Robson Crim: A Vision for Multivalent Interrogations of Criminal Law (original) (raw)

Manitoba Law Journal, Criminal Law Edition (Robson Crim, MLJ 40(3) 2017)

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.

Manitoba Law Journal Volume 43(3) 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: 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 and Robson Crim Call for Papers: Due Feb 1 2019

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.

Manitoba Law Journal Criminal Law Edition (Robson Crim) 41(3) 2018

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.

Recent Developments in Canadian Criminal Law (2011)

Criminal Law Journal, 2011

This year's review canvasses and analyses a number of substantive, procedural and evidentiary developments in Canadian criminal law. The substantive law topics include recent jurisprudence concerning whether transferred intent applies to attempts; causal liability for the death of innocent victims in gang shoot-outs; the extent to which acts of aiding and abetting must be causally connected to the commission of the principal offence; whether consent to sexual practices involving bodily harm is null and void; whether failure to disclose HIV-positive status before engaging in protected sex constitutes fraud vitiating consent; whether a person can give advance consent to sexual acts performed on them while unconscious; and re-examination of the elements of the defence of provocation. Procedural and evidentiary topics considered in this article include the new Canadian approach to the exclusion of illegally obtained evidence; developments in journalist-source privilege; the ongoing (r)evolution in the protection of a detainee's silence rights; and whether a court can refuse to allow defence counsel to withdraw for non-payment of fees.

Recent Developments in Canadian Criminal Law (2013)

Criminal Law Journal, 2013

This year's review begins by looking at two pressing issues in the Canadian law of sentencing: mandatory minimum sentences and the over-incarceration of Aboriginal offenders. Turning to developments in the substantive law, the article examines the Supreme Court of Canada's recent jurisprudence on the test for causation, looks at the current approach to defining the "ordinary person" for the purposes of the defence of provocation, and canvasses Canada's new provisions governing self-defence. Procedural and evidentiary topics considered in this article include the definition of hearsay and the status of "implied hearsay", developments in the law of informer privilege, and the Supreme Court's recent judgments on the jury selection process and the practice of juror vetting.

Recent Developments in Canadian Criminal Law (2009)

Criminal Law Journal, 2009

This year's review canvasses and analyses a number of substantive, penal, procedural, and evidentiary developments in Canadian criminal law. Substantive law and penal topics to be discussed include recent jurisprudence concerning the extent, if any, to which inchoate offences can be combined; the interpretation of the offence of obstruction of justice in the context of a police officer's exercise of his or her discretion not to charge a suspect; the extent to which there is or should be a defence of innocent possession; whether "sexsomnia" should be classified as sane or insane automatism; and the unfortunate proliferation of minimum sentences in recent years. Procedural and evidentiary topics considered include the continuing evolution of common law police powers in the context of search and seizure; developments in the right to silence; recent discussions of the reliability of expert opinion evidence; and the Supreme Court's latest word on the Canadian approach to corroboration.

Manitoba Law Journal Criminal Law Edition (Robson Crim) 41(4) 2018

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.

Manitoba Law Journal Volume 43(4) 2020

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

Manitoba Law Journal Criminal Law Edition, 2020

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