Transnational and Cross-Border Criminal Law

Canadian Perspectives


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Product Description

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.



List of Abbreviations

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

Table of Cases

Table of Instruments


About the Editor

“Professor Currie has assembled a wide-ranging and insightful survey by some of the world’s leading experts on the important and rapidly developing subject of transnational criminal law. The collection demonstrates the wide reach and increasing importance of international law to Canadian criminal practice and gives practitioners ready access to the key sources and principles.”
The Honourable Thomas A. Cromwell, former justice of the Supreme Court of Canada, Senior Counsel, Borden Ladner Gervais LLP
“Applause for Professor Currie and all of the authors who contributed to this book. Cross-border and transnational issues abound in criminal law today. The deep expertise shared by the authors is probing and far-reaching, ranging from jurisdictional, to substantive, to evidence gathering and Charter issues. And that is just a start. An essential contribution to Canadian legal literature.”
Associate Chief Justice Michal Fairburn, Court of Appeal for Ontario
“Those who study and practice criminal law today need to understand what happens when criminal laws extend beyond Canada’s borders. This excellent collection brings together a great combination of leading academics and practitioners to provide superb commentary on a wide range of topics, from extradition to money laundering to terrorism.”
Kent Roach, CM, University of Toronto
“A must-read for any criminal lawyer who wants to understand the role that borders play in the investigation, prosecution, and defence of criminal cases — which should be every criminal lawyer.”
Gerald Chan, Stockwoods Barristers
“Professor Currie was the first academic of the globalization era to identify a core problem with our concepts — namely, tackling crimes that cross borders requires understanding of both criminal law and international law, but legislators, policy-makers, and lawyers do not truly share a common legal language. Through this multi-layered collection, he continues to advance understanding of an increasingly necessary field.”
Professor Darryl Robinson, Faculty of Law, Queen’s University
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