly caught up in investigations. We question the legitimacy of proactive investigations as a redress to child sexual exploitation online by examining child luring cases. We note that while prosecutions brought forward through the proactive investigation process have significantly increased, they rarely uncover any instances of harmful behaviour, ‘real’ victimization, or any criminal activity aside from the initial conversation.
The space of an elementary school is expected to regulate the bodies of the children within its f... more The space of an elementary school is expected to regulate the bodies of the children within its fences. While the space of the school does this as expected, it also exerts regulation on adults inside and outside of the school space. I engage in formal participant observation of a public street and public school over three days, alongside an immersive ethnography. Formal observation allows participants to remain affectively unaffected, while community membership lends the project benefits of immersive ethnography, like context. I rely on Deleuzian concepts of coding machines, facialization, and affect to address how space codes and recodes bodies through their interactions with boundaries and Manning's notion of "leaking" affect. I pose the school space as leaky and argue that the space touches bodies both inside and outside of its boundaries and is affectively touched by those bodies in return. This project identifies four particular kinds of bodies affecting each other: the school itself, the children-students, the adults, and the unaffiliated bodies outside the school. I argue that bodies interacting with the school are constantly negotiating permissions: some, like children and teachers, may enter; some may leave. These negotiations extend even to gaze; some may look into the yard, while others (particularly adult men) must actively look down or away. This article considers the conceptions of acceptable bodies in
International Journal of Sport Policy and Politics, Oct 2, 2022
Ongoing efforts to exclude trans people from the public sphere in the United States include the p... more Ongoing efforts to exclude trans people from the public sphere in the United States include the proposal – and, often, passing – of Bills seeking to exclude trans people from sport. Using Critical Discourse Analysis, we analyse four such Bills. We argue that, in seeking to regulate the participation of trans students in school athletics, legislatures are producing essentialist gendered subjects. Sporting spaces are amenable to such legislation because they are strongholds for simplistic, binary conceptualisations of sex and gender. Further, by operationalising an instrumental view of sport – wherein winning and thus achieving material reward motivates participation – legislatures can construct trans girls as threats to cisgender girls’ future success and mobilise affect and emotion to both produce subjects and to justify transphobic discrimination. This paper contributes to literature on the outcomes of trans-exclusionary regulations by exploring the rhetorical work done by such regulations and what regulation and discipline these strategies make possible.
Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which ... more Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which has interacted with the questions of the role of young people and appropriate punishments from the beginning. This project discusses those questions as a Foucauldian genealogy and considers how youth punishment is justified in Canada. Beginning with the work of John Joseph Kelso and the child saving movement from the late 19 th century, the narrative of youth justice in Canada carries through the conversation surrounding the Juvenile Delinquents Act, the Young Offenders Act, and the Youth Criminal Justice Act. Through the public and federal debates, themes of hope and futurity, responsibilisation, and differing understandings of youth in society are constructed, which this project seeks to develop and explore.
Demeter Press eBooks, Nov 1, 2019
Adoption & Culture, 2020
ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a ... more ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star 1964–1982, to illustrate the movement of "hard to adopt" children through the network of adoption. Children featured in the column were characterized by adoptable or unadoptable traits and made into objects. Through an actor network theory framework, we understand how the hierarchy of specific characterizations of "hard to adopt" reached the Canadian public.
International Journal of Sport Policy and Politics
Ongoing efforts to exclude trans people from the public sphere in the United States include the p... more Ongoing efforts to exclude trans people from the public sphere in the United States include the proposal – and, often, passing – of Bills seeking to exclude trans people from sport. Using Critical Discourse Analysis, we analyse four such Bills. We argue that, in seeking to regulate the participation of trans students in school athletics, legislatures are producing essentialist gendered subjects. Sporting spaces are amenable to such legislation because they are strongholds for simplistic, binary conceptualisations of sex and gender. Further, by operationalising an instrumental view of sport – wherein winning and thus achieving material reward motivates participation – legislatures can construct trans girls as threats to cisgender girls’ future success and mobilise affect and emotion to both produce subjects and to justify transphobic discrimination. This paper contributes to literature on the outcomes of trans-exclusionary regulations by exploring the rhetorical work done by such regulations and what regulation and discipline these strategies make possible.
This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: T... more This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years conference, hosted at the Faculty of Law, University of Manitoba. The conference focussed on the evolution of the law of evidence and the sometimes radical transformations it has seen over the last ten years since the seminal decision of R v Grant in 2009, which reoriented the test for exclusion of evidence at trial. The conference explored questions of the conception of knowledge in modern criminal legal proceedings and the changes in the nature of knowing and constructing criminal responsibility over the last ten years as the information age continues to develop the law of evidence. Unparalleled connectivity, state surveillance capabilities, Canada’s commitment to truth and reconciliation with Indigenous communities, and anxieties pertaining to large scale security calamities (like terror events), have altered the landscape in which crime is investigated, and in which evidence is subsequently discovered, and admitted. The conference discussed and unpacked these issues and developed a tremendous body of scholarship which we are proud to present in this volume. i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law DAVID IRELAND AND RICHARD JOCHELSON 1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition KENT ROACH 49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE 111 The Unclear Picture of Social Media Evidence LISA A. SIL VER 155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD 207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms RUBY DHAND AND KERRI JOFFE 249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF 273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons JAMES GACEK AND ROSEMAR Y RICCIARDELLI 295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review ADELINA IFTENE AND VANESSA L. KINNEAR 357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis ALICIA DUECK-READ 391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations LAUREN MENZIE AND TARYN HEPBURN 421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY
Journal of Childhood Studies, 2021
We examine 4,300 advertisements of children who were featured in Today’s Child, a daily newspaper... more We examine 4,300 advertisements of children who were featured in Today’s Child, a daily newspaper column written by Helen Allen in the Toronto Telegram and Toronto Star (1964–1982) and syndicated across North America. We highlight how stigma and values were attributed to adoptive children featured in these advertisements. Our findings reveal how the advertisements perpetuated and attached stigma to these children and how this stigma had to be compensated for the children to appeal to prospective parents. Compensatory strategies were ultimately required to manage stigma and increase the value of the featured children.
McGill GLSA Research Series, 2021
The space of an elementary school is expected to regulate the bodies of the children within its f... more The space of an elementary school is expected to regulate the bodies of the children within its fences. While the space of the school does this as expected, it also exerts regulation on adults inside and outside of the school space. I engage in formal participant observation of a public street and public school over three days, alongside an immersive ethnography. Formal observation allows participants to remain affectively unaffected, while community membership lends the project benefits of immersive ethnography, like context. I rely on Deleuzian concepts of coding machines, facialization, and affect to address how space codes and recodes bodies through their interactions with boundaries and Manning’s notion of “leaking” affect. I pose the school space as leaky and argue that the space touches bodies both inside and outside of its boundaries and is affectively touched by those bodies in return. This project identifies four particular kinds of bodies affecting each other: the school ...
Children & Society, 2019
We analyse 4300 advertisements of children featured in the Today's Child column, a daily ... more We analyse 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star from 1964 to 1982, to understand how the Canadian public became accepting of the adoption of Indigenous children. While children of all ethnic backgrounds were featured, the Indigenous children who were displayed were part of a larger system of child removal, known as the ‘Sixties Scoop’. We demonstrate the ways Indigenous children are described with a specific form of happiness that is conjoined with colonial conceptions of the family and nation.
In the current article, we document the changing roles and responsibilities related to the implem... more In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act (YCJA). Police officers’ experiences and respons...
ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a ... more ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star 1964–1982, to illustrate the movement of "hard to adopt" children through the network of adoption. Children featured in the column were characterized by adoptable or unadoptable traits and made into objects. Through an actor network theory framework, we understand how the hierarchy of specific characterizations of "hard to adopt" reached the Canadian public.
Youth Justice
In the current article, we document the changing roles and responsibilities related to the implem... more In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act ( YCJA). Police officers’ experiences and responses to the implementation of the YCJA reveal a disparity between the officers’ idealised role and their actual tasks involving youth. Drawing on Bourdieu’s theory of the habitus and field, we consider the field of youth justice and its effects on rural policing strategies in Canada. We consider the shifting standard for police behaviours from data gathered through interviews and focus groups with police officers. We find standards in the field of policing shift to reflect new realities enacted with the YCJA.
Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which ... more Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which has interacted with the questions of the role of young people and appropriate punishments from the beginning. This project discusses those questions as a Foucauldian genealogy and considers how youth punishment is justified in Canada. Beginning with the work of John Joseph Kelso and the child saving movement from the late 19 th century, the narrative of youth justice in Canada carries through the conversation surrounding the Juvenile Delinquents Act, the Young Offenders Act, and the Youth Criminal Justice Act. Through the public and federal debates, themes of hope and futurity, responsibilisation, and differing understandings of youth in society are constructed, which this project seeks to develop and explore.
Youth Justice, 2020
In the current article, we document the changing roles and responsibilities related to the implem... more In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act (YCJA). Police officers’ experiences and responses to the implementation of the YCJA reveal a disparity between the officers’ idealised role and their actual tasks involving youth. Drawing on Bourdieu’s theory of the habitus and field, we consider the field of youth justice and its effects on rural policing strategies in Canada. We consider the shifting standard for police behaviours from data gathered through interviews and focus groups with police officers. We find standards in the field of policing shift to reflect new realities enacted with the YCJA.
Children & Society, 2019
We analyse 4300 advertisements of children featured in the Today's Child column, a daily written ... more We analyse 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star from 1964 to 1982, to understand how the Canadian public became accepting of the adoption of Indigenous children. While children of all ethnic backgrounds were featured, the Indigenous children who were displayed were part of a larger system of child removal, known as the ‘Sixties Scoop’. We demonstrate the ways Indigenous children are described with a specific form of happiness that is conjoined with colonial conceptions of the family and nation.
Books and Edited Journals by Taryn Hepburn
Criminal Justice and Evidentiary Thresholds in Canada: The Last Ten Years, 2020
This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: T... more This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years conference, hosted at the Faculty of Law, University of Manitoba. The conference focussed on the evolution of the law of evidence and the sometimes radical transformations it has seen over the last ten years since the seminal decision of R v Grant in 2009, which reoriented the test for exclusion of evidence at trial. The conference explored questions of the conception of knowledge in modern criminal legal proceedings and the changes in the nature of knowing and constructing criminal responsibility over the last ten years as the information age continues to develop the law of evidence. Unparalleled connectivity, state surveillance capabilities, Canada’s commitment to truth and reconciliation with Indigenous communities, and anxieties pertaining to large scale security calamities (like terror events), have altered the landscape in which crime is investigated, and in which evidence is subsequently discovered, and admitted. The conference discussed and unpacked these issues and developed a tremendous body of scholarship which we are proud to present in this volume.
i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition
KENT ROACH
49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE
111 The Unclear Picture of Social Media Evidence LISA A. SIL VER
155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms
RUBY DHAND AND KERRI JOFFE
249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF
273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
JAMES GACEK AND ROSEMAR Y RICCIARDELLI
295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review
ADELINA IFTENE AND VANESSA L. KINNEAR
357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis
ALICIA DUECK-READ
391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations
LAUREN MENZIE AND TARYN HEPBURN
421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY
Manitoba law journal, Oct 17, 2020
Since 2002, both Parliament and the Court have repeatedly cited the dangers that online affordanc... more Since 2002, both Parliament and the Court have repeatedly cited the dangers that online affordances pose to young people, the anonymity and protections that they grant offenders, and the complexities that they bring to the law. This project explores the underlying logics and implementation of section 172.1 of the Criminal Code (“Luring a Child”) and critiques the current practice of governing child luring through proactive investigations by police. Proactive child luring investigations rely on using a state-created imaginary victim and have historically been granted large and undefined scopes through both law and Parliamentary bills. Investigations of this nature have been used to police marginalized sexualities and sex work communities and have inflicted substantial harms upon those who are wrongly caught up in investigations. We question the legitimacy of proactive investigations as a redress to child sexual exploitation online by examining child luring cases. We note that while prosecutions brought forward through the proactive investigation process have significantly increased, they rarely uncover any instances of harmful behaviour, ‘real’ victimization, or any criminal activity aside from the initial conversation.
The space of an elementary school is expected to regulate the bodies of the children within its f... more The space of an elementary school is expected to regulate the bodies of the children within its fences. While the space of the school does this as expected, it also exerts regulation on adults inside and outside of the school space. I engage in formal participant observation of a public street and public school over three days, alongside an immersive ethnography. Formal observation allows participants to remain affectively unaffected, while community membership lends the project benefits of immersive ethnography, like context. I rely on Deleuzian concepts of coding machines, facialization, and affect to address how space codes and recodes bodies through their interactions with boundaries and Manning's notion of "leaking" affect. I pose the school space as leaky and argue that the space touches bodies both inside and outside of its boundaries and is affectively touched by those bodies in return. This project identifies four particular kinds of bodies affecting each other: the school itself, the children-students, the adults, and the unaffiliated bodies outside the school. I argue that bodies interacting with the school are constantly negotiating permissions: some, like children and teachers, may enter; some may leave. These negotiations extend even to gaze; some may look into the yard, while others (particularly adult men) must actively look down or away. This article considers the conceptions of acceptable bodies in
International Journal of Sport Policy and Politics, Oct 2, 2022
Ongoing efforts to exclude trans people from the public sphere in the United States include the p... more Ongoing efforts to exclude trans people from the public sphere in the United States include the proposal – and, often, passing – of Bills seeking to exclude trans people from sport. Using Critical Discourse Analysis, we analyse four such Bills. We argue that, in seeking to regulate the participation of trans students in school athletics, legislatures are producing essentialist gendered subjects. Sporting spaces are amenable to such legislation because they are strongholds for simplistic, binary conceptualisations of sex and gender. Further, by operationalising an instrumental view of sport – wherein winning and thus achieving material reward motivates participation – legislatures can construct trans girls as threats to cisgender girls’ future success and mobilise affect and emotion to both produce subjects and to justify transphobic discrimination. This paper contributes to literature on the outcomes of trans-exclusionary regulations by exploring the rhetorical work done by such regulations and what regulation and discipline these strategies make possible.
Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which ... more Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which has interacted with the questions of the role of young people and appropriate punishments from the beginning. This project discusses those questions as a Foucauldian genealogy and considers how youth punishment is justified in Canada. Beginning with the work of John Joseph Kelso and the child saving movement from the late 19 th century, the narrative of youth justice in Canada carries through the conversation surrounding the Juvenile Delinquents Act, the Young Offenders Act, and the Youth Criminal Justice Act. Through the public and federal debates, themes of hope and futurity, responsibilisation, and differing understandings of youth in society are constructed, which this project seeks to develop and explore.
Demeter Press eBooks, Nov 1, 2019
Adoption & Culture, 2020
ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a ... more ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star 1964–1982, to illustrate the movement of "hard to adopt" children through the network of adoption. Children featured in the column were characterized by adoptable or unadoptable traits and made into objects. Through an actor network theory framework, we understand how the hierarchy of specific characterizations of "hard to adopt" reached the Canadian public.
International Journal of Sport Policy and Politics
Ongoing efforts to exclude trans people from the public sphere in the United States include the p... more Ongoing efforts to exclude trans people from the public sphere in the United States include the proposal – and, often, passing – of Bills seeking to exclude trans people from sport. Using Critical Discourse Analysis, we analyse four such Bills. We argue that, in seeking to regulate the participation of trans students in school athletics, legislatures are producing essentialist gendered subjects. Sporting spaces are amenable to such legislation because they are strongholds for simplistic, binary conceptualisations of sex and gender. Further, by operationalising an instrumental view of sport – wherein winning and thus achieving material reward motivates participation – legislatures can construct trans girls as threats to cisgender girls’ future success and mobilise affect and emotion to both produce subjects and to justify transphobic discrimination. This paper contributes to literature on the outcomes of trans-exclusionary regulations by exploring the rhetorical work done by such regulations and what regulation and discipline these strategies make possible.
This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: T... more This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years conference, hosted at the Faculty of Law, University of Manitoba. The conference focussed on the evolution of the law of evidence and the sometimes radical transformations it has seen over the last ten years since the seminal decision of R v Grant in 2009, which reoriented the test for exclusion of evidence at trial. The conference explored questions of the conception of knowledge in modern criminal legal proceedings and the changes in the nature of knowing and constructing criminal responsibility over the last ten years as the information age continues to develop the law of evidence. Unparalleled connectivity, state surveillance capabilities, Canada’s commitment to truth and reconciliation with Indigenous communities, and anxieties pertaining to large scale security calamities (like terror events), have altered the landscape in which crime is investigated, and in which evidence is subsequently discovered, and admitted. The conference discussed and unpacked these issues and developed a tremendous body of scholarship which we are proud to present in this volume. i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law DAVID IRELAND AND RICHARD JOCHELSON 1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition KENT ROACH 49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE 111 The Unclear Picture of Social Media Evidence LISA A. SIL VER 155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD 207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms RUBY DHAND AND KERRI JOFFE 249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF 273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons JAMES GACEK AND ROSEMAR Y RICCIARDELLI 295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review ADELINA IFTENE AND VANESSA L. KINNEAR 357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis ALICIA DUECK-READ 391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations LAUREN MENZIE AND TARYN HEPBURN 421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY
Journal of Childhood Studies, 2021
We examine 4,300 advertisements of children who were featured in Today’s Child, a daily newspaper... more We examine 4,300 advertisements of children who were featured in Today’s Child, a daily newspaper column written by Helen Allen in the Toronto Telegram and Toronto Star (1964–1982) and syndicated across North America. We highlight how stigma and values were attributed to adoptive children featured in these advertisements. Our findings reveal how the advertisements perpetuated and attached stigma to these children and how this stigma had to be compensated for the children to appeal to prospective parents. Compensatory strategies were ultimately required to manage stigma and increase the value of the featured children.
McGill GLSA Research Series, 2021
The space of an elementary school is expected to regulate the bodies of the children within its f... more The space of an elementary school is expected to regulate the bodies of the children within its fences. While the space of the school does this as expected, it also exerts regulation on adults inside and outside of the school space. I engage in formal participant observation of a public street and public school over three days, alongside an immersive ethnography. Formal observation allows participants to remain affectively unaffected, while community membership lends the project benefits of immersive ethnography, like context. I rely on Deleuzian concepts of coding machines, facialization, and affect to address how space codes and recodes bodies through their interactions with boundaries and Manning’s notion of “leaking” affect. I pose the school space as leaky and argue that the space touches bodies both inside and outside of its boundaries and is affectively touched by those bodies in return. This project identifies four particular kinds of bodies affecting each other: the school ...
Children & Society, 2019
We analyse 4300 advertisements of children featured in the Today's Child column, a daily ... more We analyse 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star from 1964 to 1982, to understand how the Canadian public became accepting of the adoption of Indigenous children. While children of all ethnic backgrounds were featured, the Indigenous children who were displayed were part of a larger system of child removal, known as the ‘Sixties Scoop’. We demonstrate the ways Indigenous children are described with a specific form of happiness that is conjoined with colonial conceptions of the family and nation.
In the current article, we document the changing roles and responsibilities related to the implem... more In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act (YCJA). Police officers’ experiences and respons...
ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a ... more ABSTRACT:We analyzed 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star 1964–1982, to illustrate the movement of "hard to adopt" children through the network of adoption. Children featured in the column were characterized by adoptable or unadoptable traits and made into objects. Through an actor network theory framework, we understand how the hierarchy of specific characterizations of "hard to adopt" reached the Canadian public.
Youth Justice
In the current article, we document the changing roles and responsibilities related to the implem... more In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act ( YCJA). Police officers’ experiences and responses to the implementation of the YCJA reveal a disparity between the officers’ idealised role and their actual tasks involving youth. Drawing on Bourdieu’s theory of the habitus and field, we consider the field of youth justice and its effects on rural policing strategies in Canada. We consider the shifting standard for police behaviours from data gathered through interviews and focus groups with police officers. We find standards in the field of policing shift to reflect new realities enacted with the YCJA.
Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which ... more Youth criminal justice has been an ongoing narrative in Canada from the late 19 th century which has interacted with the questions of the role of young people and appropriate punishments from the beginning. This project discusses those questions as a Foucauldian genealogy and considers how youth punishment is justified in Canada. Beginning with the work of John Joseph Kelso and the child saving movement from the late 19 th century, the narrative of youth justice in Canada carries through the conversation surrounding the Juvenile Delinquents Act, the Young Offenders Act, and the Youth Criminal Justice Act. Through the public and federal debates, themes of hope and futurity, responsibilisation, and differing understandings of youth in society are constructed, which this project seeks to develop and explore.
Youth Justice, 2020
In the current article, we document the changing roles and responsibilities related to the implem... more In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act (YCJA). Police officers’ experiences and responses to the implementation of the YCJA reveal a disparity between the officers’ idealised role and their actual tasks involving youth. Drawing on Bourdieu’s theory of the habitus and field, we consider the field of youth justice and its effects on rural policing strategies in Canada. We consider the shifting standard for police behaviours from data gathered through interviews and focus groups with police officers. We find standards in the field of policing shift to reflect new realities enacted with the YCJA.
Children & Society, 2019
We analyse 4300 advertisements of children featured in the Today's Child column, a daily written ... more We analyse 4300 advertisements of children featured in the Today's Child column, a daily written by Helen Allen in The Toronto Telegram and The Toronto Star from 1964 to 1982, to understand how the Canadian public became accepting of the adoption of Indigenous children. While children of all ethnic backgrounds were featured, the Indigenous children who were displayed were part of a larger system of child removal, known as the ‘Sixties Scoop’. We demonstrate the ways Indigenous children are described with a specific form of happiness that is conjoined with colonial conceptions of the family and nation.
Criminal Justice and Evidentiary Thresholds in Canada: The Last Ten Years, 2020
This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: T... more This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years conference, hosted at the Faculty of Law, University of Manitoba. The conference focussed on the evolution of the law of evidence and the sometimes radical transformations it has seen over the last ten years since the seminal decision of R v Grant in 2009, which reoriented the test for exclusion of evidence at trial. The conference explored questions of the conception of knowledge in modern criminal legal proceedings and the changes in the nature of knowing and constructing criminal responsibility over the last ten years as the information age continues to develop the law of evidence. Unparalleled connectivity, state surveillance capabilities, Canada’s commitment to truth and reconciliation with Indigenous communities, and anxieties pertaining to large scale security calamities (like terror events), have altered the landscape in which crime is investigated, and in which evidence is subsequently discovered, and admitted. The conference discussed and unpacked these issues and developed a tremendous body of scholarship which we are proud to present in this volume.
i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition
KENT ROACH
49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE
111 The Unclear Picture of Social Media Evidence LISA A. SIL VER
155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms
RUBY DHAND AND KERRI JOFFE
249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF
273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
JAMES GACEK AND ROSEMAR Y RICCIARDELLI
295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review
ADELINA IFTENE AND VANESSA L. KINNEAR
357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis
ALICIA DUECK-READ
391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations
LAUREN MENZIE AND TARYN HEPBURN
421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY