This article examines how the 2010-2011 Reference re s 293, which considered the constitutionality of the polygamy prohibition, contributed to nation building discourses in Canada. A critical discourse analysis demonstrates that traditional views of monogamous marriage remain an important tenet of nation building in Canada. Discourses in the reference portrayed monogamous marriage as a central national institution and as a means of safeguarding women’s equality rights. These discourses, in turn, had racialized consequences for defining Canadian national identity.

In 2005, Canada implemented its first-ever domestic human trafficking legislation under sections 279.01 through 279.04 of the Criminal Code of Canada. The first conviction under this legislation came about three years after its implementation, with a total of only five convictions having been obtained as of January of 2011. This article examines the legislation and the legislative definition of human trafficking in Canada, arguing that the vagueness of this legislation, the breadth of the legislative definition, and its similarity to other provisions within the Criminal Code make it difficult to distinguish human trafficking from other criminal offences, particularly procurement, or in lay language—pimping, which is governed under section 212 of the Code. Analyzing cases identified as human trafficking by Canadian police and legal authorities, this article demonstrates the problematic effects of Canada’s human trafficking legislation. The article points out the challenges arising from identifying non-trafficking cases as human trafficking, including undermining the severity of human trafficking and impeding efforts to combat it.

As legal authorities consider the constitutionality of the laws surrounding prostitution in Canada, we have the opportunity to rethink some of the fundamental assumptions that have been made about sex work and the socio-legal responses to it. In this article we draw on the concept of structural stigma to analyze the stigmatic assumptions inherent in the Canadian laws and briefly describe their effect—the civic exclusion of sex workers. We then consider the ways in which these same assumptions of risk and immorality are reproduced in end-demand (partial criminalization), legalized (regulatory) models, and decriminalization. While the decriminalization of sex work is the response that relies on the least stigmatic assumptions, even the celebrated New Zealand model is not absent of moralization and “othering” discourse. Further reflection is required to conceptualize a policy approach that transcends stigmatic assumptions so as to respect the human and civil rights of sex workers.

Drawing on unpublished material on the history of the Culbertson Tract, records obtained through access to information requests, and firsthand knowledge from the community, we trace Mohawk legal and extralegal strategies aimed at reclaiming the Tract to show how Canada legitimizes and manages the continued dispossession of land from the Mohawks of Tyendinaga. Through the criminalization of community members opposing settlement terms under the land claims policy, we conclude that the policy of extinguishment contained in the land claims policy is furthered by policing resistance with the use of security forces on the ground.

From the time when suicide was considered equivalent to premeditated murder by the Canadian justice system to the decriminalization of attempted suicide in 1972, there was a dramatic reversal in how suicidal behaviors were viewed by society. Through an analysis of cases involving suicide attempts in Quebec between 1892 and 1972, we will examine the shift in the legal interpretation of attempted suicide. The law and medical science occasionally compete with one another to impose their own explanations of attempted suicide. These views are not mutually exclusive, though they are, at times, mutually reinforcing. Furthermore, the social reaction toward suicidal behaviors began to migrate from the criminal to the medical within the context of the courts, resulting in de facto decriminalization before such measures were inscribed into law.