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TWO DAYS - brocku.ca€¦ · Andrew Stubbs, Department of English, University ofRegina, "Forensic Rhetoric in Epiphanic Space: Crime as an 'Idea of Order' in Canadian Long Poet-ics"

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Page 1: TWO DAYS - brocku.ca€¦ · Andrew Stubbs, Department of English, University ofRegina, "Forensic Rhetoric in Epiphanic Space: Crime as an 'Idea of Order' in Canadian Long Poet-ics"

TWO DAYS/.' / )

2003

CRIMEJLN CANADA:

\\ •''' I! I !.' 'I / , ';'./'./•

Centre for Canadian Studies

Senate Chamber

Brock University

Page 2: TWO DAYS - brocku.ca€¦ · Andrew Stubbs, Department of English, University ofRegina, "Forensic Rhetoric in Epiphanic Space: Crime as an 'Idea of Order' in Canadian Long Poet-ics"

Two Days of Canada 2003

CHnnfc an Canada; Law and Dls/Orcf-e;^

WEDNESDAY, NOVEMBER 5

8:15-9:00 Senate ChamberRegistration and CoffeeWelcome:

Murray Wickett, Director,

Centre for Canadian StudiesDavid Atkinson, President,Brock University

9:00 -10:00 Senate ChamberBrett JosefGrubisic, Depart-ment of English, University ofBritish Columbia, "Victim-lessCrime?: Re-inscribingDorothy Stratten and theConventions of Victimhoodin Lynn Crosbie's DorothyL'Amour"

Shannon MacRae, Departmentof English, University ofTo-ronto, "Forensics and the

Fleur-de-Lys: Images of

'Criminal Quebec' in KathyReichs' Tempe BrennanNovels"

Chair: Jane Koustas, Modem

Languages, Literatures andCultures, Brock University

Page 3: TWO DAYS - brocku.ca€¦ · Andrew Stubbs, Department of English, University ofRegina, "Forensic Rhetoric in Epiphanic Space: Crime as an 'Idea of Order' in Canadian Long Poet-ics"

10:00 -11:00 Senate Chamber

Andrew Stubbs, Department ofEnglish, University ofRegina,"Forensic Rhetoric in EpiphanicSpace: Crime as an 'Idea of

Order' in Canadian Long Poet-ics"

Jim Leach, Department of Com-munications, Popular Culture and

Film, Brock University, "NewBodies for Old: The Figure ofthe Serial Killer in LeCollectionneur"

Chair: Barry Grant,Communications, Popular Culture

& Film, Brock University

11:00 -12:00 Senate Chamber

JeffShantz, Department ofSociol-ogy, York University, "TheCriminalization of Dissent inOntario"

Jessica Gardiner, Graduate Centrefor the Study of Drama, Universityof Toronto, '•'•The Swamp of

Death: Representing ReginaldBirchall, the Performance ofTrial"

Chair: Hugh Gayler, Geography,Brock University

12:00-1:00 Lunch Break

1:00 - 2:00 Senate ChamberDavid Bright, Department ofHis-

tory, Brock University, "TheImpact of Technology on PoliceEfficiency in Calgary, 1918-1939"

Gino Arcaro, Police Foundations/Law & Security Programs, Niag-ara College, "PoliceInterrogation: Rules of Evidenceand Best Practices"

Chau": Neta Gordon, English,Brock University

Pond InletJoseph Michalski, Department ofSociology and Criminology, Uni-versity of Western Ontario,"Early Life Experiences as Ante-cedents of Criminal Behaviour:The Family Histories andCareer Trajectories ofIncarcerated Men in a Medium-

Security Facility"

Laurie Jacklin, Social History ofMedicine and Psychiatry, Univer-sity of Waterloo, "Crime, Vio-

lence, and Mental Disorder atthe Rockwood Mental Asylum(Kingston, Canada), 1880-1900"

Chair: Chris Fullerton, Geography,Brock University

Page 4: TWO DAYS - brocku.ca€¦ · Andrew Stubbs, Department of English, University ofRegina, "Forensic Rhetoric in Epiphanic Space: Crime as an 'Idea of Order' in Canadian Long Poet-ics"

2:00-3:00 Senate Chamber

Paul Kopas, Department ofPoliti-cal Science, University of WesternOntario, "Exploring theDiscourse on EnvironmentalCrime in Canada"

John McMullan & MelissaMcClung, Department ofSociology and Criminology, St.Mary's University, "Crime Out:Press Reporting, News Truth,and the Westray Inquiry"

Chair: Marian Bredin, CPCF,Brock University

Pond Inlet

Lorraine Berzins, Church Councilon Justice and Corrections,

"Generating a New Mindset for'What Justice Is....'"

Rebecca Raby, Department ofChild and Youth Studies, BrockUniversity, "No SpaghettiStraps! High School Dress andDiscipline Codes Before and Af-ter the Safe Schools Act"

Chair: Kate Bezanson, Sociology,Brock University

3:00 - 4:00 Senate Chamber

Diane Cracker, Department ofSociology and Criminology, SaintMary's University, "RepresentingStalking in Law: Constructionsof Victims and Offenders"

Andrea Braithwaite, Departmentof Communications, Popular Cul-

ture and Film, Brock University,

"Revisiting Reality: WorkingThrough Law & Order's HappyEndings"

Chair: Angela Mills,English Language and Literature,Brock University

Pond InletStacey Hannem-Kish, Department

of Sociology, Carleton University& Michael Petrunik, Departmentof Criminology, University ofOttawa, "Circles of Support andAccountability: A RestorativeJustice Initiative for theReintegration of High Risk SexOffenders"

Heather Mclntyre, Department ofPolitical Science, BrockUniversity, "Restorative Justice:The Benefits"

Chair: David Whorley, PoliticalScience, Brock University

4:30 - 6:00 Pond Inlet PLENARY

Introduction and Chair: Lewis Soroka,Department of Economics

THE LAW COMMISSION OF CANADA

"What is Crime? Challenges and Alternatives"

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Nathalie Des Rosiers, President,Law Commission of Canada

Harry Glasbeek, ProfessorEmeritus, Osgoode Halle, Toronto,Ontario

Joe Hermer, Department of

Sociology & Criminology,University of Toronto

Janiae Benedet, AssistantProfessor, Osgoode Hall

7:00-8:00 Pondlnlet KEYNOTE ADDRESS:

Introduction and Chair: David Siegel,

Dean of Social Sciences, BrockUniversity

Edward L. Greenspan, Q.C.

"The Portrayal of CriminalLawyers in Hollywood: The RealCrime"

THURSDAY, NOVEMBER 6

9:00 - 10:00 Senate Chamber

Jonathan Swainger, Department ofHistory, University of NorthernBritish Columbia, "Unhinged:Policing Chaos at Mile '0' of theAIcan Highway, 1942-43"

Todd Gordon, Department ofPo-litical Science, York University,"Remaking the Working Class:Law and Order Policing andState Power Today"

Chair: Leah Bradshaw, PoliticalScience, Brock University

10:00 -11:00 Senate ChamberBamngton Walker, Department ofHistory, Queen's University,

"Black Canadians, Nationhood,and the Criminal Courts"

Paula Madden, Department of Ca-nadian Studies and Native Studies,Trent University, "RepresentingBlackness: A Discourse of Raceand Crime"

Chair: Murray Wickett, History,Brock University

11:00 - 12:00 Senate ChamberElise Chenier, Department ofHis-tory, McGill University, "QueerMigratious: A Sexual History ofToronto's Chinatown"

Jessa Chupik, Department ofHis-tory, History of Medicine Unit,McMaster University, "ThePecker Crimes: TreatingChildhood Masturbation inOntario, 1900-1920"

Chair: David Butz, Geography,Brock University

1:00-2:00 Senate ChamberDoug Wrigglesworth, Arthur Co-nan Doyle Collection, TorontoPublic Library & Victoria Gill,Special Collections Division,

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Toronto Public Library, "TheCare and Feeding of a SpecialCoUection: The Origins, Growthand Enrichment of the ArthurConan Doyle Collection at theToronto Public Library"

Respondents: Marilyn Rose andJeannette Sloniowski. GraduateProgram in Popular Culture, BrockUniversity

Chair: Anna Pratt, Sociology,Brock University

2:00-3:00 Senate Chamber

Lydia Miljan, Department ofPo-litical Science, University ofWin-dsor, "Canadian Television NewsDepictions of Crime, 1988-2002"

Mark Stoddart, Department ofSociology, University of Victoria,"The Marijuana Economy, Pub-Uc Safety and Power/Knowledgein the Vancouver Sun"

Chair: Danny Sampson, History,Brock University

Pond Inlet

Voula Marinas, Department ofChild and Youth Studies. Brock

University, "Neglected Featuresof Probation for Young Offend-ers in Canada: A PreliminaryExamination"

Kim Skakun, Department ofClinical Psychlogy, University ofSaskatohewan, & Dr. JeffreyPfeifer, Department ofPsychology/Canadian Institute forPeace, Justice and Secuhty,

University ofRegina,"The Cree-Speaking Legal AidLawyer Project: Responding tothe Linguistic Needs of First

Nations People"

Chair: Marzena Walkowiak,Modem Languages, Literatures/

Cultures, Brock University

3:00 - 4:00 Senate ChamberMarcia Blumberg, Department ofEnglish, Glendon College, YorkUniversity, "Re-Visioning Crimeon the Canadian Stage"

Marlene Moser, Department of

Dramatic Arts, Brock University,"Spectatorial Relationships inSharon PoUock's BloodRelations and DNA's Paula and

KarF

Chair: Emesto Virgulti, Modem

Languages Literatures andCultures, Brock University

4:00 - 5:00 Senate ChamberChris Gee, Sports Psychology,Brock University, "Boys Will BeBoys: The NaturalisticExplanation Still Dominates theSporting World"

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7:00-8:00

Sean Kheraj, York University,"The Aristocracy of Crime:Criminal Prosecution ofHomicide in Toronto, 1885-1920"

Chair: Kim Varma, Sociology,Brock University

Pond Inlet PLENARY

Introduction and Chair: Rosemary Hale,Dean of HumanitiesBrock University

Alan Young, Professor of Law, OsgoodeHall "Justice Defiled"

ABSTRACTS AND BIOGRAPHIES

Gino ArcaroPolice Foundations/Law & Security Program, NiagaraCollege

"Police Interrogation: Rules of Evidence and Best Practices"

Abstract:

Confessions are among the most valuable and most scru-

tinized types of evidence obtained during police investi-gations. The complicated science of interrogation maybe the most important police investigative skill. How-ever, no Canadian federal statute specifically governsthe rules of evidence relating to confessions or policeinterrogation techniques. The mles of evidence emergedthrough myriad case law decisions, spanning an eighty-year period, beginnmg with the Traditional ConfessionRule and evolving into the Contemporary ConfessionRule that created the first test of a two-part process re-quired to determine the admissibility of confessions.The proposed paper reviews the evolution of Canadiancase law relating to confession rules of evidence andbest interrogation practices. The central focus will em-

phasize the interpretation and application of two land-mark Supreme Court of Canada decisions, R. v. Oickle(2000) and R. v. Stillman (1997), their relationship withsection 24(2) Charter, and investigative strategiesdevised with the framework of the Supreme Court of

Canada guidelines established in those cases.

Gino Arcaro is currently the coordinator of the PoliceFoundations Program and the Law and Security Programat Niagara College, Welland, Ontario. He is the authorof Criminal Investigation: Forming ReasonableGrounds (4th edition), and as an instructor at NiagaraCollege has taught all the police vocational courses andhas coordinated both law enforcement programs for the

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past five years. His publications include 14 editions ofsix law enforcement textbooks and 88 case law articleswritten for Blue Line magazine.

Lorraine Berzins

The Church Council on Justice and Corrections

"Generating a New Public Mindset About 'What JusticeIs'"

Abstract:

The justice-defmiflg agenda in Canadian society tends to bedriven by the language of Canada's system of "criminaljustice : crime, punishment, prison time, cops, evidence,

courts. This presentation will discuss an initiative that is ex-ploring how a different agenda might find expression in thelanguage of the human heart and the reahns of emotional andspiritual experiences, driven by human relations andcommunity aspirations rather than state apparatus. Thispresentation will describe a national initiative to generate anew conversation about justice by stimulating the Canadianpublic to cast die subject matter into a broader framework ofinfonnation and meaning, with a new symbolic way of seeingand compelling imagery that offers a different language withwhich to describe experiences. The horizon for thisconversation seeks to draw in participants who can approachthe issues holistically and give expression to deeper layers ofquestioning and anguishing to be integrated into a newconversation space: the spiritual, the symbolic, the artistic.Conference participants will be invited to interact with theaims of this initiative, provide advice and consider furtherinvolvement.

Lorraine Berzins, MSW, has worked and published on Cana-dian criminal justice issues: corrections for men and women,"dangerousness," victim issues, personal and family violence.

Since 1984, she has worked with the National ChurchCouncil on Justice and Corrections as an advocate for justiceresponses that are relational, participatory and healing. CCJC

has an award-winniag track record in justice education.

Lon-aine is its first appointee to the position CommunityChair of Justice, which is spearheading this initiative.

Marcia BlumbergDepartment of English, Glendon College, York University

"Re-Visioning Crime on the Canadian Stage

Abstract:

In Blood Relations (1980) and Collateral Damage (1992),Canadian playwrights Sharon Pollock and Jackie Crossrespectively re-vision the Lizzie Borden axe murders

committed at die end of the nineteenth-century in the USAand the Medea myth staged as Greek Tragedy by Euripidesapproximately two and a half thousand years ago. AdrienneRich's notion of'Re-vision" - the act of looking back, ofseeing with fresh eyes, of entering an old text from a newcritical direction - is for women more than a chapter incultural history: it is an "act of survival." These plays alter

the focus from women as perpetrators of sensational, violentphysical acts to women positioned anew in theabricallymulti-layered interrogations of systemic violence enacted inpatriarchal societies. New spatio-temporal co-ordinates andumovative stagings render crimes from history andmythology relevant and urgent for contemporary audiences.Framing devices foreground anti-realistic productions tochallenge clearly defined evaluations of guilt or innocenceand situate spectators as putatively complicit participantswithin the altered contexts of the plays. Issues of gender,class, and sexual orientation are central to these re-visionings,

which transform linear narratives into complex andthought-provoking stagings that raise questions aboutculpability, complicity, and ultimately societal responsibility.

Marcia Blumberg teaches drama courses at York University.

She holds a Ph.D in English from York University and com-pleted a postdoctoral fellowship at the Open University inEngland working on theatre, activism, and representations of

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HIV/ATOS. Specializing in contemporary theatre, she haspresented numerous international conference papers,

published many articles on theatre and co-edited a book,South African Theatre As/And Intervention.

Andrea Braithwaite

Teaching Assistant, Department of Communications, PopularCulture and Film, Brock University

"Revisiting Reality: Working Through Law & Order's HappyEndings"

Abstract:

This presentation will examine the "Fools for Love" episodeof NBC's Law & Order (2000), in which the narrative is afictional account of Canada's infamous Paul Bemardo and

Karla Homolka trial. By drawing attention to cmcial changesbetween the episode's plot and the actual case, this instancecan serve as a starting point for hypothesizing about thecultural function of television. Rewriting this particular casewithin the American legal system demonstrates television'srole within social discourse for examining the Americanarticulation of a Canadian criminal prosecution. This can giveus insight into both our own legal system, and ourinterpretation of complex and shifting concepts like justiceand morality. The difference between fiction and reality seenin "Fools for Love" can be read as more than just poetic

license, and looking critically at the outcome of this episodein contrast to the Canadian legal verdict is one way ofexploring how television can function as a site of significantsocial expression about crime and justice, and how thesecultural concerns can be situated within a nationalisticdiscourse.

Andrea has recently completed her M.A. in Popular Cultureat Brock University and, to finance future schooling, is cur-rently a teaching assistant and occasional lecturer at Brock.Her M.A. thesis examined postmodern tendencies in NBC'slong-nmning drama Law & Order, and her research interests,

aside from television studies, include popular narrative formssuch as the Gothic, detection, science fiction and fantasy.

David BrightDepartment of History, Brock University

"The Impact of Technology on Police Efficiency in Calgary,1918-39"

Abstract:

Over the past two decades, historians have begun to explorethe evolution of municipal policing in Canada. Much of thiswork has focussed on the late-19th and early-20th centuries,

during which time police forces across the country weretransformed by efficiency campaigns, the impact of newtechaologies (eg. motor vehicles, electronic signal systems

and fingerprinting) and the rise of professionalism. Yetwhether these changes achieved their desired result - animprovement in police efficiency - is a question that hasreceived little critical attention. Drawing on data for theCalgary police force between 1918 and 1939, this paperaddresses that question. First, it considers the majorproblems faced by the city police force before 1914,problems shared with forces elsewhere but often inexaggerated form. Second, it traces the developments in

post-war policing that addressed and, in large measure,

overcame these problems. Third, it measures the impact of

these changes on police efficiency. This assessment is basedon evidence for ten major categories of criminal offence, andexplores the pattern of relative conviction rates over these

years.

David Bright has degrees from the University ofBu-ming-ham, England (BA, 1987) and the University of Calgary(MA, 1990; Ph.D, 1995). His doctoral dissertation waspublished as The Limits of Labour: Class Formation and theLabour Movement in Calgary, 1883-1929, a book which in1999 received the CHA award for Prairie History. He hasalso published widely on labour, social and police/crime

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history, his work appearing in such journals as the CanadianHistorical Review, Labour/Le Travail and Criminal JusticeHistory. He is currently working on a study ofvagrancy andsocial justice in western Canada before World War II.

Elise Chenier

Department of History, McGill University

"Queer Migrations: A Sexual History of Toronto's PostwarChinatown"

Abstract:

This paper examines how well documented practices ofexclusion, legitimized in large part by accusations of sexualimmorality, gave rise to an undocumented socio-sexual

culture m post-World War II Toronto. Briefly, Toronto's bestknown lesbian bar ia the late 1940s and 50s was located inthe heart of Chinatown. The mostly white, Anglo-Celticwomen who patronized it forged a range of relationships withmembers of the local Chinese "bachelor society,"

relationships that included prostitution, domestic companion-ship, and even paid work in the Chinese community centre.

Before the repeal of immigration restrictions against "Asian"populations, Chinese prostitutes, Chinese men and Anglo-Canadian gay women were more inclusive in their exclusionthan we might have imagined. In bringing together a widecross section of themes in Canadian history includingimmigration, sexual regulation, Chinese bachelor societiesand the history of lesbians and prostitution, this paperexpands the categories of accommodation and adaptation, andcontributes to our understanding of how local conditionsimpacted the way cultures and practices take shape, providingfurther evidence of the necessity of engaging with the historyof sexuality in developing our understanding of the past.

Elise Chenier recently completed a SSHRC Post-DoctoralFellowship in the Department of History at McGillUniversity. Her research focuses on the history of sexualityin twentieth-century Canada. She has most recently

published "Segregating Sexualities: The Prison 'Sex Prob-lem' m Twentieth-Century Canada and the United States" in

Isolation: Places and Practices of Exclusion, eds. CarolynStrange and Alison Bashford (Routledge, 2002): 71-85.

Jessa ChupikDepartment ofHistory/History of Medicine Unit, McMaster

University

"The Pecker Crimes: Treating Childhood Masturbation in

Ontario, 1900-1920"

Abstract:

Masturbatioa was one of the most common behaviours

associated with admission for children to the Ontario Schoolfor the Feebleminded at Orillia in the early part of thetwentieth-century. la fact, masturbation by girls and boyswas considered by medical experts and families to be one ofthe leading causes of "mental deficiency." Methods ofcontrol were attempted at a local level, without much success;

therefore, admission to institutional care became one of theforms of treating this fearful behaviour. This paper willexplore the portrayal and treatment of childhood masturbationas"deviant" and possibly leading to "criminal" behaviour inOntario from 1900-1920, and will be illustrated by lay andmedical impressions from patient case files at the OntarioSchool for the Feebleminded at Orillia. Encouraged by therhetoric ofmasturbatory insanity by medical professionals,neighbours, families and other community members pushedfor the treatment and confmement of these children dreadingthe effect that untreated "offenders" could have on the com-munity. This paper will argue that complex factors, primarilyfamily structure, gender, and severity of disability mfluencedmethods of treatment prior to and duhng confmement. Thestructure of a family, including single mothers, youngerchildren, and working situations (including class), limited theability of some families to seek training or methods oftreatment prior to confinement. The gender of the offenderhad a profound impact as young boys were treated with more

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somatic methods while behavioural training attempted tocontrol girls. Lastly, the treatment methods were limited tochildren with less severe disabilities given their more likelypossibility of returning to the community.

Jessa Chupik is a Ph.D candidate (ABD) in the Department ofHistory and the History of Health and Medicine Unit atMcMaster University. She holds a Master of Arts Degreefrom the Frost Centre for Canadian Studies and NativeStudies at Trent University. Most recently, she has presentedher research on the history of children and youth withintellectual disabilities at the Canadian Society for the His-tory of Medicine in Halifax, the American Association for theHistory of Medicine in Boston, Open University's History ofAdvocacy and Self-Advocacy Conference in Milton Keynes,England, the Social Science History Association Conferencein St. Louis, and the International Congress on the History ofMedicine ia Istanbul, Turkey.

Diane Crocker

Department of Sociology & Criminology, Saint Mary'sUniversity

"Representing Stalking in Law: Constructions of Victims andOffenders"

Abstract:

This presentation will provide an overview of how case lawon stalking has evolved since the enactment of the lawprohibiting "criminal harassment," which criminalizesbehaviours that were once considered normal or acceptable.

Under this provision, a person may not cause another person

to feel fear by following, watching, calling or communicatingwith them in any way. The case law that has unfolded sincethe enactment of the law provides a unique window into legalconstruction of victims (mainly women) and offenders(mainly males). This paper draws on the case law to providea critical evaluation of the way ia which victims andoffenders are constructed in judicial discourse, and pays

particular attention to comparing the construction of victimsand offenders in cases involving intimates versus cases

involving non-intimates. The paper concludes with

suggestions for changing Canadian law.

Diane Cracker's research and teaching interests include femi-

nist criminology, violence against women, research methods,

and the criminal justice system. Her past research addressedworkplace sexual harassment and involved the analysis of anational survey measuring the extent of the problem in Can-ada. Her doctoral dissertation, "Regulating Intimacy: JudicialDecision Making in Cases of Wife Assault," analysed legalcases revealing how judges rationalized their sentencingdecisions. Her current research involves cases of assault

involving strangers and comparing these cases to those

involving spouses.

Nathalie Des RosiersPresident, Law Commission of Canada

"What is Crime? Challenges and Alternatives"

Abstract:

In March 2003, the Law Commission of Canada releasedWhat is a Crime? Challenges and Alternatives, a discussionpaper that explores why certain behaviour is defined as"unwanted" or "criminal," as well as the implications of

choosing one or more intervention strategies to deal withvarious behaviours. What is a Crime? suggests that the waysm which behaviours are understood and defined will affectwhether or not they are deemed to be unwanted, and whetherone or more intervention strategies will be used to deal withthem. Why is some behaviour considered unwanted? Why dowe consider that some behaviour warrants the label of"crime"? Why do we use criminal law to respond to sometypes of behaviour and not others? This presentation willexamine these and other questions that are raised in What isCrime? Challenges and Alternatives.

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Nathalie Des Rosiers is President of the Law Commission ofCanada. She is a Professor of law on leave from the Facultyof Law - Common Law - at the University of Ottawa. From

1987 to 2000, Ms. Des Rosiers was a member of the Facultyof Law, University of Western Ontario. She was Law Clerkto Justice Julien Chouinard at the Supreme Court of Canadafrom 1982 to 1983 and in private practice until 1987. Ms.Des Rosiers is a Past-President of the Association desjuristesd'expression francaise de 1'Ontario (AJEFO) and of theCanadian Law Teachers Association. She was a member of

the Environmental Appeal Board, from 1988 to 2000 and amember of the Ontario Law Reform Commission from 1993to 1996. She received the medal of the Law Society of UpperCanada in 1999 and the Order of Merit from the AIEFO in2000. Ms. Des Rosiers obtained an LL.B from the Universitede Montreal in 1981 and an LL.M from Harvard University in1984. She became a member of the Barreau du Quebec in1982 and of the Law Society of Upper Canada in 1987.

Presenting with Natalie Des Rosiers will be otherrepresentatives of the Law Commission of Canada:

• Joe Hermer, Department of Sociology &Criminology, University of Toronto,specialist in the area of the criminalization ofpoverty.

• Harry Glasbeek, Professor Emeritus, YorkUniversity, Osgoode Hall Law School,presenting on his latest work, Wealth ByStealth: Corporate Crime, Corporate Law,

and the Perversion of Democracy.

• Janine Benedet, Assistant Professor,

Osgoode Hall.

Jessica Gardiner

Graduate Centre for the Study of Drama, University ofToronto

"The Swamp of Death: Representing Reginald Birchall, thePerformance of Trial"

Abstract:

The Curtain Rung Up At Last/On the Drama in Woodstock's

Temple of Thespis"/ The little Town Hall serves the purpose of an

opera house, but never in its history has a play been placed on the

boards at all approaching in subtlety of plot, dramatic situations, or

nicety of detail, the drama in real life which will be enacted in the

trial of Rex Birchall. (Sept. 19, 1890, morning ed.)

Thus began the Toronto World's coverage of the trial ofReginald Birchall. Contrary to its billing, however, themurder ofF.C. Benwell by Reginald Birchall was atransparent and unexceptional crime lacking in the nuancepromised by the popular press. It may seem surprising thenthat, although largely forgotten now, this trial was the mostsensational Canadian murder trial of the late nineteenthcentury. It was Reginald Birchall's presentation ofselfihatperhaps more than any other factor lent the trial its notoriety.A Oxonian and one time professional theatre manager,Birchall presented himself as an innocent and martyredaesthete, a victim of Canada's unpracticed if not uncivilizedlegal system. Taking into consideration the unusual mise-en-

scene of this trial, this paper will explore how the relationshipbetween the hierarchies and conventions of trial ritual andnineteenth century theatre practice influenced publicexpectation at Reginald Birchall's trial.

Jessica Gardmer is a Ph.D candidate at the University ofToronto's Graduate Centre for Study of Drama. Her

dissertation is a cultural study of theatre as social practice inToronto during the eighteen nineties. She currently works asManagmg Editor for the scholarly journal Theatre Researchin Canada/Recherches Theatrales au Canada and wasrecently elected as Ontario Representative for the Associationof Canadian Theatre Research. She is Co-Artistic Director ofthe Toronto-based theatre company, Stubborn Muses.

Chris GeeSports Psychology, Brock University

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"Boys Will Be Boys: The Naturalistic Explanation StillDominates the Sporting World"

Abstract:

Violent behaviours within the sporting world have becomemcreasingly more prevalent and consequential. However,

these violent assaults are still predominantly reprimanded byinter-sport disciplinary tribunals and not the CanadianCriminal Court system. The primary defence forwarded byathletes and administrators alike, is that these violentincidents are a natural result of the speed and physicalitypresent in contemporary sport. However, this argument fliesin the face of a considerable amount of empirical research.These malicious acts in sporting events are unequivocallyintentional and often times premeditated, thus fulfilling thenecessary requirements for classification as assault. This

paper outlines how violent behaviours are learned andreinforced through sport and will discuss why the courts havebeen so reluctant to prosecute the perpetrators of these acts.

The effect that these violent incidents have upon spectators,and society as a whole, will also be discussed. Sport, in itspurest form, presents an ideal environment for proper

socialization. However, contemporary social ideologies have

perverted sport and have consequently turned it into atraining, breeding, and hiding ground for violent offenders.

Chris Gee is currently in the second year of an M.A. SportsPsychology Degree at Brock University. His researchinterests lie in the area of Group Dynamics, and specificallym examining the dynamic nature of aggressive behaviour mhockey. His recent presentation at the Eastern Canada Sportand Exercise Psychology Symposium (ECSEPS) was entitled

"Direct Obsen'ation of Aggressive Behavior in Hockey:AProposed Study."

Todd Gordon

Department of Political Science, York University

"Remaking the Working Class: Law and Order Policing andState Power Today"

Abstract:

This paper will provide a political-economic analysis of theemergence of law and order policies in advanced capitalistcountries in the 1980s and '90s, with a particular focus onCanada. Employing the theoretical framework of the "OpenMarxists," it will explore the central role public police, underthe guise of law and order, have played in neoliberalrestructuring. It will be argued that law and order policing,following the historical development of modem policing inthe context of industrial capitalism, has very little, ifanything, to do with cnme-fighting, but instead is aimed atthe recomposition of the working class into a cheaper andmore flexible labour force. This recomposition is pursued bypolice through, among other things, anti-vagrancy policies,

such as Ontario's Safe Streets Act, which serve to diminishany alternative to the wage form for subsistence. As Sears

(Studies in Political Economy, 1999) suggests, these policies"reiaforce market discipline by visibly suppressing forms of'deviant' conduct which threaten the nonns of commodityexchange." Thus law and order policing should properly beunderstood as one end of a continuum of state strategies

which also includes cuts to social benefit schemes that aregeared towards inhibiting working peoples' opportunities toavoid the worst forms of wage labour, and towardsconcomitantly duninishing their expectations with respect towages and job security. Given the pervasiveness ofaggressive law and order policies among several of theadvanced capitalist countries that have played a leading rolein pursuit ofneoliberal restructuring, the paper identifiesthese coercive policies as part of the form of capitalist statesunder neoliberalism and not simply as the coincidentalproduct of various right-wing governments.

Todd Gordon is currently a Ph.D. candidate in theDepartment of Political Science at York University inToronto, and is writing his dissertation on the emergence and

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role of law and order policing m contemporary Canada.

Edward L. Greenspan, Q.C.

Barrister & SolicitorGreenspan, Henein and White

"The Portrayal of Criminal Lawyers in Hollywood: The RealCrime"

Edward L. Greenspan, Q.C., L.L.D., is the senior partner of

the Toronto law firm of Greenspan, Henein and White. Hehas been practicing in Toronto since 1970 and received hisQueen's Council in 1982. In 1987, he co-authored hisbest-selling autobiography, Greenspan, The Case for theDefence with George Jonas. He is the editor-in-chief of themost widely used annotated Criminal Code of Canada,co-editor of Martin's Related Statutes, Martin 's Ontario

Criminal Practice and editor-in-chief of Canadian CriminalCases. Mr. Greenspan is a vice-president of the Canadian

Civil Liberties Association. He has been involved in some ofthe most high profile criminal cases in Canada, including thedefence of the former Premier of Nova Scotia, Gerald Regan.

Brett Josef Grubisic

Department of English, University of British Columbia

"Victim-less Crime?: Re-inscribing Dorothy Stratten and theConventions ofVictimhood in Lymi Crosbie's DorothyL 'Amour"

Abstract:

Vancouver-bom Dorothy Stratten was a archetypal

Hollywood "success story," yet one with ambiguous

meaning. After her beauty was discovered and capitalized onby legendary impresario Hugh Heftier, Stratton became aPlayboy centerfbld and a fixture in his culture of sex andcelebrity. She was murdered by her estranged husband in1980. Working with the Stratten life-parable in her 1999novel, Dorothy L 'Amour, Lynn Crosbie takes a complex and

ambiguous approach, doubly re-inscribing that narrative so

that its ostensibly straightforward lesson fragments. Thepaper investigates the political ramifications ofCrosbiesstrategy. By (apparently) representing an unexpectedlylearned, anarchic and self-possessed Stratten - who was an

active agent in her own destiny - the novel diverges from thepopular depiction of Stratten as naive female victim. DorothyL 'Amour also directs attention to the complicity of writers(Crosbie included) in post-mortem violence by emphasizingthe novel's own divestiture of the "real" Stratten's agency in

the telling of her life story.

Brett JosefGmbisic teaches in the English Department at theUniversity of British Columbia. A specialist in contemporaryCanadian and British literature, he has recently publishedarticles for the Encyclopedia of Literature in Canada,Cambridge Guide to Women's Writing in English andDictionary of Literary Biography. He has edited twoanthologies of North American literature: Carnal Nation(2000); and Contra/diction (1998), co-edited with CarellinBrooks.

Stacey Hannem-KishDepartment of Sociology, Carleton UniversityMichael PetrunikDepartment ofCriminology, University of Ottawa

"Circles of Support and Accountability: A Restorative JusticeInitiative for the Reintegration of High Risk Sex Offenders"

Abstract:

Circles of Support and Accountability (COSA) is afaith-based, volunteer driven, Canadian restorative justiceinitiative for the reintegration of high-risk sex offenders whohave been denied both parole and statutory release and helduntil warrant expiry. In a society that is increasingly punitivetoward those who offend sexually, especially againstchildren, COSA is a unique blend of community protectionand restorative justice philosophies, striving to uphold the

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dual motto of "No more victims" and "No one is disposable."

Preliminary research suggests that the COSA model has beensuccessful in both increasing community safety andimproving the reintegration of high-risk sex offenders, butthere are potential pitfalls as COSA faces pressures to expandits original mandate and become more closely linked to stateagencies of social control. In this presentation we outline thehistorical and political context that led to the emergence ofthe COSA initiative in Canada in the mid 1990s. We alsoexamine how Circles work in practice, and conclude with acritical analysis ofCOSA as a form of social control wherethere are tensions between the ideals of restorative justice andthe demands of community protection.

Stacey Hamiem-Kish is currently a student at the Universityof Ottawa completing a Masters research project incriminology on the subject of Circles of Support andAccountability. Her other research interests include prisonerreintegration, aboriginal justice issues and correctionalpractices. She will subsequently pursue a Ph.D in Sociologyat Carleton University.

Michael Petrunik is an Associate Professor of Criminology atthe University of Ottawa with a particular interest in sexoffenders, dangerous offender policy, minorities and justice,and social constructionist theory. His most recent

publication, "The Hare and the Tortoise: Dangerousness andSex Offender Policy in the United States and Canada" TheCanadian Journal of Criminology and Criminal Justice(January 2003). He is currently working on a study ofadvocacy groups for persons who stutter.

Laurie JacklinSocial History of Medicine and Psychiatry, University ofWaterloo

"Crime, Violence, and Mental Disorder at the RockwoodLunatic Asylum, (Kingston, Canada), 1880-1900"

Abstract:

During the late-Victorian period, there emerged a livelypublic debate between Canadian magistrates and physiciansas to the relationship between criminal behaviour and mentaldisorder. Shortly after the establishment of the ProvincialLunatic Asylum (1850), the Dominion governmentconstructed another institution in Kingston (1856) designed toaccept individuals who had committed criminal offences andwere considered "insane." Also known as the Rockwood

Asylum, this institution thus represeuted Canada's firstcriminal lunatic asylum. There has been little researchanalysing the extent to which patients' behaviour in the legaland irrevocable committal warrants actually conformed toindependent medical observation. Did patients display, afteradmission, the "violent" behaviour mandatory for admissionby warrant? My research investigates these medical recordsto compare the reported pre and post-admission behaviours.

There was little, if any, correlation between the behaviouraldescriptions in the criminal warrants and that observed afteradmission, suggesting the use of warrants to expedite

admissions to the under-capacity asylum system, and to

transfer the life-time costs of patient care to the government.

This research also uncovered the multi-institutional (Queen'sUniversity, Royal College of Physicians and Surgeons,Women's Medical College, and Rockwood Asylum) postmortem interest in, and the use of, lunatic cadavers for

medical research and education, despite laws to the contraryregarding bodies of those patients whose only crime was theirmsamty.

After a successful career in the private sector, Lauhe Jacklinbecame a full-time student of the social history of medicineand psychiatry. She recently graduated with distinction fromMcMaster University with an Honours B.A., winmng theBarns Memorial Prize in History as well as the HumanitiesMedal for Special Achievement. As a Master's Candidate atthe University of Waterloo, she is the recipient of a HannahInstitute of the History ofMedicine/Associated MedicalServices Master's Scholarship.

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Scan KherajPh.D Student, York University

"The Aristocracy of Crime: Criminal Prosecution ofHomicide in Toronto, 1885-1920"

Abstract:

This paper addresses the late nineteenth and early twentiethcenturies m Toronto, when homicide was a rare and

uncommon crime. Often occurring among working class

men, homicidal violence tended to emerge from the lifestyleand culture of Toronto's working class. From tavern brawls

to spousal violence, cases of manslaughter and murder were

prosecuted by the state within a criminal justice system thatwas dominated by the values and interests of the morepowerful in Ontarian society. Working class defendants werejudged and measured often by the standards of the middleclass. However, this imbalance of power did not necessarilywork to the disadvantage of these defendants. Cunning andsomewhat manipulative lawyers along with the friends andfamilies of those standing trial were able to utilize the valuesof the middle class to obtain favourable verdicts andsentencing.

Sean Kheraj is a Ph.D student at York University. Hecompleted his Master of Arts degree in History last year atYork and holds a Bachelor of Arts degree in honours historyfrom the University of British Columbia. His major researchpaper examined homicide in Toronto from 1885 to 1920looking at the circumstances ofhomicidal violence duringthis period and the prosecution of cases of manslaughter andmurder. Currently he is working on an environmental historyof Vancouver's Stanley Park.

Paul KopasDepartment of Political Science, University of WesternOntario

"Exploring the Discourse on Environmental Crime inCanada"

Abstract:

What constitutes environmental crime in Canada is not wellestablished and, indeed, is contested between legal and moresociological or cultural definitions of crime. The proposedpaper will argue that crime, as a concept, is sociallyconstructed and that many participants seek to be involved inits definition. With specific respect to environmental crime,there are politically and economically powerful interestsseeking to limit the definition while sophisticated publicinterest groups seek to broaden it. Since environmental law is

a relatively new field for debate, policy making andadjudication, these conceptions are in rapid flux. The paperwill examine several definitions of crime and explore theirrelation to environmental issues in Canada before positingthat crime is a socially constructed concept. It will thenoutline the main participants in the debate and present their(putative) views on crime and the environment. Participantsare mainly key government agencies, powerful economicinterests, and professionalized public interest groups. The

paper will conclude by arguing that change is occurring in thedefinition of enviromnental crime at both the judicial andpublic levels because public interest groups are (somewhat)successfully changing concepts about the understanding ofcrime and the environment.

Paul Kopas began his career by studying economics (B.A.Honours, UBC) with a concentration on environmentalissues. After a decade of working on public environmentalmanagement issues, mostly with Fisheries and OceansCanada, he returned to university to earn his M.A. (UBC) andPh.D (University of Toronto). He currently writes about therole of ideas in policy making for parks and protected areas,and the public management of scientific knowledge, andabout the relations between the state and society inenvironmental protection.

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Jim LeachDepartment of Communications, Popular Culture & Film,Brock University

"New Bodies for Old: The Figure of the Serial Killer inLeCollectionneur"

Abstract:

Jean Beaudin's 2001 film Le Collectionneur is the firstadaptation of a novel by Chrystine Brouillet, a prolific authorwhose crime fiction features a female Quebec City policeofficer. Maud Graham. In£e Collectionneur, she searches

for a serial killer in a plot that combines a detailed evocationof its local setting (the picturesque old city and the night lifeof the new city) and the graphic imagery and suspenseassociated with the recent Hollywood contributions to thegenre. This paper will examine the film in the context of thehistory of the crime film in Quebec, with special attention tothe way in which criminal violence functions as an expressionof social and political tensions.

Jim Leach is currently very pleased to be the former Chair ofthe Department of Communications, Popular Culture andFilm at Brock University. He is the author of Claude JutraFilmmaker (Montreal: McGill-Queen's University Press,1999) and co-editor with Jeannette Sloniowski of CandidEyes: Essays on Canadian Documentaries (Toronto:University of Toronto Press, 2003). His ongoing projects in-elude books on British and Canadian cinema and the thirdCanadian edition of Understanding Movies (with Louis Gian-

netti).

Shannon MacRaeDepartment of English, University of Toronto

"Forensics and the Fleur-de-Lys: Images of 'Criminal

Quebec' in Kathy Reichs' Tempe Breiman Novels"

Abstract:

This paper examines Kathy Reichs' enomiously popularTempo Brennan novels and their representations of theprovince of Quebec as a gothic centre of criminality.Specifically examining Reich's first two novels, Deja Deadand Death du Jour, dus paper argues that Reichs draws fromthe tradition of constructing both Quebec and the city ofMontreal as centres of illicit activity - a tradition which thispaper contends is prevalent in North American popularfiction throughout the nineteenth and twentieth centuries.This paper further argues that Reichs' reliance on scientificand forensic discourse serves to reinscribe both the literal andfigurative borders between Canada and the U.S.

Shannon MacRae is a Ph.D. (ABD) student in English at theUniversity of Toronto and a junior fellow ofMassey College.She is currently completing a study of the Canadian religiousnovel and is interested in Canadian children's literature.

Paula MaddenDepartment of Canadian Studies & Native Studies, TrentUniversity

"Representing Blackness: A Discourse of Race and Crime"

Abstract:

This paper explores how "blackness" is represented in aseries on Race and Crime in the Toronto Star. Thisrepresentation is examined using police crime data,interviews with the black community, analysis and reportsfrom the journalist who produced the series, an experiencedStar columnist, police officials and elected representatives.How do members of the black community and blackorganizations represent "blackness"? What is their responseto the articles? Writers such as Hall and Frankenberg help usto understand how "blackness" is constructed and the place of"whiteness" in its construction. For as Hall suggests, "The

'white eye' is always outside the frame - but seeing and

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positioning everything within it" (The Whites of their Eyes:Racist Ideology and the Media). Frankenberg sharpens ourunderstanding of "whiteness," making clear its characteristicsand how it operates. These theorists and others assist us inunderstanding that an examination of "blackness" is alsonecessarily about "whiteness," notably the way in which"blackness" is named, debated and assigned characteristics,while "whiteness" and the position from which the articlesare written is not mentioned. "Whiteness" and its position innaming and shaping the discourse though powerful, remainsinvisible. This paper attempts an uterrogation of theconstruction of "blackness" in the Race and Crime series and,at once, it also attempts to expose the role "whiteness" plays

in this construction.

Paula Madden holds a Bachelor of Education Degree fromBrock University and is currently pursuing a Masters Degreein Canadian Studies and Native Studies at Trent University.

Voula MarinosDepartment of Child & Youth Studies, Brock University

"Neglected Features of Probation for Young Offenders inCanada"

Abstract:

Since April 1st, 2003, Canada has had a new Act governingyouth crime, the Youth Criminal Justice Act (YCJA).Probation remains relatively similar in the new Act comparedto the Young Offenders Act. Although probation is the mostsignificant disposition for young offenders (48% of allconvicted cases in Canada in 2000-2001), we have littleinformation about its use, effectiveness, and the extent to

which it is breached. In fact, little is known about how andwhy it is imposed, and what the courts intend to accomplishwith this sanction. The present study involves an analysis ofpast data on the use of probation for young offenders. Thisstudy will provide an understanding of the multipledimensions of this sanction, and potential areas for reform.

Voula Marines received her Ph.D in Criminology from theCentre ofCriminology, University of Toronto in September2000. Her research involves a critical examination ofsentencing and punishment for both young and adultoffenders. She co-authored Youth Crime and the YouthJustice System in Canada: A Research Perspective (1995)with Anthony Doob and Kimberley Varma. She completed aSSHRC postdoctoral fellowship at the Faculty of Law,Queen's University in 2002, exploring the purposes of 30-daysentences of imprisonment in Canada - the most common

length of imprisonment for both adult and young offenders.She is currently an Assistant Professor at the Department ofChild & Youth Studies at Brock University.

Heather MclntyreDepartment of Political Science, Brock University

"Benefits of Restorative Justice"

Abstract:

The Canadian public believes youth crime is increasingdramatically, as well as the severity of offences youthcommit. Harsher penalties for young offenders are beingdemanded. The federal government is aware of the facts,

which indicate that youth crime is not on the rise and thatmajority of crimes committed by youth are minor propertycrimes not violent offences. In April 2003, the federalgovernment enforced a new law, the Youth Criminal JusticeAct, which replaced the Young Offenders Act. A keyobjective of the new Act is to increase the use ofextrajudicialmeasures, like restorative justice, when dealing with youthwho commit less serious offences, such as non-violent and

minor property offences. Restorative justice is not a newapproach. Historically in Canada, it was used by Aboriginalsto resolve conflict but fell into disuse with the arrival of theEuropeans. Presently, this method of resolving conflict isemployed in certain regions of some provinces. Although thefederal government promotes the use of restorative justice

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programs, provincial governments are responsible for

implementation. The purpose of the paper is to analyze whyprovincial governments should implement a restorativejustice approach when dealing with youth who commit lowend offences, outlinmg several benefits that restorative justiceoffers to victims, community members and offenders.

Heather Mclntyre is presently enrolled in a Master of Arts inPolitical Science at Brock University. Her areas of interestinclude juvenile justice and children's rights and her thesisfocuses on corporal punishment in Canada. She has workedas a trained facilitator for the Island Community Justice Soci-ety, a non-profit organization in Sydney, Nova Scotia thatdelivers Nova Scotia's Restorative Justice Program. On avoluntary basis. Heather has also facilitated various types ofrestorative justice conferences.

John McMullanMelissa McClungDepartment of Sociology & Criminology, Saint Mary s

University

"Crime Out: Press Reporting, News Truth, and the WestrayPublic Inquiry"

Abstract:

This paper examines the relationship between power,knowledge, truth, and the role of the mass media in therepresentation of the Westray public inquiry (1995-1997). Bymeans of content analysis, we study the relationship betweennews sources, knowledge claims and regimes of truth

surrounding the production of news. We analyze how news

discourse was different from news coverage in the immediateaftermath of the explosion (1992-1993), but we conclude thatthe "truth games" of the press, while critical of power,seldom mobilized a vocabulary of corporate crime in theirreporting. We explain this in the context of a theoreticaldiscussion ofFocault's concept of "the politics of truth" andCohen's ideas about "states of denial."

John L. McMullan is a professor of Sociology andCriminology at Saint Mary's University in Halifax, NovaScotia. His books on Criminology include The CantingCrew: London's Criminal Underworld 1550-1700 (1984);State Control: Criminal Justice Politics in Canada with R.S.Ratner, 1987; Beyond the Limits of the Law, Corporate Crimeand Law and Order (1992) and Crimes. Laws andCommunities (1997). He is the author of numerous shorterworks on business crime, criminological theory, historicalcriminology, social problems, crime and the media and crimeand social justice. His current investigations and writingsfocus on gambling, social inequality and social justice andPower, Truth and Justice and the Westray disaster.

Meliissa McClung is a graduate student finishing her MastersDegree, to be followed by graduate work in Canada or theUnited Kingdom.

Joseph MichalskiDepartment of Sociology & Criminology, King's College,University of Western Ontario

Early Life Experiences as Antecedents of CriminalBehaviour: The Family Histories and Career Trajectories ofIncarcerated Men in a Medium-Security Facility"

Abstract:

The proposed paper will examine the antecedents of criminalbehaviour through the process of retrospective family and lifecourse histories provided by male inmates ofamedium-security facility in Ontario. More than three dozen in-depthinterviews have been conducted with correctional inmates ina medium-security Ontario prison. The interviews focus onthe relative importance of social background characteristics,family life, friendship networks, and schooling at selecteddevelopmental stages, and life-course transitions in shapingtheir pathways into criminal behaviour. The interviews drewin part upon the growing body of research that has confirmed

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the importance of parenting or disciplining practices, as wellas child-rearing practices in general (i.e. lack of supervisionand affection, conflict, and abuse) as predictive of adultcriminality and recidivism. By the same token, some analystshave argued that deviant and criminal behaviour are not fixedentities that individuals learn or commit throughout theirlives, but rather vary across the life course and in response tokey transitions. The analysis will flesh out the major themes,experiences, and "risk factors" that have helped shape their"careers."

Joseph Michalski joined the Department of Sociology atKing's College, University of Western Ontario, as anAssistant Professor in July 2003. He taught the previous yearat Brock University, preceded by three years oflimited-termappointments at Trent University. His primary researchfocuses mainly on family violence and conflict managementstrategies, as well as factors that explain patterns of crime andsocial control in general. A second major strand of his workfocuses on poverty and low-income household copingstrategies, including the importance of food banks.

LydiaMUljanDepartment of Political Science, University of Windsor

"Canadian Television News Depictions of Crime,1988-2002"

Abstract:

What is the relationship between television news depictionsof violent crime and public perception of crime? This paperproposes to examine that relationship using content analysisof television news coverage of murder statistics and pollingdata on public perceptions of violent crime. Statistics Canadaprovides yearly data on homicides in Canada. Researchersbelieve that homicide is a good indicator of overall violentcrime, because in almost all instances, the murder is reported.

Trends in the homicide rate are reflective of other violentcrimes. Similarly, television's coverage if the murder rate is

an indicator of how people feel about violent crime and thereseems to be a close correlation, not between the actual crimerate and people's perceptions, but of the media's coverage of

violent crime and people's perceptions. Using CBC and CTVnational television news transcripts, this paper examines not

only how frequently murders are reported on national televi-sion news, but also the type of crime, whether it is unsolved,perpetrated by a person known to the victim, or a random

crime. Comparing these figures to actual crime statistics willshed light on how the perceptions of violent crime comparewith the reality of violent crime in Canada.

Lydia Miljan teaches in the areas of Canadian public policy,research methodology and politics and the media. Herresearch interests include how journalist's personal views arereflected in news content, and the relationship between news

reporting and public opinion formation. As Director of theNational Media Archive at the Fraser Institute, she conductedover 80 content analysis of public policy issues ranging fromfree trade to women's issues. She remains a Senior Research

Fellow of the Fraser Institute. She has two forthcomingbooks, the fourth edition ofPublic Policy in Canada, withStephen Brooks, and Hidden Agendas: How JournalistsInfluence the News, with Barry Cooper.

Marlene MoserDepartment of Dramatic Arts, Brock University

"Spectatorial Relationships in Sharon Pollock's BloodRelations and DNA's Paula andKarF

Abstract:

In theatre, our morbid fascination with crime and its playersoften hinges on the dynamic that is realized between the stageand the spectators. Blood Relations by Sharon Pollockrevisions fhe story of Lizzie Borden, through a metatheatricalframe. In an attempt to silence the chorus of "Did you Lizzie,Lizzie did you?" Lizzie guides her friend, the Actress,through a re-enactment of the events of the day of the murder

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of her parents, a crime for which she has been acquitted.

Produced this season at the Shaw Festival, this play is asmuch an inquiry into the complicated desires of those whosurrounded Lizzie as it is a study of her guilt or innocence. In2001, Hillar Liitoja and DNA theatre created Paula and Karl,a hypematuralistic play about Paul Bemardo and KarlaHomoUca, in which the audience observes the lives andinteractions of the two criminals in excruciating detail as theydiscuss their latest victim. An environmental piece, the playis staged m an apartment, not a theatre, happens in real time,

and covers territory that is alternately incredibly banal andutterly compelling. This paper will discuss the differentrelationships between stage and spectator that are created inthese plays and productions, and the different relationships tothe crimes themselves that these two theatrical aesthetics

engender.

Marlene Moser is Assistant Professor in the Department ofDramatic Arts at Brock University. She has recentlypublished in Theatre Research in Canada and ModernDrama. Other research includes working with an artists'

collective on White Room, an interactive new media space.

She will direct The Importance of Being Earnest at the ScanO'Sullivan Theatre at Brock University in February 2004.

Rebecca RabyDepartment of Child & Youth Studies, Brock University

"No Spaghetti Straps! High School Dress and DisciplineCodes Before and After the Safe Schools Act"

Abstract:

This paper presents a descriptive and discursive analysis ofdress and discipline rules/codes for Toronto and Niagarasecondary schools before and after the introduction ofOntario's Safe Schools Act (2000). The Safe Schools Actincludes a code of conduct, a zero tolerance policy for drugs,

weapons and fighting, and a process through which parentscan vote for the introduction of uniforms. This paper

examines patterns of dress and discipline codes across Niag-

ara and Toronto secondary schools m terms of size, location

and programming of schools as well as how these rules/codeshave changed since 1999, if at all. The paper will alsoexplore how these dress and discipline codes are presented orexplamed. The analysis reflects on dress and discipline codesin terms of how these codes construct a delinquent "other,"

particularly in the case of dress or actions that are acceptableamong adults; what kinds of youth are regulated throughthese codes; how such codes participate in the regulation,surveillance and governance of youth in general; how thesecodes coincide with and contradict constructions ofadolescence; and what kinds ofnonns these codes produce.Rebecca Raby is an Assistant Professor in the Department ofChild & Youth Studies at Brock University. Her areas ofstudy include the construction and regulation of childhoodand youth, theories of resistance, qualitative methodologies,identity, sexuality, and gender.

JeffShantzDepartment of Sociology, York University

"The Criminalization of Dissent in Ontario"

Abstract:

In the days and weeks following September 11, the Canadiangovernment, alongside other governments, rushed to show its

approval of the US-initiated "war on terrorism." While thegovernment jumped at the chance to attack Afghanistan,much of its energy has been directed at the "home front"where it has implemented a broad assault on civil liberties.As many commentators have pointed out, recent legislation,

including Bill C-36, the Anti-Terrorism Act, has little to dowith "fighting terrohsm" (which is prohibited by the CriminalCode already). This, and other recent "anti-terrorist"legislation, is really about extending the powers of the state toassist its efforts in quelling dissent and furthering the agendaof capitalist globalization, reflective of a range of newlegislation directly pointed against opposition to government

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and business interests which suggests nothing less than acriminalization of dissent. This paper looks at the recentcriminalization of dissent in Ontario and the challenge posedfor social justice organizations and movements. Much focus

is given to recompositions in the working class in Ontario,especially in relation to immigration and poverty, and howthis relates to repressive state practices. Special attention isgiven to the June 15 trials of members of the OntarioCoalition Against Poverty (OCAP).

Jeff Shantz is a Ph.D candidate in Sociology at YorkUniversity as well as co-host of the Anti-Poverty Report oncommunity radio station CHRY in Toronto. He has been amember ofOCAP for several years and is active in the strug-gles of tenant and low-income workers in the city snorthwestern neighbourhoods.

Kimberly SkakunDepartment of Clinical Psychology, University ofRegina

Jeffrey E. PfeiferDirector, Canadian Institute For Peace, Justice and Security

Department of Psychology, University ofRegina

"The Cree-Speaking Legal Aid Lawyer Project: Respondingto the Linguistic Needs of First Nations People"

Abstract:

The provision of Legal Aid services to residents in remotenorthern communities is particularly challenging when facedwith issues such as mistrust of the legal system, lack ofresources and language barriers. Specifically, it has beensuggested that language is one of the most obvious barriers tothe creation of an open forum with clients in northernSaskatchewan communities. In response, the Cree-Speaking

Legal Aid Lawyer Project was developed as a novel andunique initiative to address this linguistic obstacle betweenLegal Aid and its participants. This paper reports the findingsof a recent process evaluation of the project. Interviews with

key stakeholders were conducted and court proceedings were

observed. Results will be discussed with regards to theimportance of adapting current legal practices for moreeffective delivery of service to First Nations clients.

Kimberiy Skakun received her B.A. (Honours) in Psychologyfrom the University of Saskatchewan and a PostBaccalaureate in Criminology from Simon Fraser University.She is currently completing her M.A. in Clinical Psychologyat the University ofRegina. Kimberly has conductedresearch on female and violent male offenders within acorrectional setting at the Regional Psychiatric Centre (RFC)in Saskatoon, SK and at the Regional Health Centre (RHC) inAbbotsford, BC. She currently holds a position as a ResearchAssociate with the Canadian Institute for Peace, Justice andSecurity.

Jeffrey E. Pfeifer received his B.A. (Honours) from BrockUniversity and his Ph.D and Master of Legal Studies Degreefrom the University of Nebraska. He is currently Director ofthe Canadian Institute for Peace, Justice and Security andProfessor of Psychology at the University ofRegina, as wellas an Adjunct Professor at Murdoch University (Perth,Western Australia). He is also Editor of the CanadianJournal of Police and Security Services, and has publishedarticles and chapters in such areas as policing, jury decisionmaking and crime perceptions. In addition, he has conductedworkshops and training sessions for police, prison andcorrectional services, airport security and child and youthservices in Canada, the United States, Australia, and Africa.He recently received the Research Award from theInternational Corrections and Prisons Association.

Mark Stoddart

Department of Sociology, University of Victoria

"The Marijuana Economy, Public Safety and Power/Knowledge in the Vancouver Sun"

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Abstract:

The news media have a profound influence on the ways inwhich we perceive crime and its policing. Through repeatedrepresentations of behaviour as "criminal," media texts helpshape our notions of what is "deviant." As they construct our

social realities about criminality and policing, news textsbecome a mechanism of social control. This paper will use a

Foucauldian approach to discourse analysis to explore theconstruction of marijuana growing and its policing in theVancouver Sun. In these texts, the dominant news discourse

focuses on the threat to "public safety" represented bymarijuana growers. The public safety discourse includesthree themes: the claim that marijuana growing operationsincrease the risk of house fires, the assertion that marijuanagrowers are potentially violent, and the assertion thatmarijuana production is linked to organized crime. The

public safety discourse was promoted by police spokespeopleand was never seriously challenged. In this set of news texts,

the police enjoyed a near-monopoly as the defmers of thesocial reality about marijuana production, thereby renderinginvisible discourses which were critical of the criminalization

of marijuana production.

Mark Stoddart is currently an M.A. student in Sociology atthe University of Victoria. His research interests include themass media, environmental conflict, and deviaace. He

completed his B.A. at Athabasca University (2002) and hasreceived the University of Victoria Fellowship in Sociologyfor 2003/2003, as well as the 2002 Athabasca UniversityGovernor's Award.

Andrew StubbsDepartment of English, University ofRegina

"Forensic Rhetoric in Epiphanic Space: Crime as an 'Idea ofOrder' in Canadian Long Poetics"

Abstract:

The criminal is a recurring topos in the Canadian long(book-length) poem (Ondaatje's Billy the Kid, DennisCooley's Bloody Jack, Paulette Jiles's Jesse James, and Ri-enzi Cmsz's Sardiel). These works present criminal actionsthrough a process of doubling, overlapping worlds of fact andmyth (history and literature), and making outlawry asignature of authorship. Criminally "destructive" actstherefore acquire cultural prestige as acts of creation. At the

same time, the written word - in a gesture that encompasses

literature itself- gets implicated in a psychopathology ofviolence. This paper will examine rhetorical motives (Burke)behind literary crimes in the long poem genre, also drawingconnections with schizoid themes in Poe, or works such as

Shaffer'sAmadeus. The criminal as artist becomesincreasingly preoccupied with rhetorical strategies forpersuading an audience of the aesthetic dimension of crime.The criminal seeks ways of showing the world - rhetorically -as "appearance" (Baudrillard, Fan-ell), i.e. , as screen, as

facade, as surface, with humans as actors: "cursorily

improvised" or "miracled up" (Schreber).

Andrew Stubbs teaches Canadian literature, literature theory,eighteenth-century poetry and poetics, creative writing,history of rhetoric, composition/managementcommunications at the University ofRegina. His researchinterests include the long poem, psychoanalytical approachesto literature, with particular focus on the outlaw figure asauthorial self-representation. Recent publications include TheOther Harmony: The Collected Poetry of EH Mandel cd. withJudy Chapman (2000); Rhetoric, Uncertainty, and theUniversity as Text forthcoming ed. with Judy Chapman; andmonographs on Eli Mandel, Sharon Thesen and DennisCooley. He has just edited an issue of The New Quarterly(Summer 2003), and his poetry has appeared mAntigonish R,Fiddlehead, Grain, Malahat R, New Quarterly and PrairieFire.

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Jonathan SwaingerDepartment of History, University of Northern British

Columbia

"Unhinged: Policing Chaos at Mile '0' of the Alcan Highway,

1942-43"

Abstract:

Nothing could have prepared the Peace River sub-division ofthe British Columbia Provincial Police for the events of 1942and 1943. Well settled and perhaps complacent in theirpolicing of the enormous Peace River country since beforeWorld War I, the "provincials" were entirely overwhelmed bythe arrival of American military and civilian personnelengaged in the Alcan highway construction. Indeed, by thesummer of 1942 it was clear that the police were facinggrowing indifference from the Americans and, even worse,

local residents were openly questioning the BCPP'scompetence. Two events, the Dawson Creek jail fire of 13December 1942 and the Dawson Creek explosion of 13February 1943 signalled the nadir for, in the aftermath of thetwo conflagrations, assistant commissioner J. Shirras of the

BCPP was reduced to pleading for an opportunity to be takenseriously as a police force. Based upon criminal case files,British Columbia Police files, police magistrates' docketbooks, newspapers and oral history interviews, this paper ispart of a wider study of crime history and legal culture in thePeace River region of British Columbia. Exploring policeculture and the meanings of disorder and crime, the paperexamines the chaos ofDawson Creek during 1942 and 1943,and the extent to which the BCPP approach to policiagcollapsed under the enormous weight of the Alcan Highwayconstruction. Not surprisingly, this failure is not attributableto a single cause but rather, was the product of wartimeconditions, changing notions about policing and, ultimately,the heralding of a new era for modem British Columbia.

Dr. Jonathan Swainger is an Associate Professor in History atthe University of Northern British Columbia. His first book,

The Canadian Department of Justice and the Completion ofConfederation, 1867-1878 was published with the UBC Pressin 2000. A collections of essays, People and Place:Historical Influence on Legal Culture, edited with ConstanceBackhouse, will be released by UBC Press in the autumn of2003.

Barrington WalkerDepartment of History, Queen's University

"Black Canadians, Nationhood, and the Criminal Courts"

Abstract:

This paper will be drawn from Barrington Walker's largerbook project, tentatively titled Race, Law and Nationhood:Blacks and Ontario's Criminal Courts, 1858-1958, and willexplore the intersection of black racial representation,whiteness, and British/Canadian identity. The paper willargue that the trials involving Black offenders were integralto the creation of white British/Canadian nationhood in twoways. First, Black criminals were often constituted as themost dangerous subjects, and were perceived as a threat, as

antithetical to the important project ofbuildiag a white Can-ada. The figure of the Black criminal "other" defined whobelonged within the borders of the nation. It is also evidentthat in other instances, white patemalism could produceracialized mercy. Even the worst kind of offences (usuallysexual offences against white women) created a site wherethe celerity of British justice was celebrated vis-a-vis thetyranny of American slavery, Jim Crowism and lynch law.Thus the Black criminal was also taken up to inscribe thenation, a site where white Canadian/British identity wasconstituted and celebrated.

Barrmgton Walker is an Assistant Professor of History atQueen's University where he teaches Black Canadian history,and the histories of race and immigration in Canada. He haspublished essays in Left History, The Canadian Review ofAmerican Studies, and a women's history anthology titled

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Sisters or Strangers? (UTP). He is currently working on abook tentatively titled Race. Nationhood and Law: BlacksBefore Ontario's Criminal Courts, 1858-1958.

Doug WrigglesworthChair of the Friends of the Arthur Conan Doyle Collection,

Toronto Public Library

Victoria GUI,Curator of the Arthur Conan Doyle Collection, Special Col-

lections Division, Toronto Public Library

"The Care and Feeding of a Special Collection: The Origins,Growth and Enrichment of the Arthur Conan Doyle Collec-tion at the Toronto Public Library"

Abstract:

The largest collection open to the public that is devoted to theworks of Arthur Conan Doyle, and to his most famouscreation, Sheriock Holmes, the Arthur Conan Doyle (ACD)Collection is a storehouse of treasures related to crime fiction

and tme crime stories of the Victorian and Edwardian age. Italso includes a large selection of reference and source

material that relate to the life of Arthur Conan Doyle, whowas called during the latter years of his life, "the most famousliving Englishman." The ACD Collection was first open tothe public in 1971, and since has become a world-renownedresource for researchers into Victorian English life. It hasalso become a major source of material related to the greatSheriockian Game that is played with scholarship and wit bythose who seeking the sometimes-elusive connections

between the adventures ofHolmes and Watson and the realworld of Victorian England. Important to the maintenanceand enhancement of this important Collection is the work ofthe Friends of the ACD Collection, sponsors from literally allaround the world, who support the work of the Curator. Thispaper will examine the development of the Collection to itspresent state, describe some of its more interesting holdings,and describe the activities of the Friends in supporting the

Collection.

Doug Wrigglesworth is a retired educator and activebibliophile, a well-known Sherlockian and student of ArthurConan Doyle and his works. He is founding chair of theFriends of the ACD Collection. His recent projects includechairing a major international conference and bibliophilicexhibition celebrating the centenary of the publication of TheHound of the Baskervilles in October 2001.

Victoria Gill is a professional Librarian who has cared for theACD Collection for more than a decade. Her knowledge ofVictorian Literature is impressive, and her activities inmeeting the needs of researchers around the world are greatlyadmired by those who benefit from them.

Alan Young

Professor of Law, Osgoode Hall and University of Toronto

"Justice Defiled"

Abstract:

Alan Young's latest book Justice Defiled: Perverts, Pot-heads, Serial Killers and Lawyers interrogates the criminaljustice system in Canada and reveals hard truths about thelegal community and the question of who or what itultimately serves. He calls for immediate change to a systemrife with failures and abuses, arguing that justice in Canadacan readily be seen as a blunt instrument wielded by powerfuland interrelated elites. Young charges lawyers and judgeswith greed, rudeness, and apathy, and Canada's constitution

with prejudice and archaism. He assails a criminal justicesystem that he sees as reflecting the skewed and contradictorybeliefs of an unforgiving society, a system consequentlydismally lacking in compassion. In his view, the criminaljustice system needs to be shaken up: it has beendiscriminatory and rampant in its abuses for far too long. Hispresentation, "Justice Defiled" will make this case directly,indeed provocatively.

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Alan Young is a professor of law at Osgoode Hall and alsoteaches at the University of Toronto. He has 18 years ofexperience teaching and practismg criminal law, and has beeninvolved in some of Canada's most high profile cases. He haschallenged the constitutionality of gambling laws, obscenitylaws, and drug laws, and is primarily responsible forcompelling the government to create a medical marijuanaregime. Young writes a bi-weekly column for the Toronto

Star and was CTV's legal commentator for the Paul Bemardotrial in 1995. He is the founder of the Innocence Project atOsgoode Hall, an organization that works to investigatewrongful convictions. He has also published numerous schol-

arly articles.

NOTES

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Two Days of CanadaTwo Days of Canada 2003 is the seventeenth conference in aseries of annual multidisciplinary conferences presented bythe Centre for Canadian Studies at Brock University. Thepurpose of Two Days of Canada is to bring together Cana-dianists from across the country to share their research onCanadian topics and issues. In the past the conference hasbeen organized around such themes as Women's Lives/

Canadian Lives, Imagi/Nation, Origms and Identities, FusionCulture, and Biography. This year the organizing theme isCrime in Canada: Law and Dis/Order. The response has beentremendous, which speaks to the wealth and variety ofre-search on Canadian topics underway at Brock University andelsewhere. In its appeal to faculty, students and members ofthe wider community. Two Days of Canada continues toserve as an outstanding venue for the development of Cana-dian Studies at Brock and across the country,

Centre for Canadian StudiesCanadian Studies is the study of Canadian culture and societyfrom a variety of perspectives. The program is interdiscipli-nary. Its courses are not confined to a smgle discipline orperspective, but are drawn from across the humanities andsocial sciences. Students may pursue Canadian Studies as acombined major or as a minor. Canadian Studies courses are

taught by faulty drawn from co-operating departments andprograms at Brock. The program is administered by the Di-rector of the Centre for Canadian Studies and a Faculty Advi-sory Committee for Canadian Studies appointed by the Deanof Humanities.

Acknowledgments

The Centre for Canadian Studies wishes to thankthe following sponsors

of Two Days of Canada 2003

The Law Commission of CanadaThe Brock Advancement FundThe Humanities Research InstituteThe Office of the Dean of HumanitiesThe Office of the Dean of Social SciencesThe Department of Political ScienceEdward Greenspan, Q.C., L.L.D.

In addition, the organizers wish to thank severalindividuals for their many hours of work on behalf of thisconference:

Fran Meffe, Administrative Assistant, Centre forCanadian Studies

Sheila Naylor, Program Assistant, Crime FictionCanada ProjectSandra Dee, Web Design and PromotionalMaterials

Janice McNabb, Program Assistant, CrimeFiction Canada ProjectRob McMorine, Audio-Visual AssistantHeather Fox, Conference Logo and ArtworkJoan Nicks, Conference Assisstance

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TWO DAYS OF CANADA 2003CONFERENCE ORGANIZERS

Marilyn Rose,English Language and Literature

Jeannette Sloniowski,Communications, Popular Culture and Film

www.brocku.ca/crimefictioncanada/

with assistance from

Murray WickettDirector, Centre for Canadian Studies

Michael RipmeesterFaculty Advisory Board for Canadian Studies