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MANITOBA LAW JOURNAL|VOLUME 42 ISSUE 4 2019

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Edited by RICHARD JOCHELSON, DAVID IRELAND AND REBECCA BROMWICH

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Cover

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Information for Contributors

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Publication Information

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Call for Papers

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Table of Contents

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Towards Dialogue in the Crim Disciplines

DAVID IRELAND AND RICHARD JOCHELSON

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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

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

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

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

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

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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

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

PRASHAN RANASINGHE

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

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

ALANAH JOSEY

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Animal Rights: Legal and Socio-Legal Approaches

315 Confronting Animal Cruelty: Understanding Evidence of Harm Towards Animals

JAMES GACEK

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

RYAN ZIEGLER

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