Canadian Law Research Articles

A Historical and Legal Study of Sovereignty in the Canadian North: Terrestrial Sovereignty, 1870–1939 by Gordon Smith

A Historical and Legal Study of Sovereignty in the Canadian North: Terrestrial Sovereignty, 1870-1939, by Gordon Smith, edited by P. Whitney Lackenbauer. Calgary, University of Calgary Press, 2014. 512 pp. $39.95 Cdn (paper). In A Historical and Legal Study of Sovereignty in the Canadian North, Gordon Smith and his editor--Whitney Lackenbauer--offer one of the most comprehensive and detailed histories of Canada's Arctic sovereignty. Smith, a historian by profession, began this work in the early 1970s for the Department of External Affairs, as the federal government was scrambling to assess its Arctic policy in the wake of the Manhattan (1969). By 1973 Smith had produced a preliminary report, but continued the work until his death in 2000--leaving behind a voluminous, yet incomplete, manuscript. This book is the first volume of Smith's magnum opus, carefully edited by Canada's leading Arctic scholar to maintain as much of the original work as possible, while shaping it into something far more readable. A Historical and Legal Study is an examination of Canadian policy and activity in the North from 1870 to World War II. This was a formative period, when Canada's position in the Arctic (both physical and legal) was sometimes considered tenuous, and successive Canadian governments worried that their sovereignty might not survive a foreign challenge. The book covers the transfer of the Arctic from Great Britain to Canada, and Canada's subsequent efforts to organize and administer its northern inheritance. Digging deep into the archival record, Smith chronicles this process and offers an incredibly detailed account of Canada's earliest efforts to secure its sovereignty through effective occupation. In so doing, it covers the voyages of William Wakeham (1897), A.P. Low (1903-04), Joseph-Elzear Bernier (1908), and Vilhjalmur Stefansson (1913-1918), as well as the first RCMP patrols to extend Canadian law into the newly-formed northern territories. Smith also provides readers with an incredibly detailed account of the early challenges to Canadian sovereignty, covering the Alaskan boundary dispute; the threat posed by foreign whalers operating in the Beaufort Sea and Hudson Bay; the perceived Danish threat to Ellesmere Island; and the Norwegian interest in the Sverdrup Island group. On each of these topics, Smith provides fresh insight and--for the historian--new source material to consider. The most important contribution, however, is likely Smith's revisiting of the Danish sovereignty scare of 1919 to 1921. This crisis was sparked by Danish explorer Knud Rasmussen's apparent rejection of Canadian ownership of Ellesmere Island (seemingly with his government's backing). Through his extensive mining of the documentary record, Smith's conclusions support more recent work by historians Janice Cavell and Jeff Noakes in disproving this threat narrative. The traditional view has always been that the Danes were genuinely interested in Ellesmere Island and only surrendered their claim after Canada established posts on the island. Smith's well-supported assessment, however, is that Canadian authorities had blown the threat far out of proportion, allowing themselves to become obsessed with a morbid, neurotic, unreasoning fear, which had little basis in reality and which caused them to see, figuratively, burglars under every bed (263). …

The Slippery Slope to Euthanizing Psychiatric Patients

Back to table of contents Previous article ViewpointsFull AccessThe Slippery Slope to Euthanizing Psychiatric PatientsRonald Pies,M.D.Ronald Pies,Search for more papers by this authorM.D.Published Online:2 Aug 2016https://doi.org/10.1176/appi.pn.2016.8a2AbstractImagine that your adolescent son or daughter suffers from a serious and intractable depressive illness. Every treatment short of electroconvulsive therapy has been tried, but nothing has really worked. After years of misery, your teenage child tells you, “That’s enough. I’m done! I’m gonna end this, one way or another.” How would you feel if your child’s doctor now offered to help your child commit suicide by prescribing a lethal drug? If you think this scenario is the stuff of Orwellian fiction, think again. So-called “physician-assisted dying”—even for people with nonterminal illnesses, like major depression—is now accepted practice in parts of Europe. Extending this “right” to youth with intractable mental illness could eventually become legal in Canada. And if current trends favoring “physician-assisted suicide” (PAS) in the United States accelerate, we could find ourselves in a similar position. Let’s be clear: I am not talking about a terminally ill, mentally competent adult’s right to refuse useless treatment as death approaches—a right clearly recognized by U.S. courts. Nor am I talking about physicians prescribing a lethal drug to a mentally competent adult who wishes to end his life, in the context of a terminal illness like pancreatic cancer. Indeed, five U.S. states already permit PAS in this context. I am talking about vulnerable young people with potentially treatable psychiatric disorders who have decided that “enough is enough”—even though their competence to make such decisions is highly questionable. I am writing about this in the face of several recent developments. First, Canada is now considering assisted suicide for “mature minors” with psychiatric illnesses causing “intolerable suffering.” The basis for this proposal is a recent report to Canadian lawmakers from the Special Joint Committee on Physician-Assisted Dying. This clear expansion into the realm of adolescent mental illness seems to validate the “slippery slope” argument that many medical ethicists have raised with regard to physician-assisted suicide.The proposal regarding PAS for mature minors with mental illness has not yet been enacted into Canadian law. However, Canada’s Parliament recently passed Bill C-14, which provides for “one or more independent reviews relating to requests by mature minors for medical assistance in dying”— potentially including “requests where mental illness is the sole underlying medical condition.” If, after review, the mental illness clause is enacted into law, this could mean that young people with potentially reversible conditions like major depression would be able to receive a physician’s “assistance” in committing suicide. It is far from clear how “maturity” will be determined in such cases or what that term means in the context of the normal adolescent’s stormy emotions and incompletely developed brain. Furthermore, while psychiatric illness does not preclude competence to make medical decisions, it is often extremely difficult to establish competence in the presence of serious psychiatric illness. Thus, the adolescent with severe major depression who hasn’t responded to several antidepressants may wrongly conclude, “There’s no hope for me. I’m finished. My only option is suicide!” even though there are still many potentially effective remedies available. The expanding notion of PAS for persons with mental illness is not confined to Canada. In Belgium and the Netherlands, PAS is legally permitted for cases of “unbearable suffering” due to “untreatable” mental illness—despite controversy over how these terms are defined and how patients are selected. Fortunately, in the United States, the slippery slope toward euthanizing psychiatric patients may have been roughened. Recently, after being approved by the APA Assembly with no objections, the following proposal was endorsed by the APA Ethics Committee: “The American Psychiatric Association holds that a psychiatrist should not deliberately prescribe or administer any intervention to a non-terminally ill person for the purpose of causing death.” The proposal does not represent a position of APA until it is approved by APA’s Board of Trustees. The Board is scheduled to address the proposal at its October meeting. It is one thing to argue that mentally competent adults with demonstrably terminal illnesses ought to be at liberty to end their own lives. It is another to argue that physicians ought to be willing participants in that process. And it is truly a bridge too far to argue that physicians ought to “assist” vulnerable, mentally unstable youth in taking their own lives. ■Ronald Pies, M.D., is a professor of psychiatry and bioethicist affiliated with SUNY Upstate Medical University and Tufts University and the author of Psychiatry on the Edge. ISSUES NewArchived

Merger Efficiencies in Canada

In terms of solidifying the economic foundations of competition policy, Canadian merger law is much further advanced than merger law in any other jurisdiction. This article evaluates the developments in the Canadian law and draws both positive and negative lessons for integrating economic principles into merger law generally. The balancing weights test adopted in Canadian law for incorporating efficiencies into merger assessment has firm support in economics. But the implementation of this test has run into problems. A sharp wedge remains in Canada between the law and the economics of merger evaluation.

Unresolved issues in Canada's law on physician-assisted dying

Unresolved issues in Canada's law on physician-assisted dying

Finding a balance: Canada's law on medical assistance in dying

Finding a balance: Canada's law on medical assistance in dying

DNA-based identification of invasive alien species in relation to Canadian federal policy and law, and the basis of rapid-response management.

Managing invasive alien species in Canada requires reliable taxonomic identification as the basis of rapid-response management. This can be challenging, especially when organisms are small and lack morphological diagnostic features. DNA-based techniques, such as DNA barcoding, offer a reliable, rapid, and inexpensive toolkit for taxonomic identification of individual or bulk samples, forensic remains, and even environmental DNA. Well suited for this requirement, they could be more broadly deployed and incorporated into the operating policy and practices of Canadian federal departments and should be authorized under these agencies' articles of law. These include Fisheries and Oceans Canada, Canadian Food Inspection Agency, Transport Canada, Environment Canada, Parks Canada, and Health Canada. These efforts should be harmonized with the appropriate provisions of provincial jurisdictions, for example, the Ontario Invasive Species Act. This approach necessitates that a network of accredited, certified laboratories exists, and that updated DNA reference libraries are readily accessible. Harmonizing this approach is vital among Canadian federal agencies, and between the federal and provincial levels of government. Canadian policy and law must also be harmonized with that of the USA when detecting, and responding to, invasive species in contiguous lands and waters. Creating capacity in legislation for use of DNA-based identifications brings the authority to fund, train, deploy, and certify staff, and to refine further developments in this molecular technology.

Models of Global Internet Governance and the Projection of State Power: The Case of Facebook and the Office of the Privacy Commissioner of Canada

In August of 2009 Canada’s Privacy Commissioner announced that Facebook had agreed to institute a series of changes to its privacy policy in order to assure compliance with Canadian law. The Office of the Privacy Commissioner of Canada’s ability to affect such changes and Facebook’s acceptance of them would seem to run contrary to a variety of conventional theories about global internet governance. Through analysis of policy documents as well as interviews with key participants and by engaging literatures on global governance, internet regulation and political economy of communication, this paper will consider how the power of an agency representing the government of one relatively small country perceived and projected in this debate over global communication flows.

Creating a Rebuttable Presumption of Profiling in Cases of Alleged Profiling of Muslims and Other Minorities in Canada

This paper addresses the subject of profiling in the Canadian context both in the narrower and broader senses. It discusses the close connection between wider discretionary power and profiling; the need and justification of rebuttable presumptions and its constitutional basis and discusses possible ways to end profiling in line with the contextual analysis of equality under s. 15 of the Canadian Charter of Rights and Freedoms. The paper proposes for the shift in the burden of proof away from a victim of profiling to the law enforcement authority—in an alleged case of profiling—in the context of a search, or an arrest, of a Canadian Muslim or member of other minorities by police and other law enforcement authorities, and demonstrating that such search or arrest was not motivated by race, religion, or ethnicity. Thus creating a rebuttable presumption of profiling against the law enforcement authority when they use their discretionary power in search or arrest of a member of a racial, religious, or ethnic minority group. A member of Canadian law enforcement authority against whom profiling is alleged can rebut the presumption by proving that race, religion, or ethnicity was not a factor in using their discretionary power to stop, search, or detain the alleged victim of profiling.

Judicial Method on Rights Conflicts in the Context of Religious Identity

Religious identities and beliefs and conduct flowing from these identities sometimes end up in clashes with other dimensions of a secular society, whether with claimed equality rights, with other cultural norms, or various other non-religious ideals. Someone might ask a question, then, about which beliefs get priority in which contexts. In this paper, engaged with Canadian law though speaking to larger theoretical themes as well, I will draw upon theories of rights conflict to set out a number of claims as to how to best approach alleged rights conflicts between religious individuals and communities and a broader secular society. In doing so, I will suggest that these theories tend to support an approach that looks first for reconciliation between competing claims and I will argue that in many case such reconciliations are not only possible but logically arise and tend to support significant protections for religious freedom within its particular sphere.

Bordering the Constitution, Constituting the Border

It is an established principle in Canadian law that refugees present at or within Canada’s borders are entitled to basic constitutional protection. Where precisely these borders lie, however, is far from clear. In this article, I examine the Canadian border as a site in which to study the constitutional entitlements of refugees. Through an analysis of the Multiple Borders Strategy (MBS) – a broad strategy that re-charts Canada’s borders for the purposes of enhanced migration regulation – I point to a basic tension at play in the border as site. I argue that the MBS imagines and enacts the border in two fundamentally different ways. On one hand, it conceives of the border as a multiple, moving barrier that can be selectively positioned outside Canada’s territorial boundaries to expand state power outward. On the other hand, and at the same time, it conceives of the border as a singular and static barrier positioned at the edge of territory, and asserts this as the “actual” border. By simultaneously conceiving of the border in these two conflicting ways – and maintaining the fiction that Canada’s extraterritorial borders are not its “actual” borders – the MBS frustrates a basic principle of Canadian constitutional law. It not only deprives refugees of constitutional protection, but also more fundamentally, of legal and constitutional recognition. To illuminate the legal and conceptual violence of the MBS, I turn to the work of Hannah Arendt on the “right to have rights”. By reference to the Arendt’s work, I argue that the MBS not only re-charts Canada’s national boundary, but also alters the juridical relationships produced by that boundary, and the rights and duties they prescribe. I conclude by advocating for better alignment between Canada’s constitutional commitments and its border laws and policies. I argue that to give meaning to the “right to have rights” within Canada’s constitutional framework, and to ensure that those subject to the force of Canadian law may also benefit from its protection, Canada must ensure that wherever its legal borders go, the constitution follows.

The treatment of the sea peril exception of the Hague-Visby Rules in common law and civil law jurisdictions

The present study is a comparative analysis of the international ocean carrier of goods sea peril exoneration (article 4.2.c of the Hague and the Visby Rules) following Australian, English, Canadian, French, Italian, Greek and Chinese laws. The author analyses the main characteristics of the liability defence under the mentioned domestic laws in seeking to determine whether uniformity in the qualification of the exception exists or is possible.

Human Rights and Mining Corporations: Canadian New Perspectives Regarding Corporation Social Responsibility

Foreign victims of exactions committed by Canadian multinational companies have long been confronted to a legal vacuum in liability actions against those companies. Although Canada was considered as a judicial paradise for mining corporations, this impunity era seems now over. Two recent court decisions of the Ontario Superior Court of justice (Choc v. Hudbay Minerals Inc.) and the Supreme Court of Canada (Chevron Corp. v. Yaiguaje) have changed Canadian law’s perspective. This article provides a complete overview of these decisions and puts them in perspective with the unavoidable movement of corporate accountability. The meeting of law and corporate social responsibility brings real basis for corporations’ responsibility reinforcement. Indeed, it allows courts to held parent corporations liable for their subsidiary’s human rights violations. Despite the remaining interrogations and judicial obstacles, this new risk of liability and its consequences may convince corporations to adopt proactive attitudes towards social responsibility.

Criminal Justice Models: Canadian Experience in European and Islamic Comparative Perspective

This paper examines Canadian models of criminal justice in a European and Islamic comparative perspective. The traditional model of Canadian criminal justice is a state centred adversarial one intended to punish, deter and/or rehabilitate offenders who are accorded formal due process protections embedded in a liberal constitutional and procedural rights. This model has been transformed recently into an ambiguously tripartite adversarial model through an overlay of victims’ rights at all stages. However, Canadian law also recognizes alternative processes through various forms of problem solving courts and sometimes comprehensive restorative justice approaches, the latter rooted in relational notions of rights. Meanwhile, criminal models in Europe have been evolving as well. The British common law model of criminal justice has arguably been transformed by statute into a state-centred managerial approach which has shifted the balance from due process toward crime control in a somewhat continental manner, while tolerating restorative justice experimentation at its periphery. On continental Europe, traditional judge-centered investigatory/accusatorial models have been the subject of adversarial due process reforms in differing ways, while “penal mediation” has been introduced to enhance victim satisfaction beyond historically available civil party recovery procedures. In the Muslim world, there has been a revival of Shar’iah law to varying degrees in many states, centered upon Islamic jurisprudential sources based on the Qu’ran, and Sunnah or Hadith, and reasoning through qiyas (analogy) to achieve consensus (ijma) in relation to the three traditional forms of Islamic offences with their distinct procedural characteristics. The victim-centred nature of flexible aspects of Islamic criminal law has led some to characterize Shar’iah as being suffused with restorative justice principles, despite widespread views to the contrary. Examination of the differences and similarities among these various models of criminal justice from “pure” and “applied” perspectives, leads to reflection on the capacity for criminal justice systems to evolve and change, and to tolerate significant levels of internal diversity, while demonstrating a wide range of potential forms for the instantiation of plausibly common values.

The Freedom of Association: The Emerging Right to Strike Consensus in International and Domestic Labour Law

The paper discusses the emerging international consensus that both collective bargaining and strike activity are important labour rights for workers which are protected even when not expressly referenced in constitutional instruments with particular reference to Canadian and African case law. In January 2015, the Supreme Court of Canada released its decision in Saskatchewan Federation of Labour v Saskatchewan 2015 SCC 4 (SFL), which recognized that Canadian workers have a constitutionally protected right to strike. In 1982, Canada adopted its Charter of Rights and Freedoms which guaranteed the freedom of association to Canadians, but without further explanation as to the extent of that freedom. The Canadian courts, relying on international and comparative law, have defined the scope of the freedom of association to include the rights of workers to organize, strike, and collectively bargain. The development of Canadian, and other domestic labour law, draws increasingly on international law sources, including decisions of the International Labour Organization’s Committee of Freedom of Association, the European Court of Human Rights, and ILO Conventions 87 and 98. Canadian jurisprudence in particular has been recognized by jurists in other countries as a persuasive source of constitutional rights.

Distinguishing features of Excited Delirium Syndrome in non-fatal use of force encounters

Study objectiveThe frequency with which the police encounter non-fatal cases of Excited Delirium Syndrome (ExDS) has not been well studied. To date only a single prospective, epidemiologic study has been completed to determine the prevalence of the features of ExDS in police use of force (UoF) encounters. We examined a cluster of previously published features associated with ExDS to establish if these features were consistently recognizable across policing populations, thus demonstrating reproducibility. We further sought to determine whether any feature or number of concomitant features were likely to have physiologic significance. These are important first steps in determining a case definition of ExDS in a law enforcement and medical setting. MethodsA prospective evaluation of a consecutive cohort of subjects involved in UoF encounters with police was conducted. Data were collected through the UoF reporting database of a large Canadian law enforcement agency from January, 2012 to December, 2013. The ten core characteristics of ExDS that have been observed in past research were documented by officers and, consistent with previous research, the presence of six or more features was used to identify probable cases of ExDS and a state of medical emergency. ResultsUoF occurred in 4799 of 5.4 million police–public interactions (0.09%). Of the UoF encounters, 73 (1.5%) subjects displayed six or more features of ExDS. Upwards of 9.2% of these subjects could be expected to be at risk of sudden and unexpected arrest-related death (ARD). Features with the highest odds of being presented with a large number of concomitant features included “Does not Fatigue”, “Superhuman Strength” and “Tactile Hyperthermia” (287, 137 and 93 times higher, respectively). Moreover, “Tactile Hyperthermia” demonstrated the highest odds of being presented in individuals with a large number of features as opposed to those with fewer (33 times higher). ConclusionWe demonstrate that there is the ability for law enforcement officers to consistently recognize and report features of ExDS that have been associated with ARD. The varying presence of features across the examined categories indicates that some features are more distinguishing than others, which may enable narrowing the scope of features that represent ExDS and understanding its pathophysiology. The current debate surrounding whether or not ExDS exists limits first responders and emergency physicians in their ability to increase awareness, improve training and interventions, and design appropriate policy and response protocols to reduce ARDs.

Aboriginal healing lodges in Canada: still going strong? Still worth implementing in the USA?

ABSTRACTAboriginal healing lodges are a means of accommodating Aboriginal customary law in the Canadian correctional system by providing holistic culturally appropriate services to Aboriginal offenders. They combine Aboriginal healing practices with non-Aboriginal correctional practices as determined by Canadian law and Correctional Service Canada policy. Some are operated by Aboriginal Nations/organizations and some by the Correctional Service Canada. The co-optation of healing lodges through federal correctional policy is contrary to the intent of Canadian law. This combination of state disregard for the law and cultural appropriation provides lessons for Indigenous American groups contemplating more involvement in correctional services. In the USA, the Tribal Law and Order Act of 2010 and policies regarding private prisons may help or threaten the implementation of healing lodges. In both countries, state laws and policies seem to be subverting Indigenous sovereignty but this makes healing lodges even more valuable. Just as healing lodges could enhance community capacity building in Canada, Indigenous American healing lodges could assist with community capacity-building, as well as reducing recidivism rates. Healing lodges thereby have the potential to increase indigenous sovereignty in both countries, political climate permitting.

The Canadian Law of Judicial Review: A Plea for Doctrinal Coherence and Consistency

Today, many accept that doctrinal incoherence and inconsistency plague the Canadian law of judicial review. The author attributes the incoherence and inconsistency to several fundamental questions that have not been settled in the Supreme Court’s jurisprudence. Then, referring to decided cases of the Federal Court of Appeal and other provincial courts of appeal, he suggests answers to these questions, drawing upon a vision of this area of law rooted in doctrine. The author argues that if his suggestions are implemented, the Canadian law of judicial review will achieve doctrinal clarity, consistency, unity and simplicity.

Conflict of Laws: Enforcement of Extra Provincial Judgments and in Personam Jurisdiction of Canadian Courts: Hunt v. T & N plc

The Court's decision in Hunt - and its pending decision in the Tolofson and Gagnon appeals - will undoubtedly engage the intellects, and indeed the passions, of courts and commentators to an even more dramatic extent than Morguard has done. This comment analyses the impact of Hunt on Canadian law in relation to both the in personam jurisdiction of Canadian courts and the recognition of extraprovincial judgments. As we shall see, the most pressing question left to be elaborated is whether the Court should adopt a narrow or a broad approach to the permissible scope of jurisdiction of Canadian courts, a question with significant implications for the future evolution of Canadian conflict of laws generally, and one that will almost certainly determine the Court's reasoning, if not the result, on the choice of law issues presently confronting it in Gagnon and Tolofson.

Uneasy Alliances: A Look at the Right-Wing Extremist Movement in Canada

ABSTRACTDespite the Canadian Security Intelligence Service's recent concern with the growing threat from right-wing extremists nationwide, we have little contemporary scholarship on the far right movement in Canada and fewer attempts to systematically analyze their ideologies and activities. Drawing on a three-year study involving interviews with Canadian law enforcement officials, community organizations, and right-wing activists, as well as analyses of open source intelligence, this article examines the endogenous factors that facilitate and inhibit the right-wing extremist movement in Canada. Findings suggest that strengths and weaknesses of the groups themselves can be exploited as a means of debilitating them.

Enhanced interrogations: The expanding roles of psychology in police investigations in Canada.

In accordance with their collective ethical principles, the American Psychological Association (APA) joined forces with the American Psychiatric Association in 1985 to denounce the use of torture; their position statement recognised that psychological knowledge could be misused to interrogate detainees inhumanely, violating a primary obligation to respect human dignity (APA, 2015c). Thirty years later, the APA has been implicated in the development and application of torture and coercive of national security targets. In August, 2015, the group announced that its chief executive officer, deputy CEO, and communications chief were no longer associated with the APA; in the 542-page independent Hoffman report all three were found to have worked in conjunction with the Pentagon and the CIA by contributing to coercive interrogation practices (Hoffman et al., 2015; American Psychological Association, 2015b). This reportedly transpired through the contribution of psychological knowledge to enhance torture techniques (e.g., sensory deprivation) for intelligence gathering, the manipulation of ethical guidelines to conceal such practices (Soldz, 2008), and the alignment of such guidelines with policies implemented by the Department of Defence (Hoffman et al., 2015).These deplorable revelations have leftthe psychology community engaging in much self-reflection and head scratching: what were the APA psychologists in leadership positions thinking when participating in this type of activity? After the damning report emerged, a somewhat understandable but obvious knee-jerk reaction occurred; the APA convened in Toronto and voted in support of a new policy barring psychologists from participating in national security altogether (APA, 2015c). Was this an appropriate decision? While APA members appear to have committed an egregious ethical violation by contributing to coercive interrogation practices, should psychologists never be permitted to contribute to the interrogation of individuals suspected to represent security threats? After the publication of the Hoffmann report, APA President-elect Susan McDaniel provided elaboration around this issue (APA, 2015c); her letter stated that although psychologists in the APA are now strictly forbidden from being involved in specific national security interrogations, they are permitted to be involved in general policy guidance concerning humane interrogations (McDaniel & Kaslow, 2015, para. 4).McDaniel's clarification acknowledges that psychologists may have useful knowledge regarding interrogation practices at a policy level. However, it fails to apply to the broad scope of psychological consultations; it could potentially be interpreted to mean that we have few meaningful nor positive direct contributions to make to criminal investigation or intelligence gathering, and/or that we cannot be expected to act ethically in such contexts. Yet, in recent years, the roles of psychologists as consultants in criminal investigations have been expanding in many ways (see Porter & Wrightsman, 2014). The first author, who is consulted on a regular basis by Canadian law enforcement and courts, hoped to take this opportunity to reflect upon the evolving roles and responsibilities of psychologists in criminal investigations. Canadian psychologists should acknowledge the ethical shortcomings demonstrated by the APA and reevaluate their own practices to ensure that they are not only providing the most suitable consultation, but also abiding to their obligations as acting psychologists. If consulting psychologists in Canada ensure that their work in any type of criminal or terrorism investigations is being applied appropriately, our field has much to offer in facilitating criminal investigations. Given these circumstances, it is an appropriate time to examine the practical and ethical issues confronting forensic psychologists who act as consultants in criminal investigations, and, accordingly, suggest the most effective and ethical practices and directions for future research. …