David Ireland - Academia.edu (original) (raw)

Blawgs (legal blogs) by David Ireland

Papers by David Ireland

Critical Criminology, 2020

SSRN Electronic Journal, 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics. The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

Social Science Research Network, Sep 16, 2020

In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the ch... more In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the chagrin of many criminal law practitioners. Ostensibly, Bill C-75 was passed partially in response to the fallout stemming from the controversial R v Stanley verdict, a case in which peremptory challenges were allegedly used to remove any and all jurors who appeared to be Indigenous. Bill C-75 has not been without its own controversy, however. Commentary by both legal professionals and scholars indicates that Bill C-75 – though well intentioned – may ultimately do more harm than good for the very communities it purports to serve. Numerous criminal law practitioners were quick to criticize Bill C-75 as being knee-jerk, reactionary, and, ultimately, a highly political move that would do little to address the systemic issues plaguing the criminal justice system in Canada, particularly for racialized and marginalized communities. The paper below endeavours to give voice to these perspectives. Following an extensive review of the history of peremptory challenges and a general history of jury work, we share the results of our survey in which Canadian Crown and defence counsel were asked to share their opinions on the removal of peremptory challenges. The responses indicate that, overall, surveyed Crown and defence counsel are concerned that the elimination of peremptory challenges will have a negative impact on jury trials in Canada. We explore the reasons for these fears in reviewing their responses to the survey.

MLJ (43), 2020

In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the ch... more In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the chagrin of many criminal law practitioners. Ostensibly, Bill C-75 was passed partially in response to the fallout stemming from the controversial R v Stanley verdict, a case in which peremptory challenges were allegedly used to remove any and all jurors who appeared to be Indigenous. Bill C-75 has not been without its own controversy, however. Commentary by both legal professionals and scholars indicates that Bill C-75 – though well intentioned – may ultimately do more harm than good for the very communities it purports to serve. Numerous criminal law practitioners were quick to criticize Bill C-75 as being knee-jerk, reactionary, and, ultimately, a highly political move that would do little to address the systemic issues plaguing the criminal justice system in Canada, particularly for racialized and marginalized communities. The paper below endeavours to give voice to these perspectives. Following an extensive review of the history of peremptory challenges and a general history of jury work, we share the results of our survey in which Canadian Crown and defence counsel were asked to share their opinions on the removal of peremptory challenges. The responses indicate that, overall, surveyed Crown and defence counsel are concerned that the elimination of peremptory challenges will have a negative impact on jury trials in Canada. We explore the reasons for these fears in reviewing their responses to the survey.

Crit Crim, 2020

In recent years, the Canadian Charter of Rights and Freedoms (the "Charter") has been relied on i... more In recent years, the Canadian Charter of Rights and Freedoms (the "Charter") has been relied on increasingly by Canadian courts to bolster common law police powers, often at the expense of due process. Ostensibly, the courts have shown more concern with the administration of the limits of policing than with the delineation of civil liberties. In this article, we trace the evolution of the interpretation of the Charter in this context, with early decisions suggesting a reluctance to create ex post facto police powers. The article then outlines the acceleration of judicial proliferation of common law police powers in Canada, cloaked in the veil of the Charter. In other words, unauthorized police conduct is legiti-mized by the courts on an ad hoc basis, so long as it is ultimately justifiable. We then discuss the findings of our own research into this phenomenon and comment on the possible implications that increasingly expansive common law police powers created by courts have had on due process in Canada, and the administrative role of the Supreme Court of Canada in mobilizing civil rights protections in the direction of state surveillance.

Manitoba Law Journal 42(3), 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics.
The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses. With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

Manitoba Law Journal, 2018

In Canada, legal education is rapidly evolving to include pedagogically innovative course deliver... more In Canada, legal education is rapidly evolving to include pedagogically innovative course delivery. Use of digital technologies and the use of flipped classrooms and blended delivery seems to be at the fore of this transformation. Few, if any, reflections on the use of technology and these new pedagogies have involved student viewpoints in the law school context. In this paper, we surveyed 26 law students in a first-year law school class in Canada in order to get a sense of technological habits, learning preferences and an inclination of whether students judge themselves to be benefiting from blended and flipped instruction, or technological innovation, more generally. For the group we surveyed, relational and in-person learning still seem to be preferred modes of student engagement, but in this context, there is still room for pedagogical innovation in Canada’s law schools.

Manitoba Law Journal, 2015

It is often stated that plea-bargaining is an indispensable part of a fair and efficient criminal... more It is often stated that plea-bargaining is an indispensable part of a fair and efficient criminal justice system. By observing sentencing hearings in the Provincial Court of Manitoba this paper shows that some form of plea bargaining is involved in a substantial majority of cases, that most joint recommendations on sentence are accepted by presiding judges, and most of these joint recommendations are not “true plea bargains” in the sense of a quid pro quo being offered. It is argued that the vast majority of joint recommendations are born of cultural expedience rather than as a result of true plea bargains. These cultural joint recommendations encroach significantly on the judicial function and may erode public confidence in the administration of justice. The continued proliferation of cultural joint recommendations may further entrench a culture of expedience in our criminal justice system and could potentially lead to higher sentences.

Books by David Ireland

Manitoba Law Journal, 2018

Manitoba Law Journal, 2018

Issue 3: Criminal Law Edition (Robson Crim) (2018)

Books and Edited Journals by David Ireland

Manitoba Law Journal , 2021

Part 1: Indigenousness and Sentencing 1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE... more Part 1: Indigenousness and Sentencing
1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE DICKSON
29 Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward
HARDIE RATH-WILSON
59 The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime
NICOLE KELL Y
95 Decades in Crisis: A Critical Analysis of the Underuse of Section 81 and 84 of the Correction and Conditional Release Act and its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration MADISON PARKER
Part 2: Mandatory Minimum Sentences
123 Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions
STACEY M. PURSER
147 A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence
BRYTON M.P. MOEN

2019 Volume 42(3), 2019, 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics.
The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

2019 Volume 42(4), 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics.
The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

UBC Press, 2019

In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreas... more In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from encroaching state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. A close examination of dozens of post-Hunter cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the court has used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Dickson’s vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.

This book is an invaluable resource for anyone thinking about search and seizure, whether they are students or legal scholars; members of policing organizations, security forces, or civil liberties groups; or individuals concerned about the overreach of state power.
https://www.ubcpress.ca/privacy-in-peril

Call for Papers by David Ireland

MLJ, 2021

https://www.robsoncrim.com/call-for-papers-mlj The Manitoba Law Journal in conjunction with Robs... more https://www.robsoncrim.com/call-for-papers-mlj

The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual call for papers in Criminal Law. We seek submissions related to criminal law, criminology and criminal justice and cognate disciplines in Canada., the USA and the world. This is our eighth specialized criminal law volume, though Manitoba Law Journal is one of Canada’s oldest law journals. We invite scholarly papers, reflection pieces, research notes, book reviews, or other forms of written or pictorial expression. We are in press for volume 43 of the Manitoba Law Journal and have published papers from leading academics in criminal law, criminology, law and psychology and criminal justice. We welcome academic and practitioner engagement across criminal law and related disciplines.

Critical Criminology, 2020

SSRN Electronic Journal, 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics. The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

Social Science Research Network, Sep 16, 2020

In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the ch... more In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the chagrin of many criminal law practitioners. Ostensibly, Bill C-75 was passed partially in response to the fallout stemming from the controversial R v Stanley verdict, a case in which peremptory challenges were allegedly used to remove any and all jurors who appeared to be Indigenous. Bill C-75 has not been without its own controversy, however. Commentary by both legal professionals and scholars indicates that Bill C-75 – though well intentioned – may ultimately do more harm than good for the very communities it purports to serve. Numerous criminal law practitioners were quick to criticize Bill C-75 as being knee-jerk, reactionary, and, ultimately, a highly political move that would do little to address the systemic issues plaguing the criminal justice system in Canada, particularly for racialized and marginalized communities. The paper below endeavours to give voice to these perspectives. Following an extensive review of the history of peremptory challenges and a general history of jury work, we share the results of our survey in which Canadian Crown and defence counsel were asked to share their opinions on the removal of peremptory challenges. The responses indicate that, overall, surveyed Crown and defence counsel are concerned that the elimination of peremptory challenges will have a negative impact on jury trials in Canada. We explore the reasons for these fears in reviewing their responses to the survey.

MLJ (43), 2020

In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the ch... more In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the chagrin of many criminal law practitioners. Ostensibly, Bill C-75 was passed partially in response to the fallout stemming from the controversial R v Stanley verdict, a case in which peremptory challenges were allegedly used to remove any and all jurors who appeared to be Indigenous. Bill C-75 has not been without its own controversy, however. Commentary by both legal professionals and scholars indicates that Bill C-75 – though well intentioned – may ultimately do more harm than good for the very communities it purports to serve. Numerous criminal law practitioners were quick to criticize Bill C-75 as being knee-jerk, reactionary, and, ultimately, a highly political move that would do little to address the systemic issues plaguing the criminal justice system in Canada, particularly for racialized and marginalized communities. The paper below endeavours to give voice to these perspectives. Following an extensive review of the history of peremptory challenges and a general history of jury work, we share the results of our survey in which Canadian Crown and defence counsel were asked to share their opinions on the removal of peremptory challenges. The responses indicate that, overall, surveyed Crown and defence counsel are concerned that the elimination of peremptory challenges will have a negative impact on jury trials in Canada. We explore the reasons for these fears in reviewing their responses to the survey.

Crit Crim, 2020

In recent years, the Canadian Charter of Rights and Freedoms (the "Charter") has been relied on i... more In recent years, the Canadian Charter of Rights and Freedoms (the "Charter") has been relied on increasingly by Canadian courts to bolster common law police powers, often at the expense of due process. Ostensibly, the courts have shown more concern with the administration of the limits of policing than with the delineation of civil liberties. In this article, we trace the evolution of the interpretation of the Charter in this context, with early decisions suggesting a reluctance to create ex post facto police powers. The article then outlines the acceleration of judicial proliferation of common law police powers in Canada, cloaked in the veil of the Charter. In other words, unauthorized police conduct is legiti-mized by the courts on an ad hoc basis, so long as it is ultimately justifiable. We then discuss the findings of our own research into this phenomenon and comment on the possible implications that increasingly expansive common law police powers created by courts have had on due process in Canada, and the administrative role of the Supreme Court of Canada in mobilizing civil rights protections in the direction of state surveillance.

Manitoba Law Journal 42(3), 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics.
The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses. With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

Manitoba Law Journal, 2018

In Canada, legal education is rapidly evolving to include pedagogically innovative course deliver... more In Canada, legal education is rapidly evolving to include pedagogically innovative course delivery. Use of digital technologies and the use of flipped classrooms and blended delivery seems to be at the fore of this transformation. Few, if any, reflections on the use of technology and these new pedagogies have involved student viewpoints in the law school context. In this paper, we surveyed 26 law students in a first-year law school class in Canada in order to get a sense of technological habits, learning preferences and an inclination of whether students judge themselves to be benefiting from blended and flipped instruction, or technological innovation, more generally. For the group we surveyed, relational and in-person learning still seem to be preferred modes of student engagement, but in this context, there is still room for pedagogical innovation in Canada’s law schools.

Manitoba Law Journal, 2015

It is often stated that plea-bargaining is an indispensable part of a fair and efficient criminal... more It is often stated that plea-bargaining is an indispensable part of a fair and efficient criminal justice system. By observing sentencing hearings in the Provincial Court of Manitoba this paper shows that some form of plea bargaining is involved in a substantial majority of cases, that most joint recommendations on sentence are accepted by presiding judges, and most of these joint recommendations are not “true plea bargains” in the sense of a quid pro quo being offered. It is argued that the vast majority of joint recommendations are born of cultural expedience rather than as a result of true plea bargains. These cultural joint recommendations encroach significantly on the judicial function and may erode public confidence in the administration of justice. The continued proliferation of cultural joint recommendations may further entrench a culture of expedience in our criminal justice system and could potentially lead to higher sentences.

Manitoba Law Journal , 2021

Part 1: Indigenousness and Sentencing 1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE... more Part 1: Indigenousness and Sentencing
1 Making an ‘ASH’ out of Gladue: The Bowden Experiment JANE DICKSON
29 Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward
HARDIE RATH-WILSON
59 The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the System Failings of the Ontario Corrections Regime
NICOLE KELL Y
95 Decades in Crisis: A Critical Analysis of the Underuse of Section 81 and 84 of the Correction and Conditional Release Act and its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration MADISON PARKER
Part 2: Mandatory Minimum Sentences
123 Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions
STACEY M. PURSER
147 A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence
BRYTON M.P. MOEN

2019 Volume 42(3), 2019, 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics.
The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

2019 Volume 42(4), 2019

We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics.
The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.

UBC Press, 2019

In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreas... more In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter. Police would henceforth require authorization based on “reasonable and probable grounds.” The decision promised to protect individuals from encroaching state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. A close examination of dozens of post-Hunter cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the court has used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Dickson’s vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century.

This book is an invaluable resource for anyone thinking about search and seizure, whether they are students or legal scholars; members of policing organizations, security forces, or civil liberties groups; or individuals concerned about the overreach of state power.
https://www.ubcpress.ca/privacy-in-peril

MLJ, 2021

https://www.robsoncrim.com/call-for-papers-mlj The Manitoba Law Journal in conjunction with Robs... more https://www.robsoncrim.com/call-for-papers-mlj

The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual call for papers in Criminal Law. We seek submissions related to criminal law, criminology and criminal justice and cognate disciplines in Canada., the USA and the world. This is our eighth specialized criminal law volume, though Manitoba Law Journal is one of Canada’s oldest law journals. We invite scholarly papers, reflection pieces, research notes, book reviews, or other forms of written or pictorial expression. We are in press for volume 43 of the Manitoba Law Journal and have published papers from leading academics in criminal law, criminology, law and psychology and criminal justice. We welcome academic and practitioner engagement across criminal law and related disciplines.