James Gacek | University of Regina (original) (raw)

Papers by James Gacek

Canadian public safety personnel (e.g., correctional workers, firefighters) experience potential ... more Canadian public safety personnel (e.g., correctional workers, firefighters) experience potential stressors as a function of their occupation. Occupational stressors can include organizational (e.g., job context) and operational (e.g., job content) elements. Operational stressors (e.g., exposures to potentially psychologically traumatic events) may be inevitable, but opportunities may exist to mitigate other occupational stressors for public safety personnel. Research exploring the diverse forms of stress among public safety personnel remains sparse. In our current qualitative study we provide insights into how public safety personnel interpret occupational stressors. We use a semi-grounded thematic approach to analyze what public safety personnel reported when asked to further comment on occupational stress or their work experiences in two open-ended comment fields of an online survey. We provide a more comprehensive understanding of how public safety personnel experience occupational stress and the stressors that are unique to their occupations. Beyond known operational stressors, our respondents (n = 1238; n = 828) reported substantial difficulties with organizational (interpersonal work relationship dynamics; workload distribution, resources, and administrative obligations) and operational (vigilance, work location, interacting with the public) stressors. Some operational stressors are inevitable, but other occupational stressors can be mitigated to better support our public safety personnel.

Mental health challenges appear to be extremely prolific and challenging for correctional service... more Mental health challenges appear to be extremely prolific and challenging for correctional service employees, affecting persons working in community, institutional, and administrative correctional services. Focusing specifically on correctional workers employed by the Ontario Ministry of the Solicitor General, we shed light on their interpretations of the complexities of their occupational work and of how their work affects staff. Using a qualitative thematic approach to data analyses, we show that participants (n = 67) encounter barriers to treatment seeking, which they describe as tremendous, starting with benefits, wages, and shift work. We let the voices of staff elucidate what is needed to create a healthier correctional workforce. Recommendations include more training opportunities and programs; quarterly, semiannual, or annual appointments with a mental health professional who can assess changes in the mental health status of employees; offsite assessments to ensure confidentiality; and team building opportunities to reduce interpersonal conflict at work and increase moral by improving the work environment.

Public discourse on environmental responsibility and sustainability continues to pressure corpora... more Public discourse on environmental responsibility and sustainability continues to pressure corporations, especially those that have been portrayed as key contributors of environmental harm. Greenwashing is a strategy that companies adopt to engage in symbolic communications with environmental issues without substantially addressing them in actions. This paper aims to raise awareness of corporate greenwashing, drawing attention to issues that progress the trend of individualized responsibility and consumption, while concealing the social and (eco)systemic issues in the process. By drawing on the case study of winter apparel company Canada Goose, this paper questions whether businesses can 'go green' in good faith, if corporate responsibility and environmental responsibility can ever be reconciled, and if there is considerable need to clarify the intended effects and unintended consequences of corporate greenwashing.

Our article argues that non-human animals deserve to be treated as something more than property t... more Our article argues that non-human animals deserve to be treated as something more than property to be abused, exploited, or expended. Such an examination lies at the heart of green criminology and law-an intersection of which we consider more thoroughly. Drawing upon our respective and collective works, we endeavor to engage in a discussion that highlights the significance of green criminology for law and suggests how law can provide opportunities to further green criminological inquiry. How the law is acutely relevant for constituting the animal goes hand in glove with how humanness and animality are embedded deeply in the construction of law and society. We contend that, when paired together, green criminology and law have the potential to reconstitute the animal as something more than mere property within law, shed light on the anthropocentric logics at play within the criminal justice system, and promote positive changes to animal cruelty legislation. Scholarship could benefit greatly from moving into new lines of inquiry that emphasize "more-than-human legalities". Such inquiry has the power to promote the advocacy-oriented scholarship of animal rights and species justice.

Often considered as an “alternative to incarceration,” electronic monitoring (EM) is widely promo... more Often considered as an “alternative to incarceration,” electronic
monitoring (EM) is widely promoted as a central method of reducing
incarceration costs while ensuring public safety. Yet there remain
questions regarding the use of EM which require further academic
attention. Drawing upon a litany of cross-jurisdictional EM literature,
this article identifies ongoing trends and concerns of EM. At present
there are growing EM debates pertaining to privatization: the
perspectives from offenders, operators, victims, media, and the public
about EM, which ultimately progress the debate forward. In Canada
the evolution of EM has been relatively slow and intermittent
compared to its American and European counterparts; however, we
are not immune to the challenges facing the use of EM as a fix to
criminal justice system crises. The article concludes with a reflection
on EM as an alternative form of incarceration; in the era of “ECarceration” we are witnessing the use of technology to deprive
people of their liberty and punish them (Kilgore, 2018). Challenging
EM requires us to support humane solutions to human problems,
rather than resorting to the answer EM provides.

Drawing upon semi-structured interviews with correctional officer recruits in training (n = 55), ... more Drawing upon semi-structured interviews with correctional officer recruits in training (n = 55), we reflect on recruit interpretations of transgender (trans) prisoner placement within federal prisons in light of recent changes instigated by Canadian Prime Minister Trudeau. Recognising that prison is a carceral and gender binary space, we assert that trans prisoner lives and experiences cannot easily be appropriately recognised or included in prison policy and prisoner management procedures. Our findings reveal that most recruits are supportive and appreciative of the complexities of trans experiences, yet some, especially those with prior experience working in prisons, describe occupational strains tied to accommodating trans prisoners.

The aim of this article is to e amine the e periences of feeling and being "stuck" ithin the larg... more The aim of this article is to e amine the e periences of feeling and being "stuck" ithin the larger carceral eb of people and practices associated ith monitoring and managing the marginali ed in societ Quali tati e inter ie s ere conducted ith prisoners from HMP Edinburgh ho e perience electronic mon itoring EM in Scotland B dra ing upon carceral geograph and mobilit I supplement the clarion call b researchers for a more detailed and spatial anal sis of EM hile gi ing oice to an unheard and mar ginali ed population Findings suggest that reconsidering these indi iduals as being stuck sheds light on the issues the face ith EM stigma ith sticking to the time of the curfe and the pains of being stuck in place hile their lo ed ones and their li es remain "on the mo e". In effect questions must no be posed to begin to ameliorate the issues of the e cluded-as-stuck as a greater concern for the e pansion of the carceral state and the idening and diffusion of the "carceral eb" calls for consideration o er its disentanglement and reduction

In our article, we attend to the implied outlooks ("philosophies" in the sense of operative pract... more In our article, we attend to the implied outlooks ("philosophies" in the sense of operative practical discourses and assumptions) and the competing ethical concerns that animate differing views on privatizing corrections. We consider some normative arguments and empirical observations that have been mobilized for and against privatization since the inception of the modern version of this debate in the late 1980s, and we seek to place these in the context of accounts of penal problems over that contentious period. We argue that a multidimen-sional approach to understanding the sociology of punishment and in particular how certain forms of punishment persist, survive, and thrive is required when considering the privatization of corrections. In using such an approach, we raise quizzical questions regarding the pairing together of punishment and privatization, and as a result, we seek to sharpen the discussion about future prospects. Greater attention must be paid toward public involvement, knowledge, and understanding about penal policies.

Alberta Law Review, 2019

In R. v. Labaye, the Supreme Court revised the test for Criminal Code offences involving indecenc... more In R. v. Labaye, the Supreme Court revised the test for Criminal Code offences involving indecency and obscenity, replacing the previous community standards of tolerance test. Despite the Supreme Court’s demand for positive knowledge of (risk of) harm, the Labaye test still largely protects a normative vision of society rather than promoting human sexuality and freedom of expression. The judiciary post-Labaye continue to fill evidentiary vacuums with circumstantial evidence and intangible harms, informed by judicial tastes rather than empirical harm. Labaye has also become a discursive construct that is explicative of harm in other public law arenas. This article reveals the inconsistencies in applications of the Labaye test and considers whether a more principled definition of harm is needed in indecency and obscenity cases & beyond.

The regulation of animals in North America should be apprised of evolving socialities. As the jud... more The regulation of animals in North America should be apprised of
evolving socialities. As the judiciary encounters situations of contestation between humans and animals in adjudication, it should take notice of the emergence of animal recognition in Western societies. Law is apprised of sociality, can absorb social information, and may, at times, reflect how citizens view issues of justice. What was once innocent behavior can be reconstituted as criminal through the adjudicative exercise (and vice versa). In this Paper, we investigate socio-legal constructions of 'the animal' in two recent North American adjudications. In two recent cases, R. v. D.L.W. and State v. Newcomb, the Supreme Court of Canada and the Oregon Supreme Court contested what it means to be an animal in situations of bestiality and animal welfare investigations respectively. We argue that the jurisprudence
in Canada and the United States should begin to incrementally shift towards progressive conceptions of animal existence. Such an understanding would (re)consider animals as beings, capable of worth and dignity - as more than expendable property. In light of a relative void of modern animal welfare legislation in North American jurisdictions, let alone animal bills of rights, the judicial decision remains the most likely site of progress for animal advocacy.

Accounts of prison life consistently indicate a culture of aggression, fear, violence and general... more Accounts of prison life consistently indicate a culture of aggression,
fear, violence and general mistrust. These accounts also highlight
how inmates adapt to prison, which typically occur in the form of
men managing emotional ‘fronts’ or putting on ‘masks’ of masculine
bravado to deter the aggression of other inmates and hide their
vulnerabilities. The aim of this article is not to discount the truth of
these descriptions, but to examine how inmates use space to readjust
their self presentations and release emotions in order to endure prison
life. Qualitative, semi-structured interviews were conducted with ten
men who experienced periods of incarceration in Manitoba, Canada.
By drawing upon carceral geography, prison sociology, and
Goffman’s work on impression management within confined spaces,
I supplement the clarion call by researchers for a more detailed and
nuanced spatial analysis of prison culture. My findings suggest that
these men sought solitary confinement in order to rework their
presentations of self. Additionally, solitary confinement became an
“island of respite” (Crewe et al., 2014) which allowed these men to
let their guards down and temporarily alleviate the constraint upon
their behaviour that the presence of other inmates invoked. In effect,
the men’s experiences and reflections represent a challenge to
depictions of prisons generally and solitary confinement specifically
as carceral spaces which are emotionally undifferentiated,
unwaveringly aggressive, and free from inmate subversion.

Dutch national police recently became the world’s first force to train eagles to combat the growi... more Dutch national police recently became the world’s first force to train
eagles to combat the growing rise of drones within the Netherlands.
Partnering with an eagle-training security firm, Guard From Above,
both organizations believe using eagles to intercept and retrieve
drones is the most effective countermeasure to handle rogue drones
in the skies. This paper questions whether such a police operation
to increase air security respects the rights of the eagles and ensures
the animals’ protection from unreasonable injury, harm and suffering.
Such an examination lies at the intersection of green criminological
perspectives and critical security studies’ scholarship, an intersection
of which I consider more thoroughly. By implementing a qualitative
media analysis, this paper examines twenty media reports detailing
the facts of the Dutch ‘Flying Squad.’ I contend that police agencies
in the West must seriously consider such eagle initiatives as intrusive,
harmful practices. The findings suggest that conceptualizing the
eagles as exceptional ‘biotechnological’ state agents may increase
sky security in Western countries, but such anthropocentric logics of
security minimize the concerns for ‘species justice’ and the safeguards
for eagles.

With the recent developments surrounding R v DLW and the legal interpretation of 'bestiality' bef... more With the recent developments surrounding R v DLW and the legal interpretation of 'bestiality' before the Supreme Court of Canada, animal law organizations such as Animal Justice insist that Canadians must recognize their obligation to protect the most vulnerable beings in their care, and not subject them to abuse. We argue that there were many avenues of interpretation open to the Supreme Court in adjudicating and addressing the legal definition of bestiality. The majority of the Supreme Court ultimately adopted a conservative approach to statutory interpretation. A strict legal construction and focus on original intent of Parliament foreclosed development of the law towards legal recognition of animal sentience and the concomitant implications for animal rights in Canadian law. In this paper we consider various routes by which a more progressive interpretation of bestiality could have been constructed by the Supreme Court of Canada. When the Supreme Court of Canada concluded that bestiality could only be interpreted as a penetrative offence, it avoided the chance for incremental legal change that could have contributed to the ways Canadians, laypersons, and legal professionals recognized animal * James Gacek is currently a doctoral candidate at Edinburgh Law School, University of Edinburgh. He has lectured in criminology and criminal justice at

This paper undertakes a critical methodology of case law that unpacks the sociality of the legal ... more This paper undertakes a critical methodology of case law that unpacks the sociality of the legal case. Our paper analyzes the legal case of D.L.W. (2016) through the trial, appellate and Supreme Court decisions, and mines the legal texts produced for reasoning and rhetoric pertaining to the interpretation of the legal term bestiality.

In this paper, we propose and develop the concept of " socioeconomic hygiene " to denote the ways... more In this paper, we propose and develop the concept of " socioeconomic hygiene " to denote the ways in which neoliberal Western urban space is spatially regulated and reoriented towards consumption in a way that reinforces social exclusion. By connecting genocide literature with that of urban sociology, we parallel " socioeconomic hygiene " with " racial hygiene " in order to highlight similar sociological motivations and spatial tactics within both regimes. Th is includes the enforcement of a binary within which dominant and subordinate identities are constructed; the naturalization of the " Other " either through biology (in the case of racial hygiene) or place (in the case of socioeconomic hygiene); and the micro-political enforcement of ideological genocidal/ neoliberal tenets " on the ground, " translating ideology into practical social cues. We conclude by tracking how sociological strategies of " hygiene " have moved from racial and biological features to features of place and socioeconomic status, and how BIDs, resembling genocidal states in certain ways, use these strategies to continually justify their own existence.

Within Canadian national cinema, audiences view places that draw attention to the shared experien... more Within Canadian national cinema, audiences view places that draw attention to the shared experience of being within these geopolitical, socio-spatial locations. This paper contends that crime films set in Winnipeg, a city situated in the centre of North America, reflect and contribute to the cultural identity of the city within the national imaginary. Place-myths have the potential to construct meanings about a particular place, indicating whether it is romantic or dangerous, progressive or " backward, " vibrant or decaying. While currently branded by local civic boosters as the 'Heart of the Continent,' (Kives, 2008) the construction of Winnipeg-as-place on film tells a different tale. By implementing a qualitative media analysis, we argue that place-myths manifest themselves within Canadian crime film narratives, and that a better understanding of place allows us to observe how Winnipeg becomes socially spatialized onscreen. As our paper suggests, one's sense of space can only constellate when one's experiences of being and acting within a place is taken into account. Winnipeg ultimately becomes represented on film as a place where crime is rampant and law enforcement is unable to combat the criminal behaviour within the city—in other words, where law and justice is 'frozen.'

Dans le cinéma national canadien, les auditoires vont associer les lieux avec leur propre expérience de ces emplacements géopolitiques et de leur espace social. Cet article soutient que les films policiers qui se déroulent à Winnipeg, une ville située au centre de l'Amérique du Nord, reflètent et contribuent à forger l'identité culturelle de la ville au sein de l'imaginaire national. Les mythes liés aux endroits ont le potentiel de construire des significations autour d'un lieu spécifique, indiquant si cet espace est romantique ou dangereux, progressif ou « rétrograde », animé ou déserté. Même si des représentants de Winnipeg vont qualifier la ville de « coeur du continent » (Kives, 2008), sa construction imaginaire au cinéma raconte une autre histoire. Par la mise en oeuvre d'une analyse qualitative des médias, nous soutenons que les mythes des lieux se manifestent dans les trames narratives des films policiers canadiens, et qu'une meilleure compréhension des lieux nous permet de constater comment l'espace social de Winnipeg a été présenté à l'écran. Comme notre article le suggère, notre perception de l'espace ne peut s'exprimer pleinement que si nous expérimentons concrètement et agissons dans celui-ci. Winnipeg devient finalement représenté au cinéma comme un endroit où le crime est à la hausse et les organismes d'application de la loi incapables de combattre les comportements criminels dans la ville – en d'autres mots, où la loi et la justice sont « immobiles ».

This paper contributes to the criminology of genocide through examination of settler colonial des... more This paper contributes to the criminology of genocide through examination of settler colonial destruction within the broader context of what we term ‘genocidal carcerality’. We employ this term to examine the ways in which space is implicated in the physical, biological, and cultural destruction of group life. In this paper, our purpose is not to create a typology of genocidal carcerality, but rather to demonstrate the multiplicity of spatial strategies at work within any genocidal context, with specific focus on Indian Residential Schools. In so doing, we critique attempts to reduce genocidal carcerality to a single spatial form, such as the camp. We illustrate our main points through a case study of the Fort Alexander Indian Residential School in Manitoba, Canada.

Hayward and Young (2004) have urged criminologists to investigate the cultural nature of crime, t... more Hayward and Young (2004) have urged criminologists to investigate the cultural nature of crime, the meaning surrounding interaction, and the interplay of transgression, identity, insecurity and emotion within mediated and cultural representations of crime and justice. In this paper, we attempt to visualize justice by analyzing how film expresses and places crime and agencies of control in the context of visual popular culture. We carry out a qualitative content analysis of three films by Canadian director Atom Egoyan that deal with crime and the aftermath of loss and victimization.

Book Chapters by James Gacek

Bookman S and Gacek J (2017) "The Mean Streets of Winnipeg: Entanglements of Crime and Place". In... more Bookman S and Gacek J (2017) "The Mean Streets of Winnipeg: Entanglements of Crime and Place". In: Kohm S, Bookman S, and Greenhill P (eds.) Screening Justice: Canadian Crime Films, Culture and Society. Halifax & Winnipeg: Fernwood Publishing. Pp. 98-115.

Alberta Law Review, 2019

Book chapter from Turner, J. & Peters, K. (2017) Carceral Mobilities: Interrogating Movement in I... more Book chapter from Turner, J. & Peters, K. (2017) Carceral Mobilities: Interrogating Movement in Incarceration. Abingdon: Routledge. pp. 73-84.

Walby, K., R. Lippert and J. Gacek. 2016. ‘Securitising ‘National Interests’: Canadian Federal Go... more Walby, K., R. Lippert and J. Gacek. 2016. ‘Securitising ‘National Interests’: Canadian Federal Government Departments, Corporate Security Creep, and Security Regimes’. In National Security, Surveillance, and Terror: Canada and Australia in Comparative Perspective. R. Lippert, K. Walby, I. Warren and D. Palmer (eds). London: Palgrave. Pp 155-176.

Annual Review of Interdisciplinary Justice Research, 2021

The Annual Review of Interdisciplinary Justice Research Volume 10, 2021 Edited by Steven Kohm, K... more The Annual Review of Interdisciplinary Justice Research Volume 10, 2021

Edited by Steven Kohm, Kevin Walby, Kelly Gorkoff, Katharina Maier and
Bronwyn Dobchuk-Land The University of Winnipeg Centre for
Interdisciplinary Justice Studies (CIJS) ISSN 1925-2420

Digitizing Justice, 2020

More than two decades ago, Manuel Castells (1996: 464) wrote of the network society, enacted by l... more More than two decades ago, Manuel Castells (1996: 464) wrote of the network society, enacted by light-speed digital information technologies, through which the pace of information flows begin to alter traditional notions of time and space. Digital networks are open structures, can expand without limit, and are the necessary instruments for a decentralized and global capitalist economy. Castells warned that this network society will increase individualization and exacerbate all forms of inequality. Castells was writing just as the internet was becoming all-pervasive, well before the rise of so-called "smart" phones and other "smart" devices. Since Castells' writing on the network society, digitization has changed our world drastically, perhaps even more than Castells had anticipated. Online and digital initiatives are transforming criminal justice practices and processes too. However, criminology and criminal justice scholars have yet to fully grasp the many ways that digitization is changing crime, law, policing, prosecution, punishment, and social life more broadly.

2019 Volume 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.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.

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.

In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with... more In Philip K. Dick’s short story Minority Report, the institution of Precrime punishes people with imprisonment for crimes they would have committed had they not been prevented. With Dick’s allegorical inspiration, the authors of Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt posit that recent developments in Canadian law indicate a trend toward imposing punitive measures at increasingly earlier stages of the prosecutorial process. The result is a potentially new field of criminal management that could be characterized as "precrime"—particularly the use of the law as a technology of surveillance and prevention since "terror" became a justification for intervention.

The authors note that as risk management logics (based in actuarial sciences) have shifted to precautionary ones (based in administrative sciences), the law has responded by developing techniques in the arena of criminal regulation in light of the "war on terror": the need to ensure security, the proliferation of digital data, and the development of drones, social networking, and cloud storage to gather personal data. The authors view shifts in criminal investigation; the substantive criminal law of sexual expression, conduct, and work; and civil forfeiture as emblematic of precrime populism. The unifying theme of these techniques is that they occur prior to state-identified crime, arise out of a precautionary philosophy, and seek to presume (or circumvent) criminality.

The book is a provocative read for scholars and students in criminal law, policing, and surveillance, as well as for those interested in how areas of law, such as immigration, health, and anti-terrorism, are mobilizing the logics of risk and surveillance in new ways that emphasize precaution. The authors invite legal scholars to place the analytical lens of precrime on criminal and regulatory practices in Canada as well as other Western nations across the globe.

by Centre for Interdisciplinary Justice Studies, Steven Kohm, Richard Jochelson, James Gacek, Mandi Gray, Carolyn McKay, Kristi Brownfield, Rick Ruddell, Kevin Walby, Donald Sharpe, Joanne Struch, and Zana Lutfiyya

The Annual Review of Interdisciplinary Justice Research Volume 6, 2017

Visualizing Justice

This issue of the Annual Review of Interdisciplinary Justice Research focuses on visibility, visu... more This issue of the Annual Review of Interdisciplinary Justice Research focuses on visibility, visuality and justice. From studies of propaganda (Shimko 1991; Wilke 1998) to examinations of visual culture and images more broadly (Howells 2003; Messaris 1994; Mirzoeff 1998), visuality and visibility are two of the most significant concepts of the last decade across the social sciences and humanities (Jay 1995; 2005; Urry 1992; Woodiwiss 2001). Our definitions of justice, visuality, and visibility are broad and inclusive, partly because we see them as contested concepts.
The rewarding, enjoyable aspect of academic inquiry is testing how far these analytical ideas can be pushed and explored. As part of our annual justice conference, we invited academic contributions as well as photographic and artistic exposures of the following approaches to justice and visibility including but not limited to: social justice; ecological justice; indigenous justice; urban justice; human rights and justice; works on surveillance; the role of sight in criminal justice; media representations of law; order and justice more broadly; the use of visual methods in the justice disciplines; and the visuality of forensics. As the reader will see in what follows, the contributors have been comprehensive and meticulous in their examination of these topics.

IJR Volume 5

Annual Review of Interdisciplinary Justice Research, Visualizing Justice (IJR) Volume 5: Winter 2016, editors Richard Jochelson, Kevin Walby, Michelle Bertrand and Steven Kohm, Centre for Interdisciplinary Justice Studies (CIJS), The University of Winnipeg, ISSN 1925-2420

Table of Contents
Introduction Kevin Walby, Richard Jochelson, Michelle Bertrand and Steven Kohm

Visualizing Cultural Criminology: See(k)ing Justice in the Films of Atom Egoyan Steven Kohm and James Gacek

Meth, Markets, Masculinities: Action and Identity in AMC’s Breaking Bad Diana Young

“When She Cracks”: The Visual (Re)Construction of “Deadly Women” in Infotainment Media Isabel Scheuneman Scott and Jennifer M. Kilty

“Let’s Be Bad Guys”: (Re)Visualizing (In)Justice on the Western Frontier in Joss Whedon’s Firefly/Serenity Garrett Lecoq

The Representation of Prison Subculture Models in Mid- 20th Century Hollywood Film Courtney A. Waid-Lindberg, Daryl J. Kosiak and Kristi Brownfield

Visualizing Interrogative Injustice: Challenging Law Enforcement Narratives of Mr. Big Operations through Documentary Film Amar Khoday*

Linking Visuality to Justice through International Cover Designs for Discipline and Punish Katherine Bischoping, Selom Chapman-Nyaho and Rebecca Raby*

Rationale: Of Manicures, Make-Overs, Matryoshkas, and Transformation Visualizing My Legal Studies Rebecca Bromwich

Visible Justice: YouTube and the UK Supreme Court Leslie J Moran

Reflections on Visual Methods from a Study of Manitoulin Island’s Penal History Museums Kevin Walby and Justin Piché

Visualizing Prison Life: Does Prison Architecture Influence Correctional Officer Behaviour? An Exploratory Study Michael Weinrath, Camella Budzinski and Tanis Melnyk

(In) Visible Histories: Colonialism, Space and the Canadian Museum for Human Rights Mandi Gray and Karl Gardner

Justice as Invisibility: Law, Terror, and Dehumanization Robert Diab

Examining Narratives of Cultural Diversity in Mental Health Law Ruby Dhand

Visualizing Indigenous Perspectives of how the Saskatoon Community Youth Arts Program (SCYAP) Addresses Social Exclusion John Charlton and John Hansen

*Khoday wishes to acknowledge the financial support of the Legal Research Institute at the University of Manitoba’s Faculty of Law as well as the helpful research assistance of Eric Kerson

*Bischoping et al are grateful to C. Lewis Kausel and Simon Penny for their insights, and Andrey Bondarenko, Mykola Lyalyuk, David Moffette, and Hazel Smith for their assistance in identifying images.

Canadian Journal of Law and Society / Revue Canadienne Droit et Société, 2015

Blogpost submitted to Robson Crim on November 22nd, 2017. Robson Crim is a criminal legal blog ('... more Blogpost submitted to Robson Crim on November 22nd, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on October 10th, 2017. Robson Crim is a criminal legal blog ('b... more Blogpost submitted to Robson Crim on October 10th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on August 8th, 2017. Robson Crim is a criminal legal blog ('bla... more Blogpost submitted to Robson Crim on August 8th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on June 26th, 2017. Robson Crim is a criminal legal blog ('blaw... more Blogpost submitted to Robson Crim on June 26th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on June 5th, 2017. Robson Crim is a criminal legal blog ('blawg... more Blogpost submitted to Robson Crim on June 5th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Migration Law Research Cluster (MLRC) on June 1st, 2017. MLRC is located at... more Blogpost submitted to Migration Law Research Cluster (MLRC) on June 1st, 2017. MLRC is located at Robson Hall Law School, and is dedicated to the intersections between migration studies and law. Posts are also dedicated to areas concerning immigration law and policy, refugee law, and migrant (re)settlement. Cross-posted to RobsonCrim on June 1st, 2017.

Blogpost submitted to Robson Crim on May 15th, 2017. Robson Crim is a criminal legal blog ('blawg... more Blogpost submitted to Robson Crim on May 15th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on May 5th, 2017. Robson Crim is a criminal legal blog ('blawg'... more Blogpost submitted to Robson Crim on May 5th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on March 27th, 2017. Robson Crim is a criminal legal blog ('bla... more Blogpost submitted to Robson Crim on March 27th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on March 20th, 2017. Robson Crim is a criminal legal blog ('bla... more Blogpost submitted to Robson Crim on March 20th, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on February 1st, 2017. Robson Crim is a criminal legal blog ('b... more Blogpost submitted to Robson Crim on February 1st, 2017. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to the Global Justice Blog on November 28th, 2016. The Global Justice Blog is ... more Blogpost submitted to the Global Justice Blog on November 28th, 2016. The Global Justice Blog is operated by the Global Justice Academy, located at the University of Edinburgh. For more information, please visit: http://www.globaljusticeacademy.ed.ac.uk/.

Blogpost submitted to Robson Crim on November 21st, 2016. Robson Crim is a criminal legal blog ('... more Blogpost submitted to Robson Crim on November 21st, 2016. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to the Global Justice Blog on October 20th, 2016. The Global Justice Blog is o... more Blogpost submitted to the Global Justice Blog on October 20th, 2016. The Global Justice Blog is operated by the Global Justice Academy, located at the University of Edinburgh. For more information, please visit: http://www.globaljusticeacademy.ed.ac.uk/.

Blogpost submitted to Robson Crim on September 27th, 2016. Robson Crim is a criminal legal blog (... more Blogpost submitted to Robson Crim on September 27th, 2016. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on September 20th, 2016. Robson Crim is a criminal legal blog (... more Blogpost submitted to Robson Crim on September 20th, 2016. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

Blogpost submitted to Robson Crim on September 9th, 2016. Robson Crim is a criminal legal blog ('... more Blogpost submitted to Robson Crim on September 9th, 2016. Robson Crim is a criminal legal blog ('blawg'). Located at Robson Hall Law School in Winnipeg, Canada, this exciting blawg is dedicated to research in criminal law and criminal justice, both in Canada and around the world. For more information, visit http://robsoncrim.com.

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

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

by Richard Jochelson, Lisa A. Silver, ruby dhand, HYGIEA CASIANO, James Gacek, Adelina Iftene, Robson Crim, Hadar Aviram, Darcy MacPherson, CHRISTOPHER LUTES, BRAYDEN MCDONALD, Kathleen Kerr-Donohue, and Rebecca Jaremko Bromwich

Manitoba Law Journal Criminal Law Edition, 2020

Volume 43(4) is divided into three sections. The first section is entitled International Contri... more Volume 43(4) is divided into three sections. The first section is entitled International Contributions and highlights the work of two leading international scholars. The second thematic section is entitled Current Issues in Criminal Law and delves into issues as diverse as the use of victim impact statements and the Mr. Big investigatory process. The third and final section is a stand-alone Year in Review in which we present a paper summarizing the most recent Supreme Court of Canada and Manitoba Court of Appeal cases.

CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE

2019 Volume 42(3), 2019, 2019

Demeter Press, 2020

Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist ... more Does Canada need any more collections about legal regulation of sex and sexuality? Volumes exist dealing with sex work and pornographies. Certainly, volumes abound dealing with emerging sexualities in Canada and new sexual freedoms. This book seeks to do more than tell a story of broad generalities about the law. It forges the links between the history of law and modern iterations of judgments pertaining to that law. Hence the uncomfortable line between Victorian morality (often) and modern regulation, is thematically explored through the book. More modern iterations of sexual regulation in Canada are being deployed and, in this book, the authors explore the interplay between emerging digital technologies and legal regulation. Newer laws in Canada have been drafted to recognize that sexual expression can be a means of violence inherently, and thus an exploration of modern sexual digital expression and its emerging jurisprudence represent a new frontier in the regulation of sex and sexuality in Canada. We explore how legal regulation has responded to these new crimes.

This collection is founded upon the editors’ joint experiences in teaching in law and society programs in Canada. The authors have witnessed cobbled together curriculums which rely upon a potpourri of sources from law, criminology, criminal justice and law and society disciplines. There exists a growing interest from university students and legal scholars alike for a reader in the context of law reform and legal change in respect of sexual politics and movements in Canada, especially in the context of more modern iterations of crime and sexual politics. Furthermore, while this collection is intended to be educational in the main, it will foster broader discussions in the context of legal regulation of sex and sexuality in Canadian jurisprudence.”

https://demeterpress.org/books/sexual-regulation-and-the-law-a-canadian-perspective/

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.

Green Criminology and the Law, 2020

We are in discussions to publish this volume with Palgrave MacMillan in the Green Criminology Ser... more We are in discussions to publish this volume with Palgrave MacMillan in the Green Criminology Series. We have several other alternate publishing venues that are possible. A final venue will be determined on the basis of the quality and quantity of submissions we receive. Theme Since its initial proposal in the 1990s, green criminology has focused the criminological gaze on a wide array of harms and crimes affecting humans, animals other than humans, ecological systems, and the planet as a whole. As a continuously blossoming field of criminological inquiry, green criminology recognizes and examines behaviours that are both illegal and legal (yet detrimental), and in varying ways has made great efforts to provide insight into harms in a more fulsome manner. At the same time, there have been many significant legal instances, domestic, and international, including case law, legislation, regulation, treaties, agreements and executive directives which have troubled the law's understanding of green harms, illegal and legal activity, pushing legal boundaries in the process. There is a role for persistent rigorous intellectual inquiry explicating the nexus of and interstitial spaces between green criminology as an academic conception and the law as a normative and social construct. While publications focusing upon green criminology and its connections to harm and justice persist in the literature, our proposal is grounded in a green criminological approach to understanding whether the law, both in effect and discursive implications (including pluralistic of instantiations), reflects, refracts, or sublimates the social, political and ecological conditions of our times. Moreover, as educators, the significance of these contact points between green criminology and law may have profound knowledge mobilization impacts that present an opportunity to laminate new ways of delivering education upon conventional pedagogical practices and methods of learning and knowing in higher educational settings. Given the multitudes of criminal and regulatory regimes including domestic and international implications, environmental crises and the emerging field of socio-legal animal studies, the proposed collection seeks to highlight the complex relationship between green criminology and law. We call for papers internationally to critically reflect on the green criminology-law nexus, broadly conceived. We ask prospective authors to also consider how research and/or the teaching of law may give prominence to green criminological principles in order to foster reasoned and empathetic legal reforms and socio-legal transformation. We also ask prospective authors to consider analyzing how using law in research and/or teaching green criminology expands the latitudes and longitudes of the discipline. We encourage reflections on including, but not limited to: