Manitoba Law Journal: Criminal Law Edition (Robson Crim)
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.
Contents:
i) 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 Quebec Inc c Directeur Des Poursuites
Criminelles et Penales
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
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