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Actived: 7 days ago
Cree Law and the Duty to Assist in the Present Day by
(6 days ago) Cree Law and the Duty to Assist in the Present Day by Professor DAVID MILWARD. The world's first ever joint degree in both common law and Indigenous legal orders is now in its second year of operation at the University of Victoria Law School. It is a four-year law degree program where students take early year transsystemic law courses that
A Purposive Interpretation of Criminal Law: The Case of
(9 days ago) A Purposive Interpretation of Criminal Law: The Case of the Speluncean Explorers. Lon L. Fuller’s puzzle of legal philosophy, The Case of the Speluncean Explorers, is meant to highlight the varied schools of thought on statutory interpretation. In the story, set in the fictional jurisdiction of Newgarth in the year 4300, a group of five so
Manitoba Law Journal 40(3) Criminal Law Edition Robson
(2 days ago) MANITOBA LAW JOURNAL|VOLUME 40 ISSUE 3 2017. Edited by RICHARD JOCHELSON, AMAR KHODAY, AND DAVID IRELAND Information for Contributors Publication Information Call for Papers Table of Contents Robson Crim: A Vision for Multivalent Interrogations of Criminal Law. RICHARD JOCHELSON, AMAR KHODAY, AND DAVID IRELAND . State Abuses and the Criminal
FICTION vs. FACT: Real Law in To Kill a Mockingbird
(9 days ago) Unfortunately, though, if the “real world law”2 were superimposed over the fascinating court scenes, the modified movie would be much less compelling and even a bit dull. Thank goodness that creative licence is taken to keep the court room scenes as thrilling as they would otherwise not be. Take for example, the movie To Kill a Mockingbird.3
The New Sex Work Laws may be Harmful, but are they
(4 days ago) The following is an overview of two polarizing academic points of view. On the one hand, you have a piece by University of Toronto law professor Hamish Stewart who argues that the purpose of the PCEPA is both to discourage sex work while at the same time improving sex workers’ safety.3 Although he would find that these two purposes would be constitutional on their own, when combined, …
R v Magoon, and the rules of appeal
(6 days ago) There are many principles and customs that impact the courts in Canada. One such principle is to provide a high degree of deference to the trial judge, that is, the judge that hears the actual evidence and renders the initial decision. It is a general principle of justice to assume that the trial judge “got it right”. However, Canada also highly values fairness in the justice system, and
Legitimizing False Confessions In Popular
(7 days ago) An episode of Law and Order: Special Victims Unit (SVU) entitled the "Depravity Standard" (Season 17, Episode 9) illustrates this and other associated problems (presently available on Netflix). SVU is a fictional television show highlighting the work of police officers and prosecuting attorneys as they investigate and prosecute, respectively
Prostitution and Feminism: The
(8 days ago) The criminal justice system in Canada is a very complex system, whose features and characteristics are commonly the centre of very heated debates. One very passionate issue in Canada is prostitution and the laws that prohibit it. This subject can be interpreted from many different perspectives. This discussion will briefly review the laws in Canada that prohibit prostitution, followed by an
Clearly a Drunk Can Consent
(9 days ago) the judge erred in law in his interpretation and application of the test for capacity to consent. the judge erred in law by failing to direct himself on the provisions of section 273.1 of the criminal code. the judge erred in law by failing to determine whether the accused had taken all reasonable steps to ascertain that the complainant was
Cree Law and the Duty to Assist in the Present Day
(9 days ago) Cree Law and the Duty to Assist in the Present Day. Dr. David Milward has written a compelling and controversial paper about Cree Law and social responsibility that we would like to highlight from the latest Manitoba Law Journal. He writes that the "article is the first attempt to engage with [this] particular stream of scholarship."
CALL FOR PAPERS: Closes February 1, 2021
(7 days ago) 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.
Does the proposed Manitoba distracted driving legislation
(8 days ago) However, the new law gives such a high degree of discretion to peace officers, that it has the potential to infringe Manitobans’ s. 11(d) Charter rights. Automatic licence suspension is a fairly serious penalty that, so far, has been reserved for markedly dangerous driving offences, including driving while intoxicated.
Should stealing food to survive be
(8 days ago) A precisely drafted law could ensure mercy is part of the criminal justice system. The case is even more compelling when once considers the vulnerable groups that are most susceptible to poverty and hunger such as persons with disabilities, single parents, the elderly, youth, and racialized persons.
ARSENEAULT: TRIAL FAIRNESS AND THE
(6 days ago) In an ideal world, the jury in a criminal trial has a plethora of evidence on which to decide whether to convict or acquit the accused. However, in some cases the only evidence presented to a jury is the eyewitness identification of the accused by a single witness. A case based entirely on the eyewitness testimony of a single witness raises inherent issues with trial fairness and proving guilt
About Robson Crim Canada's Criminal Law Blog
(2 days ago) He is a former law clerk who served his articling year at the Alberta Court of Appeal and Court of Queen’s Bench, before working at one of Canada’s largest law firms. He worked for ten years teaching criminal and constitutional law at another Canadian university prior to joining Robson Hall.
Canada versus the USA: a 5 round bout for
(3 days ago) PRE-FIGHT As an American-turned-Canadian, I still find myself adjusting to the differences in culture, particularly now that I’m a law student in the latter. All the law that I had absorbed over the years thanks to John Grisham and Aaron Sorkin has alas fallen by the wayside. But just because my earlier exposure to American law laid the foundation for where I am today, doesn’t mean that my
S. 43 of the Criminal Code: Time to Get Rid of Child Spanking
(9 days ago) Over 40 countries around the world, including Sweden and New Zealand, have banned spanking. 6 Canada is one of 140 signatories to the Convention on the Rights of the Child, where article 19 suggests that spanking should not be a permissible law.7 Canada signed the Convention in 1990 and has yet to put article 19 into action.8 In addition, one
"The Law Professor
(6 days ago) The present blawg will review one such novel which might appeal to the legally inclined. The Law Professor- Wilful Blindness, by Lee Stuesser (Tellwell Books), follows law professor Andrew Sturgis as he tries to uncover the cause of a law student’s shocking and untimely suicide. Robson Hall alumni might recall Lee Stuesser, as he was once a member of our school’s faculty.
Expert Qualification and Reliability of the Expert Opinion
(Just Now) Generally, the case is valuable to the law surrounding qualification of an expert as it illustrates the proper way to apply the Abbey framework to a set of facts. The decision further highlights the necessity of the Abbey framework, by demonstrating that where the Abbey framework was misapplied, an otherwise qualified expert with probative
Pigeon or Phoenix
(9 days ago) Leading a 5-2-2 majority, Abella J declared international law a “phoenix that rose from the ashes of World War II and declared global war on human rights abuses”.  In doing so, the SCC greenlit three refugees and former mine workers to bring tort claims before Canadian courts against Nevsun Resources Ltd. (Nevsun Ltd.) who were seeking
Coercive Control: Should Canada Do
(5 days ago) In 2015, England began criminalizing a new form of domestic abuse: coercive and controlling behaviour. The criminal offence of coercive control was introduced in England as another means of protecting individuals from intimate partner violence. Coercive control refers to a purposeful pattern of behavior used to intimidate, control and instil fear in an intimate relationship.
Diversion in the Criminal Justice
(4 days ago) The goal of many who face a criminal charge is to escape without a criminal conviction. When charged with a criminal offence, it is easy to get caught up in the immediate consequences, and not consider the future repercussions of one’s decisions. This short-term focus is often apparent during a guilty plea, where an accused opts to plead guilty early in a proceeding with an expectation that
Honest but Mistaken Eyewitness
(8 days ago) The honest but mistaken identification of a person as a criminal has been proven to pose a notable risk in causing wrongful convictions. The Supreme Court of Canada has described the unique danger of eyewitness identification in being “that it is deceptively credible, largely because it is honest and sincere.”  Dr. Elizabeth Loftus, a cognitive psychologist specialized in eyewitness
Assessing Trigger Warnings, Evaluative
(7 days ago) Reconsidering Legal Pedagogy: Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Modern Law School Curricula Manitoba Law Journal has just released this fascinating study of Manitoba law school student experiences from before the Pandemic. See the abstract below and click on it to read the full piece:
Juries: Is it Time to Say Goodbye
(1 days ago) This podcast focuses on real crimes within the realm of domestic and sexual violence. One of the podcast’s hosts, Jim Clemente, is a former New York City prosecutor and retired FBI profiler. He holds a strong opinion that juries are putting a strain on the judicial system because they are made up of a group of individuals unfamiliar with the law.
Ten Years After the Nunn Commission Report
(2 days ago) At the time of the Nunn report in 2006 and the amendments to youth criminal justice law it precipitated, the consequences of law reform to adolescent girls were sidelined in, if not totally absent from, policy discussion. Gender diversity, as well as race, did …
The Mens Rea Defence – R. v. Zora
(4 days ago) Background Mens rea is latin for “guilty mind” and in criminal law, refers to the frame of mind an individual was in before committing a crime. 1 When evaluating mens rea, courts define it in one of two ways; subjective mens rea and objective mens rea. Subjective mens rea is when the accused had reasonable foresight in to the ramifications of their actions (i.e. they “[intend], [know] or
Mental Health Discrimination and Public Security
(3 days ago) Christopher’s Law required G to register as a sex offender and complete annual reports for the rest of his life.G’s name would never be removed from the register even after his death. The register is intended to facilitate prevention of sexual offences by …
Cyber-Bullying & Law Reform: Rights versus Harms on Trial
(4 days ago) One of the great struggles faced by legal systems world-wide is keeping pace with technological change. Inevitably, with each advancement, people find new ways to misbehave, and the law must evolve to accommodate these developments. Sometimes, in attempting to do so, legislatures miss the mark. Such was the case with Nova Scotia’s Cyber-Safety Act,1 which attempted to target …
Book Review of Manitoba Law Journal, 2018 Vol 41(4) on
(4 days ago) Book Review of Manitoba Law Journal, 2018 Vol 41 (4) on Criminal Law. With the release of another special issue of the Manitoba Law Journal [the Journal], it seemed appropriate to do another review. In my review of the previous issu e, I spent some time discussing the importance of such publications, and their value to the legal field as a whole.
Eeny, Meeny, Miny, Moe: The
(6 days ago) Topic Overview As an accused, choosing whether to elect the criminal law defense of necessity, duress, or self defence has been somewhat of a crapshoot over the last 53 years. With five major changes to the defenses since the 1960s electing a defense has been akin to a game of russian roulette insofar as one loads up a defense, spins the chamber at trial, and hopes their shot at acquittal …
The Degree to which Victim Impact
(7 days ago) The 2001 case of R v Labbe outlines the two essential purposes of victim impact statements. The first is so that the court “is more aware of the harm done” to assist in determining the sentence’s gravity.6 The second is to assure victims that they are “not irrelevant and forgotten”.7 Justice Bouck in this case considers the two part test, and states that the “law ought not to
Manitoba's Civil Forfeiture Regime: Windfalls and Justice
(2 days ago) Since the beginning of the War on Drugs, civil forfeiture laws have spread across not only the United States, but many countries around the world. In recent years, increasing attention has turned to the spread and operation of civil forfeiture in Canada. Starting with Ontario in 2001, civil forfeiture legislation has been passed in eight provinces to date, including Manitoba with the passing
Criminal Law During (and After) COVID-19 by TERRY SKOLNIK
(4 days ago) This important paper considers criminal law practice during the pandemic. As the author writes: "In response to the COVID-19 pandemic, governments across the globe are implementing drastic physical distancing measures with wide-ranging implications. Courts are increasingly confronted with novel pandemic-related issues that are significantly altering the criminal justice system.
The Presumption of “Care or Control”
(7 days ago) Criminal law is public law, and it serves all Canadians for crimes committed against them. In Whyte , the focus of the Court’s section 1 analysis, which justified infringing the accused’s rights under section 11(d) of the Charter , centred heavily around the serious issue of impaired driving.
Abolition of Peremptory Challenges: A Step Towards
(4 days ago) The abolition of peremptory challenges is a positive step in the reconciliation process, and in the preservation of the reputation of the justice system as a whole. The practice is problematic for many reasons, most notably for the continuation of systemic discriminatory exclusion of minority populations on criminal juries.
R v Turpin: Revising Admissibility of Expert Opinion
(6 days ago) R v Turpin: Revising the Law Surrounding the Admissibility of Expert Opinion Evidence in New Brunswick by Weston McArthur In the Ontario Court of Appeal’s 2017 decision in R v Abbey, the court articulated the test for the admissibility of expert opinion evidence. First, the evidence must be “relevant,” “necessary to assist the trier of fact,” “not be subject to any exclusionary
Clarifying Laws of Sexually Transmitted and Blood Borne
(1 days ago) Criminal law has a storied history with the bedrooms of Canadians. Sexual assault is an incredibly complex topic both in a formalistic legal sense and in the practical application of precedents. Moreover, the applications and interpretations of Criminal Code provisions around sexual assault are ever-evolving. Sexually transmitted and blood borne infections (“STBBI”) have an interesting
Manitoba Law Journal 41(3) Criminal Law Edition Robson
(9 days ago) MANITOBA LAW JOURNAL|VOLUME 41 ISSUE 3 2018 Edited by RICHARD JOCHELSON, AMAR KHODAY, AND DAVID IRELAND Information for Contributors Publication Information Call for Papers Table of Contents Towards a Crim Community – Here We Go Again. ANNA TOURTCHANINOVA AND BRENDAN ROZIERE . Investigations, Evidence, and Emerging Legal Tests
The Dangers of a Punitive Approach
(1 days ago) An analysis of case law demonstrates that the current legislative regime for victim impact statements has the potential not only to cause further harm to victims, but also to unnecessarily increase the severity of sentences at a time in which courts are struggling to resist an increasingly punitive sentencing regime." Tags: victim
Ontario (Attorney General) v. G
(9 days ago) Ontario (Attorney General) v. G Introduction Recently, in the case of Ontario (Attorney General) v. G 1 the Supreme Court was tasked with determining the constitutionality of Christopher’s Law 2 which is responsible for establishing Ontario’s sex offender registry. One of the two main issues in this case, and the one I will be focusing on here, is whether the rules laid out in Christopher
Public Intoxication in Manitoba: Should the IPDA Suspend
(Just Now) It is well known that in the Charter-criminal law context, a lawful detention can be found to be arbitrary if the law authorizing the detention is arbitrary.7 Arbitrariness can be found if there are no criteria, express or implied, which govern its exercise.8 In circumstances where officers are making an arrest pursuant to the IPDA, they have the ultimate discretion in deciding who has reached
Securing the Holy City: Racialized Search Practices and
(1 days ago) Jerusalem, Israel. Home to the most religiously significant sites for three of the world’s major religions: Islam, Judaism, and Christianity. The Holy City is also home to Amendment No. 5 to the Power for Maintaining Public Security Law, a controversial stop and frisk law that could increase racial bias in policing by removing the reasonable suspicion required for a body search in certain
Privacy Rights in the Digital Age
(9 days ago) It is widely appreciated that law must be interpreted within its social context. Currently, our social context is defined by the Digital Age in which large amounts of information can be exchanged across a wide audience through various technologies. Though the impact of the Digital Age is wide in scope, the following analysis is limited to how it has reshaped individual privacy within Canada
Self-induced intoxication and automatism
(7 days ago) Self-induced intoxication and automatism - blawger. In R v Stone (“Stone”), automatism is defined as “a state of impaired consciousness, rather than unconsciousness, in which an individual though capable of action, has no voluntary control over that action”. The defence of automatism can be used to negate a crime as long as the accused