CALL FOR PAPERS: Robson Crim’s Annual Special Issue on Criminal Law
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. Since 2016 we began publishing 2-4 volumes annually of this specialized criminal law volume. We publish through Manitoba Law Journal which is one of Canada’s oldest law journals having a history that traces back over
The Ancillary Powers Doctrine and the Necessity of the Legislature - Matt Reimer
It does not take a criminal law expert to know that police and judges must make difficult decisions. They are the ones who have to deal with some of the most inherent wrongs that individuals in society have to offer. In the case of a police officer, sometimes a snap decision must be made to keep people safe, however unfortunate it may appear in hindsight. Sometimes these decisions are challenged in court where judges may have to make unpopular or seemingly counterintuitive de
Contemporary Examples of Charter Infringement Justification - Mitchell McInnis
The following blog will first describe the Oakes test used by Canadian courts to justify an infringement. Afterwards, two examples involving the Oakes test will be discussed. First, a recent case from the Manitoba Court of Queen’s Bench involving the justification of a Charter infringement in the criminal context. Second, a potential contemporary violation of the Charter relating to the COVID-19 pandemic; there exist arguments for and against taxing unvaccinated Canadians.
Young Offenders and the Automatic Right to Appeal to the SCC - A.T.
Is section 37(10) of the Youth Criminal Justice Act (YCJA) constitutional? The following blog will discuss the decision of R. v. C.P. as it relates to the constitutionality of section 37(10) of the YCJA.
Exigence - How Roaches Led to Clarity in the Paterson case
In an interesting development on March 17, 2017, the Supreme Court of Canada released its decision in R. v. Paterson, 2017 SCC 15. The...
