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MANITOBA LAW JOURNAL|VOLUME 42 ISSUE 4 2019

 

Edited by RICHARD JOCHELSON, DAVID IRELAND AND REBECCA BROMWICH

Cover

Information for Contributors

Publication Information

Call for Papers

Table of Contents

Towards Dialogue in the Crim Disciplines

DAVID IRELAND AND RICHARD JOCHELSON

Reflections on Evidence

1 What’s Left of Marital Harmony in the Criminal Courts? The Marital Communications Privilege After the Demise of the Spousal Incompetence Rule
HEATHER CAVE AND PETER SANKOFF

21 The Biases of Experts: An Empirical Analysis of Expert Witness Challenges

JASON M. CHIN, MICHAEL LUTSKY AND ITIEL E. DROR

69 Persistence and Variability of DNA: Penile Washings and Intimate Bodily Examinations in Sex-Related Offences
JOHN W. BURCHILL

87 Lost in Translation? The Difference Between the Hearsay Rule’s Historical Rationale and Practical Application
CHRISTOPHER SEWRATTAN (FROM THE PRACTITIONER’S DESK)

Critical Issues in National Security

131 Threading the Needle: Structural Reform & Canada’s Intelligence-to- Evidence Dilemma

CRAIG FORCESE (FEATURED ARTICLE)

 

189 Canadian National Security in Cyberspace: The Legal Implications of the Communications Security Establishment’s Current and Future Role as Canada’s Lead Technical Cybersecurity and Cyber Intelligence Agency

NICHOLAS ROSATI (CRITICAL COMMENTARY)

 

Critical Approaches to Evidence and Knowledge

207 Over-Indebted Criminals in Canada
STEPHANIE BEN-ISHAI AND ARASH NAYERAHMADI

241 Theorizing Anxiety and its Relation to Fear (of Crime): An Heideggerian Inspired Polemic

PRASHAN RANASINGHE

265 Cross-Over Youth and Youth Criminal Justice Act Evidence Law: Discourse Analysis and Reasons for Law Reform
REBECCA JAREMKO BROMWICH

291 Jeremy Bentham and Canadian Evidence Law: The Utilitarian Perspective on Mistrial Applications

ALANAH JOSEY

Animal Rights: Legal and Socio-Legal Approaches

315 Confronting Animal Cruelty: Understanding Evidence of Harm Towards Animals

JAMES GACEK

343 The Constitutional Elephant in the Room: Section 8 Charter Issues with The Animal Care Act

RYAN ZIEGLER