Themanitobalawjournal.com

Volumes – The Manitoba Law Journal

The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Actived: 2 days ago

URL: https://themanitobalawjournal.com/volumes/

Special Issues – The Manitoba Law Journal

(9 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

Authors – The Manitoba Law Journal

(2 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

The Changing Legal Landscape – The Manitoba Law Journal

(9 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

Cree Law and the Duty to Assist in the Present Day

(5 days ago) The common law does not impose a general duty to help others, but instead only requires assistance when there is a specific legal (not moral) duty to do so. The reasons for this preference include, but are not limited to, a hesitancy to force citizens to take the risks of potentially dangerous

Category:  Laws Go Now

The Modern Laws of Both Tort and Contract: Fourteenth

(5 days ago) The modern law of tort and contract * This is a revised version of a talk given as the sixth annual DeLloyd J. Guth Visiting Lecture in Legal History on 17 September 2015. I would like to thank the Faculty of Law for inviting me, both faculty and students for the stimulating discussion afterwards, and everyone for a very pleasant couple of days

Category:  Laws Go Now

Reforming and Resisting Criminal Law: Criminal Justice and

(Just Now) Prosecutorial Stays, David Milgaard, Law Reform,- Critical Legal Pluralism. * Kent Roach, C.M., F.R.S.C. is the Prichard-Wilson Chair of Law and Public Policy and Professor of Law at the University of Toronto Faculty of Law. Professor Roach has been editor-in-chief of the Criminal Law Quarterly since 1998. He is also the author of

Category:  University Go Now

Table 1: Law Journal Google Scholar Rankings

(9 days ago) Table 1: Law Journal Google Scholar Rankings Law Journal h5 -index h5 -median Canadian Journal of Criminology and Criminal Justice 12 21 University of Toronto Law Journal 10 15 Ocean Yearbook 7 12 Dalhousie Law Journal 6 11 Journal of Politics and Law 9 11

Category:  University Go Now

THE 1950S LAW SCHOOL EXPERIENCE

(9 days ago) Law School in 1947, and joined Aikins Law in 1964. He was appointed an Officer of the Order of Canada, and served as President of both the Manitoba and Canadian Bar Associations. 2 Graeme T. Haig (August 7, 1923-December 15, 1993) graduated with an LL.B from the Manitoba Law School and was called to the Manitoba Bar in 1949. He served as

Category:  Laws Go Now

Wiretapping Smart Phones With Rotary–Dial Phones’ Law: …

(5 days ago) Rotary–Dial Phones’ Law: How Canada’s Wiretap Law is in Desperate Need of Updating . A N N E T U R N E R * “ The task of adapting laws that were a product of the 1970s to a world of smartphones and social networks is a challenging and profoundly important one. ” Justice Moldaver, R. v. Telus Communications Co. I. INTRODUCTION

Category:  Laws Go Now

Folk Hero or Legal Pariah

(4 days ago) him in breaking the law.”11 As a further indication of how he viewed his actions, Schmidt named his website “Charter Defence”.12 5 Schmidt FC, supra note 3 at para 5. 6 Ibid at para 14. 7 See e.g. Sean Fine, “Lawyer takes on Justice Department”, The Globe and Mail (21 September 2015) A4 [Fine].

Category:  Lawyer Go Now

Does the Attorney General have a duty to defend her

(6 days ago) the Attorney General would defend the law.20 She nonetheless stated that “[i]t is an important fundamental principle that a sovereign Parliament that has enacted a law is due its day in court” and that “[i]t is thus not unusual for the department and the Attorney General to be in a situation

Category:  Laws Go Now

Challenging Infanticide: Why Section 233 of Canada’s

(8 days ago) * Scott Mair is a Licensed Paralegal with the Law Society of Ontario and has a minor in law from Carleton University. The views expressed in this article are his own and not those of the Law Society of Ontario.

Category:  University Go Now

The Mens Rea of Sexual Assault: How Jury Instructions are

(8 days ago) While the law surrounding sexual assault changed significantly over 25 years ago, the standard jury instruction for the offence has not changed.2 A recent Alberta Court of Appeal decision, R v Barton,3 called for a review of 1 In Ontario, at least, the collection published by Justice Watt is likely the most

Category:  Laws Go Now

Robson Crim – The Manitoba Law Journal

(6 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

Supreme Court Citations – The Manitoba Law Journal

(8 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

Bill 5: The Mental Health Amendment and Personal Health

(3 days ago) Bill 5 represents a substantial shift in medical privacy law in Manitoba, and to date the depth of discussions in the Legislative Assembly have not reflected this. There has been no discussion on how the new legislation would function in contexts other than informing family members that vulnerable individuals will be discharged.

Category:  Family Go Now

Statutory Interpretation- Then and Now

(1 days ago) canon law and general custom, it governed legal education and shaped legal practice in courts throughout Western Europe before the era of Codification.6 It was the ius commune that furnished the basic source of law in courts and in university law faculties throughout most of Europe,

Category:  Education,  University Go Now

Submissions – The Manitoba Law Journal

(6 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

The Unclear Picture of Social Media Evidence

(4 days ago) * Lisa is an Assistant Professor at the University of Calgary, Faculty of Law. Many thanks to Rosaleen Murphy, Research Assistant, for her work and feedback on this project. 1 Michael T Clanchy, From Memory to Written Record: England 1066-1307 (Hoboken: John

Category:  University Go Now

Making Numbers Count: An Empirical Analysis of “Judicial

(7 days ago) Analysis; Comparative Constitutional Law; 9/11; Judicial Behaviour. The doctrine of precedent is a safeguard against arbitrary, whimsical, capricious, unpredictable and autocratic decision-making. It is of vital constitutional importance. It prevents the citizen from being at the mercy of an individual mind uncontrolled by due process of law.1

Category:  Laws Go Now

SSHRC Recognition – The Manitoba Law Journal

(2 days ago) The Manitoba Law Journal (MLJ). An open-access and peer reviewed journal about law in Manitoba and beyond. The MLJ is a canadian law journal specializing in indigenous law, criminal law, Manitoba legal history, indigenous oral history, legislation, public policy, legal practice, and the legal profession with special volumes including Underneath Golden Boy and RobsonCrim.

Category:  Laws Go Now

Hugh Amos Robson: Lawyer, Judge, Founder of the Manitoba

(5 days ago) founding of the Manitoba Law School. The School, now the Faculty of Law at the University of Manitoba, was founded on September 15, 1914 as the result of the efforts of Chief Justice Robson. Robson was asked by the Benchers of the Manitoba Law Society in 1913 to negotiate an agreement with the

Category:  University Go Now

Remedying the Remedy: Bedford’s Suspended Declaration of

(3 days ago) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.7 Plus, invalidating unconstitutional legislation is more than just a reasonable expectation of the citizenry.

Category:  Laws Go Now

Response to Consultation Paper on Franchise Law

(9 days ago) he following is a response to the Manitoba Law Reform Commission's Franchise Law Consultation Paper published in May, 2007. The "Paper,. addresses the question of whether Manitoba needs franchise legislation . and provides a review of the state of franchise law in …

Category:  Laws Go Now

IT’S HERE, BUT IT WAS NEVER “BROUGHT INTO THE …

(2 days ago) 346 MANITOBA LAW JOURNAL | VOLUME 41 ISSUE 1 there,10 spending the majority of his time there,11 and maintaining his Alberta driver's license.12 However, the vehicle which was the subject- matter of the dispute here remained, throughout the relevant period, in Ontario.13 Mr. Hughes was subsequently adjudged bankrupt. However, the exact date of the bankruptcy was unclear. 14 The …

Category:  Bank Go Now

Interview with Dale Gibson

(6 days ago) (Man.), LL.B. (Man.), LL.M. (Harv.), F.R.S.C., was a Professor of Law at the Manitoba Law School and the University of Manitoba from 1959 to 1991, and a half-time Professor of Law at the University of Alberta for several years thereafter. He practiced law in Manitoba from 1959 to 1991, and in Alberta from 1991 to 2008. He has been

Category:  University Go Now

Jeremy Bentham and Canadian Evidence Law: The Utilitarian

(4 days ago) law is paramount and this requires a low threshold for admissibility.4 So long as the evidence in question is relevant, Bentham says let it in.5 While historically influential, Bentham’s radical inclusionary approach to the admissibility of evidence does not appear to reflect the current Canadian approach.

Category:  Laws Go Now

Reconsidering Legal Pedagogy: Assessing Trigger Warnings

(Just Now) Law Schools” (2011) 10:1 Seattle J for Soc Justice 11 at 16. 5 Shariff et al, supra note 2 at 308. 6 Mary Anne Bobinski, “Symbols and Substance in Curricular Reform In the United States and Canada” (12 April 2011) at 3, online (pdf): International Association of Law

Category:  Laws Go Now

Public Inquiries’ Terms of Reference: Lessons from the

(2 days ago) 322 MANITOBA LAW JOURNAL | VOLUME 41 ISSUE 1 procedural fairness,20 such as not giving an affected party adequate notice.21 The flip side of this coin is that an inquiry may be particularly successful due to characteristics of a particular commissioner. Indeed, though I use the “Walkerton Inquiry” as one of my examples of a

Category:  Laws Go Now

From Attorney General to Backbencher or Opposition

(5 days ago) the chief law officer of the Crown.7 As such, assuming she is a lawyer,8 she 6 Hansard, ibid at 278 (Andrew Swan) [emphasis added]. Cited but not quoted in Martin, “Unworkable”, supra note 1 …

Category:  Lawyer Go Now

Reclaiming Prima Facie Exclusionary Rules in Canada

(3 days ago) late father-in-law, Cecil Cox, who was a great teacher and believer in learning and a proud alumnus of the University of Manitoba. 1 2009 SCC 32 [Grant]. 2 Wolf v Colorado, 338 US 25 (1949) [Wolf]; Rochin v California, 342 US 165 (1952) [Rochin]. E . Reclaiming Prima Facie Exclusionary Rules 3

Category:  University Go Now

Criminal Law During (and After) COVID-19

(5 days ago) law’s breadth, its expansion during emergencies, and the future of Canada’s criminal justice system. This article explores the impact of COVID-19 on three areas of Canadian criminal law: the scope of certain crimes, bail, and sentencing. It argues that legal responses to the …

Category:  Laws Go Now

Justice Côté in 2019: Great Dissenter, Voice of the Court

(2 days ago) the development of Canadian law in significant ways. Indeed, the Court went from refining the reasonableness standard of review (Vavilov)2 to expanding the right of expatriates to vote (Frank),3 and from discussing environmental obligations after bankruptcy (Orphan Well Association)4 to

Category:  Bank Go Now

Continuing the Conversation: Exploring Current Themes in

(4 days ago) bestiality law,3 and the British Columbia courts sentencing response to fentanyl trafficking.4 Since launching in 2016, the Robsoncrim research cluster at the Faculty of Law, University of Manitoba, has continued to develop a unique interdisciplinary platform for the advancement of research and teaching in the criminal law.

Category:  University Go Now

D O C U M E N T Memorandum on the Future Status and

(4 days ago) and Location of the Manitoba Law School C L I F F E D W A R D S **, D A L E G I B S O N *** Memorandum on the Future Status and Location of the Manitoba Law School (1966), Winnipeg, University of Manitoba Archives (Box 14 folder 6). ** Cliff Edwards, Dean of Robson Hall 1964-79. *** Dale Gibson, Robson Hall faculty, 1959-88, 1990-91.

Category:  University Go Now

Defunding and Refunding: A Harm Reduction Approach to the

(5 days ago) MANITOBA LAW JOURNAL | VOLUME 43 ISSUE 2 58 period of 1200-1750.11 The night watch system, with unhappy, unsupervised, untrained, and often drunk conscripts, underwent a series of changes during the 18th century as a response to these issues.12 Command hierarchies, wages, and record keeping were all introduced.13 In the early 1800s Robert Peel brought together the patchwork watch

Category:  Laws Go Now

Consent and the Constitution

(3 days ago) challenges relating to the role of consent in the criminal law have dovetailed into arguments about instrumental rationality,10 full answer and defence,11 absolute liability,12 and equality.13 The lack of engagement with the constitutional rationale underlying the consent principle likely arises from its underdevelopment in Canadian law.

Category:  Laws Go Now

Modern Legal Education: Towards Practice-Ready Attitudes

(9 days ago) A law degree is more than simply a collection of courses and extra-curricular experiences. The degree should include a balance of subject knowledge, legal expertise, and skills-based experiential learning opportunities. It must develop an understanding of the overarching legal system and how to approach and apply legal principles within

Category:  Laws Go Now

Farm Debt Compromises during the Great Depression: An

(9 days ago) federal law designed to help address the farm debt crisis. I. INTRODUCTION This article presents the results of an empirical study of applications made under the Farmers’ Creditors Arrangement Act1 (FCAA) in Morden and Brandon, Manitoba in the 1930s and 1940s. The FCAA was one of several

Category:  Study Go Now

Robson Crim: A Vision for Multivalent Interrogations of

(9 days ago) MANITOBA LAW JOURNAL|VOLUME 40 ISSUE 3 ii substantive criminal law and the definition of crimes, to considering quasi criminal matters, the MLJ has a history of fostering criminal law scholarship in its generalist issues.1 However, this is the first time that the MLJ has published a special edition on criminal law under the guidance of Robson

Category:  Laws Go Now

Tale of the Tape Policing Surreptitious Recordings in the

(9 days ago) MANITOBA LAW JOURNAL|VOLUME 40 ISSUE 3 248 magazines or other forms of media.2 Warren and Brandeis argued that the right to privacy was the right of each individual to exercise some control over information recorded about them by others which both reflected and

Category:  Laws Go Now

Two “White” Perspectives on Indigenous Resistance: Emily

(4 days ago) Question” in Foster, Berger & Buck, eds, The Grand Experiment: Law & Legal Culture in British Settler Societies (Vancouver: UBC Press, 2008) at 240-267 [Foster & Berger, “From Humble Prayers to Legal Demands”]. The Cowichan Petition is reproduced in The Grand Experiment at 261-67 and the Nisga’a Petition is reproduced in Foster,

Category:  Laws Go Now

A Horse Gallops Down a Street

(9 days ago) A Horse Gallops Down a Street 165 legality”, is founded on the common law tradition that Parliament speaks clearly when licensing an invasion of individual liberties.12 The Charter, Stribopoulos continued, should not be used to authorize government action, but rather to constrain it.

Category:  Laws Go Now

Scandal, the Law and the Press: Attacking Immorality in

(4 days ago) 97Scandal, the Law and the Press election in Westminster…”8 or astonished with further tales of the famous Hannah Snell, “whose suprizing adventures…have been the admiration of the publick…”9 What is clear is that in its earliest and most inclusive definition, “the public” meant the collective body of newspaper readers.10

Category:  Laws Go Now

Threading the Needle: Structural Reform & Canada’s

(6 days ago) terrorism law and policy,5 and compared it to the tail that wags Canada’s domestic anti-terrorism dog. It drives a siloing between police and CSIS, and silos are anathema in a dynamic security environment. The most obvious disaster stemming from siloing would be a terrorist outrage that

Category:  Laws Go Now

The Biases of Experts: An Empirical Analysis of Expert

(3 days ago) In law, many wrongful accusations and convictions have been attributed to biased expert judgments (we will parse the term “bias” in Part II).3 In this vein, a great deal of recent research in the field of psychology and law has 1 Marcus Munafò et al, “A Manifesto for Reproducible Science” (2017) 1:1 Nature

Category:  Usa Go Now

Canadian National Security in Cyberspace: The Legal

(5 days ago) * Nicholas Rosati is a JD student at the Peter A. Allard School of Law at the University of British Columbia. In law school, he competed in the Jessup International Law Moot Court Competition. Upon graduation, he will clerk at the Supreme Court of British Columbia before articling at a full-service firm in Vancouver. He thanks his reviewers

Category:  University Go Now