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Rob Currie
Schulich School of Law, Dalhousie University
Recent Activity
The Ontario Court of Appeal recently rendered a decision in the long-running case of R. v. Barra, a prosecution under the Corruption of Foreign Public Officials Act involving several people accused (and, in one earlier case, Karigar, convicted) of bribing various public officials in India. This particular decision sent the... Continue reading
NOTE: this piece originally appeared as an editorial in the Chronicle Herald on June 8, 2021. Since then, I have contacted Nova Scotia MPs Andy Fillmore (Halifax), Geoff Regan (Halifax West) and Jaime Battiste (Sydney-Victoria), as well as the Ministers of Foreign Affairs, Justice and Public Safety, and asked why... Continue reading
I recently received a question from a friend about whether Canada permits accused persons to appear at their trial via video conferencing, when they are located in a foreign state. I did a spot of research (i.e. I emailed a bunch of friends who are criminal law practitioners). The most... Continue reading
In the recent case of R. v. Canfield, the Alberta Court of Appeal gave the decision that some Canadian criminal defence lawyers and those who follow our search and seizure jurisprudence have been waiting for: the limitless, warrantless search of electronic devices by CBSA officials at the border is unconstitutional,... Continue reading
This post is re-printed from The Conversation, under the terms of a Creative Commons license. The original can be found here. The Conversation is a great platform where academics are able to publish publicly-digestible reflections from their research and contribute to public discourse. Many thanks to my editor on this... Continue reading
I am delighted to announce that the 3rd edition of our book, International & Transnational Criminal Law, was published in January 2020. The publisher's blurb is below, and the book can be ordered here. Speaking of the publisher, Joseph and I are very grateful to Jeff Miller and his fabulous... Continue reading
(this article originally appeared in The Lawyer's Daily, 18 October 2019 issue (paywalled). I also did a radio interview on this subject on 22 October 2019) As I write this, cities all across Canada are gearing up for the second round of “climate strikes,” mass protests against climate change that... Continue reading
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A few weeks ago I had the pleasure of attending a conference entitled "Histories of Transnational Criminal Law," which was organized and convened in Hannover, Germany by Prof. Neil Boister of the University of Canterbury, Prof. Florian Jeßberger of the University of Hamburg, and Prof. Sabine Gless of the University... Continue reading
As has been widely reported, the National Inquiry Into Missing and Murdered Indigenous Women & Girls recently released its Final Report. It was accompanied by an explosive Supplementary Report that provides a legal argument (hereafter the "Genocide Argument" or "Argument") that in its dealings with its Indigenous peoples Canada is... Continue reading
As has been widely reported (try here and here), a Dutch court recently ruled that an alleged narcotics smuggler could not be extradited from the Netherlands to Great Britain, because of atrocious conditions at the prison in Liverpool, England. A copy of the decision can be found here; it is... Continue reading
I am delighted to announce the publication of a terrific-looking new book: A Theory of Punishable Participation in Universal Crimes, by Professor Terje Einarsen of the University of Bergen, and my knowledgable and able co-author, Dr. Joseph Rikhof, recently retired from the War Crimes Program at Justice Canada. Here is... Continue reading
Canada's Standing Committee on Finance (a committee of our federal House of Commons) recently released its new report on reforming our anti-money laundering and terrorist financing laws. The report makes 32 recommendations for changes to the AML regime, on such topics as adjustments to reporting requirements, "politically exposed persons" (PEPs),... Continue reading
Back in 2000 I published an article in the journal Criminal Law Forum, entitled "Human Rights and International Mutual Legal Assistance: Resolving the Tension." The cite is (2000) 11 Criminal Law Forum 143, but you can read a pre-publication version here. "Mutual legal assistance" (MLA) essentially refers to states gathering/seizing... Continue reading
It was recently announced that Canada has joined a five-state coalition of tax authorities, called the "Joint Chiefs of Global Tax Enforcement (J5)", the overall goal of which is to "increase collaboration in the fight against international and transnational tax crime and money laundering." The Canadian government actor involved is,... Continue reading
Back in February I blogged about the Canadian Dept. of Finance's discussion paper which called for suggestions for changes to our anti-money laundering and terrorist financing. The review period is over and the department has released proposed amendments to the relevant regulations, which can be found here. There is a... Continue reading
A rather fundamental rule of customary international law is that state officials are prohibited from exercising their powers on the territories of foreign states. This rule is often referred to as "the prohibition on extraterritorial enforcement jurisdiction," and it has good policy reasons behind it. Particularly with matters relating to... Continue reading
The UN's Committee Against Torture, set up under the UN Convention Against Torture to monitor implementation of the Convention, has released a revised General Comment on the implementation of Article 3 of the Convention. Article 3 is the obligation of non-refoulement, i.e. that states must not extradite, deport or otherwise... Continue reading
The Canadian federal Department of Finance recently released a discussion paper which reviews, and proposes possible changes to, Canada's anti-money laundering (AML) and anti-terrorist financing (ATF). The paper is part of the consultation process designed to feed the mandatory five-year review of Canada's Proceeds of Crime (Money Laundering) and Terrorist... Continue reading
I am delighted to once again present a guest blog post from my friend and co-author, Dr. Joseph Rikhof, the recently-retired Manager of the Law at the War Crimes Program, Justice Canada. Below he discusses the Supreme Court of Canada's recent decision in India v. Badesha, a closely-watched case on... Continue reading
It has just been announced that one of the greats in the field of International Criminal Law, Professor M. Cherif Bassiouni, has passed away at the age of 79. If you do any amount of research in this area you will quickly encounter Bassiouni's work, and it is impossible to... Continue reading
I have just posted a new draft paper entitled "Cross-Border Evidence Gathering in Transnational Criminal Investigation: Is the Microsoft Ireland Case the 'Next Frontier'?" The paper examines the currently roiled state of international law regarding the gathering of electronic evidence across borders by law enforcement officials. It specifically bears down... Continue reading
I'm pleased to host another guest post by Gillian MacNeil, doctoral student at Queen's who attended the ICC ASP meeting before Christmas (see her previous co-authored post here), funded by a SSHRC Partnership Grant on which I'm a co-investigator. ------------------------------------------------------ Eyeing the Gap: Extradition and MLAT Treaties for Core Crimes... Continue reading
I just finished giving a talk to a selection of the members of the International Association of Prosecutors. The members attended from all over the world, by way of a nifty online conferencing platform. The topic was the search of cell phones (and other electronic devices) at the border, a... Continue reading
I am delighted to present a guest blog by Gillian MacNeil and Ayodele Akenroye. Gillian is the lead co-author of the state immunity chapter of both editions of International & Transnational Criminal Law, and is currently a Ph.D. candidate at the Queen's University Faculty of Law. Ayodele is a Ph.D.... Continue reading
The long saga of former Chadian dictator Hissene Habre is finally drawing to a close. Today Habre was convicted by the Extraordinary African Chambers, a special internationalized court set up in the courts of Senegal to try Habre and others for international crimes committed during the period of Habre's dictatorship.... Continue reading