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Manitoba Law Journal 44(1) (A Robson Crim Edited Collection) by Nesbitt, Roach and Hoffman, 2021

On June 2, 2006, in Toronto and its Western suburb, Mississauga, Ontario, hundreds of police offi... more On June 2, 2006, in Toronto and its Western suburb, Mississauga, Ontario, hundreds of police officers and security operatives mobilized in simultaneous raids as part of an inter-agency operation dubbed “Project Osage.” This was the single largest terrorism- related sting in Canadian history. It resulted in the largest apprehension of individuals implicated in a “homegrown” terrorist plot that the Western, English-speaking world had ever seen, including the immediate arrest of 15 individuals (including three minors); a further arrest of two other individuals already in prison; and the subsequent arrest of an 18th individual two months later. Notoriously, these 18 individuals became known as the “Toronto 18” and their criminal proceedings as the Toronto 18 trials.

By building upon and going beyond a legal examination of the Toronto 18, this book provides insights and perspectives for academics interested in the social-scientific study of terrorism and political violence, as well as government and security agencies that are tasked with the detection and prevention of acts of terrorism on Canadian soil. Legal practitioners and scholars in the area of terrorism will also find unique and useful perspectives on the practicalities of this complex field, including critical insights that may help guide the courts away from some of their previous mistakes.

Robson Crim has developed as a hub for national Crim research and now accepts many more submissio... more Robson Crim has developed as a hub for national Crim research and now accepts many more submissions than we can accommodate. Further, we have recently tapped into the CanLII Connects system and are excited by the drive towards open access in legal scholarship and authorship. We have made connections with Emond Publishing who have graciously provided editorial assistance to us in these two latest volumes. Our commitment to open access publication, as well as our presence on the usual legal databases and Academia.edu contributes to making our resources easy to access. As part of our commitment to advancing legal research and disseminating knowledge in the fields of criminal law, criminal justice and criminology, we present you, this year, with two additional volumes of the Criminal Law Edition of the Manitoba Law Journal.

Putting together a double volume was no small feat. We would like to thank our authors, who submi... more Putting together a double volume was no small feat. We would like to thank our authors, who submitted highly relevant and thoughtful pieces of legal analysis, touching on fields of criminology, criminal justice and criminal law, amongst others. We would also like to thank our Robson Crim collaborators, and our peer reviewers,6 all of whom helped put this project together for another round. The entire editorial team would like to extend an extra thank you to Rebecca Bromwich, Melanie Murchison, and James Gacek for their help and support, as well as to the Dean of the Faculty of Law, at the University of Manitoba, Dr. Jonathan Black-Branch.

Manitoba Law Journal 44(1) (A Robson Crim Edited Collection) by Nesbitt, Roach and Hoffman, 2021

At Robson Crim we believe passionately that criminal law in Canada must be studied from perspecti... more At Robson Crim we believe passionately that criminal law in Canada must be studied from perspectives of multivalence. Black letter law analyses indeed have their place, as do complex theoretical interrogations of criminal law. Speaking across disciplines between law, criminology, sociology, psychology, and other disciplines is an ever-present challenge. We must never forget that good criminal law practice is informed well by the social sciences and humanities.

The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual ca... more The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual call for papers in Criminal Law. This is our fourth 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 volumes 41(3) and 41(4) 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.

The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our second an... more The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our second annual call for papers in Criminal Law. We invite scholarly papers, reflection pieces, research notes, book reviews, or other forms of written or pictorial expression. We welcome academic and practitioner engagement across criminal law and related disciplines. We invite papers that relate to issues of criminal law and cognate disciplines as well as general submissions dealing with topics in criminal law, criminology, criminal justice, urban studies, legal studies and social justice that relate to criminal regulation. We will be reviewing all submissions on a rolling basis with final submissions due by February 1, 2018. This means, the sooner you submit, the sooner we will begin the peer review process. We will still consider all submissions until the deadline. Submissions should generally be under 15,000 words (inclusive of footnotes) and if at all possible conform with the Canadian Guide to Uniform Legal Citation, 8th ed (Toronto: Thomson Carswell, 2014)-the "McGill Guide". Submissions must be in word or word compatible formats and contain a 250 word or less abstract and a list of 10-15 keywords. Submissions are due February 1, 2018 and should be sent to info@robsoncrim.com. For queries please contact Professors Richard Jochelson, Amar Khoday or David Ireland, at this email address. THE JOURNAL The Manitoba Law Journal (MLJ) is a publication of the Faculty of Law, University of Manitoba located at Robson Hall. We aim at producing critical coverage of events in our own community, but welcome pertinent commentary concerning developments at the national or international level or in other provinces. The MLJ is carried on LexisNexis Quicklaw Advance, Westlaw Next and Heinonline and included in the annual rankings of law journals by the leading service, the Washington and Lee University annual survey. The MLJ operates with the support of the SSHRC aid to scholarly journal grants program. PEER REVIEW We generally use a double-blind peer review process to ensure that the quality of our publications meets the requisite academic standards. Articles are anonymized and then, after editorial review, reviewed by anonymous experts. Occasionally the identity of the author is intrinsic to evaluating the article (e.g., an invited distinguished lecture or interview) and the reviewers will be aware of it. Articles are accepted with revisions, encouraged to revise and resubmit, or rejected. This is an open access journal, which means that all content is freely available without charge to the user.

Manitoba Law Journal Volume 42(5), 2020

Manitoba Law Journal 42(2), 2020

Manitoba Law Journal Special Edition - DeLloyd J. Guth, 2020

Manitoba Law Journal Criminal Law Edition, 2020

Criminal Justice and Evidentiary Thresholds in Canada: The Last Ten Years, 2020

This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: T... more This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years conference, hosted at the Faculty of Law, University of Manitoba. The conference focussed on the evolution of the law of evidence and the sometimes radical transformations it has seen over the last ten years since the seminal decision of R v Grant in 2009, which reoriented the test for exclusion of evidence at trial. The conference explored questions of the conception of knowledge in modern criminal legal proceedings and the changes in the nature of knowing and constructing criminal responsibility over the last ten years as the information age continues to develop the law of evidence. Unparalleled connectivity, state surveillance capabilities, Canada’s commitment to truth and reconciliation with Indigenous communities, and anxieties pertaining to large scale security calamities (like terror events), have altered the landscape in which crime is investigated, and in which evidence is subsequently discovered, and admitted. The conference discussed and unpacked these issues and developed a tremendous body of scholarship which we are proud to present in this volume.
i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition
KENT ROACH
49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE
111 The Unclear Picture of Social Media Evidence LISA A. SIL VER
155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms
RUBY DHAND AND KERRI JOFFE
249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF
273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
JAMES GACEK AND ROSEMAR Y RICCIARDELLI
295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review
ADELINA IFTENE AND VANESSA L. KINNEAR
357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis
ALICIA DUECK-READ
391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations
LAUREN MENZIE AND TARYN HEPBURN
421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY

Manitoba Law Journal Criminal Law Edition, 2020

Our third volume of 2020 is also divided into three sections: Corrections, Judicial Release, and ... more Our third volume of 2020 is also divided into three sections: Corrections, Judicial Release, and Related Issues; Critical Approaches in Criminal Justice; and Placing Theory into Criminal Law Practice. The first section contains two articles: Sarah Runyon’s “Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties” and Alana Hannaford’s “Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions.” Runyon’s article interrogates the prevalence of administration of justice charges in the context of Indigenous offenders. She argues that continually charging Indigenous offenders with breaching court orders, so called system generated charges, can create and perpetuate a social hierarchy from which the state justifies continued discrimination and oppression of the Indigenous population. Runyon goes on to revisit the seminal cases of Gladue and Ipeelee in the context of community-based dispositions.
2020 Volume 43(5), Special Issue
Criminal Law Edition (Robson Crim)
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
Corrections, Judicial Release, and Related Issues
1 Correctional Afterthought: Offences Against the Administration of Justice and Canada’s Persistent Savage Anxieties
SARAH RUNYON
39 Issues Surrounding Pre-Conviction Abstention Conditions on Persons Suffering from Illicit Substance Addictions
ALANA HANNAFORD
Critical Approaches in Criminal Justice
65 Nuancing Feminist Perspectives on the Voluntary Intoxication Defence FLORENCE ASHLEY
95 The Criminalization of Non-Assimilation and Property Rights in the Canadian Prairies
LAUREN SAPIC
117 The Supreme Court of Canada’s Justification of Charter Breaches and its Effect on Black and Indigenous Communities
ELSA KAKA
145 Moms in Prison: The Impact of Maternal Incarceration on Women and Children
KATY STACK
Placing Theory into Criminal Law Practice
161 The Privacy Paradox: Marakah, Mills, and the Diminished Protections of Section 8
MICHELLE BIDDULPH
197 Social Suppliers and Real Dealers: Incorporating Social Supply in Drug Trafficking Law in Canada
SARAH FERENCZ