The study and practice of risk analysis, risk management, and the communication of risk has been the subject of heated debates. This is no less so when law is added to the mix. Despite the law's constant search for certainty, the concept of risk itself is inherently uncertain. From the precautionary principle to the role of research ethics boards, risk remains a value-laden term, difficult to define and even more difficult to address.This collection from the Law Commission of Canada looks at law and risk in a variety of contexts and provides insight into how courts use and interpret risk, how the law allocates risk, and the regulation of risky activities. To demonstrate the linkages between law and risk, the essays tackle some difficult topics, including dangerous offenders, sex offender notification, drug courts, genetic research, pesticide use, child pornography, and tobacco advertising.
The Law Commission of Canada is an independent federallaw reform agency that advises Parliament how to improve and modernizeCanada's laws.
Contents Preface 1. On Proof and Probability: Introduction to "Law andRisk" / William Leiss and Steve E. Hrudey 2. Use of Risk Assessments by Canadian Judges in the Determinationof Dangerous and Long-Term Offender Status, 1997-2002 / DavidMacAlister 3. Shifting the Burden of Proof: The Precautionary Principle and ItsPotential for the "Democratization" of Risk / DaynaNadine Scott 4. Legal Knowledges of Risk / Mariana Valverde, Ron Levi, and DawnMoore 5. Evidentiary Principles with Respect to Judicial Review ofConstitutionality: A Risk Management Perspective / DaniellePinard 6. Integrating Values in Risk Analysis of Biomedical Research: TheCase for Regulatory and Law Reform / Duff R. Waring and TrudoLemmens Contributors Index