I am delighted to belatedly announce the publication of my new edited collection, Transnational & Cross-Border Criminal Law: Canadian Perspectives (Irwin, 2023). I was lucky enough to assemble a team of specialist authors -- academics, Crowns, defence counsel, Justice Canada lawyers, civil society experts, even a military lawyer -- to write fascinating and insightful papers on front-burner topics. Here is the publisher's back cover blurb:
The time of globalization has seen an onslaught of criminal activity that crosses borders. The legal suppression and prosecution of transnational and cross-border crime raise unique and complex legal issues, and law enforcement, lawyers, and judges have struggled to keep up. Transnational & Cross-Border Criminal Law: Canadian Perspectives fills a pronounced gap in Canadian legal literature.
Written by subject matter experts, each chapter exposes and analyzes a current and pressing issue in this realm and is designed both to serve as a resource for researchers and to provide cutting-edge insight on front-burner issues. The group of authors — made up of prosecutors, defence lawyers, government counsel, academics, and civil society advocates — take on a variety of subjects, including terrorism, financial crime and corruption, jurisdiction, extradition, money laundering, trafficking, maritime enforcement, cross-border evidence-gathering, and the international transfer of prisoners. This unique collection will help to advance general understanding of one of the most pressing public policy issues of our time.
And here is the Table of Contents:
Part I: The Broad Scope of Transnational and Cross‑Border Criminal Law in Canada
Introduction: Locating Transnational and Cross-Border Criminal Law by Robert J. Currie, KC
The Internationalization of Canadian Criminal Justice Policy by Donald K. Piragoff, QC
Part II: Implementation and Influence
Courting Transnational Criminal Law in Canada by Gillian MacNeil
The Influence of Transnational Criminal Law on Refugee Law by Joseph Rikhof
Formalism and Substance in the Domestic Implementation of Transnational Criminal Law in Canada’s Anti‑terrorism Criminal Regimes by Michael Nesbitt
Part III: The Problems of Jurisdiction
Making Sense of Extraterritoriality Jurisprudence: Heuristic Pro-forum Biases and the Need for an Algorithmic Approach by Christopher Ram
An Agenda for Jurisdictional Law Reform by Christopher Ram
Canadian ISIS Fighters and Supporters and the Irony of the Khadr Exception by Leah West
What Side Do You Come From? Borders in R v Desautel by Robin Parker
Part IV: Corporate, Economic and Financial Crime, Money Laundering and Proceeds
Gatekeepers — The Lawyer Enigma by Peter M. German, KC
Tackling Money Laundering in Canada Through Beneficial Ownership Transparency by James Cohen
Harmonious Coexistence: Law and Laundering in Canada by Sanaa Ahmed
Transnational Crime, Tainted Property, and Civil Forfeiture by Michelle Gallant
Negotiating Transnational Corporate Criminality by Joanna Harrington
The Long Arm of Canadian Price-Fixing Law? Canadian Jurisdiction Over Foreign Price-Fixing Conspiracies by W. Michael G. Osborne
Part V: Commodity Crimes
International Trafficking of Cultural Property: An Overview and the Canadian Perspective by Kathryn Zedde
From Opium to Fentanyl: Drug Smuggling, Canada, and Enforcement Challenges by Stephen Schneider
Part VI. Inter-State Cooperation and Enforcement
Human Rights Considerations in Extradition by Frédéric Mégret
Disguised Extradition Through Deportation as an Abuse of Process by Jeffrey G. Johnston
Operation CARIBBE: A Case Study in Combatting Drug Trafficking on the High Seas by Amélie Aubut
The International Transfer of Sentenced Individuals to Canada: Procedure and Issues by Adelina Iftene & Olivia Genge
Canadian Orders Can Compel Production of Data Controlled by US Companies by Fraser M. Kelly
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