Robson Crim

R v Brown: Think Before You Get High - T Xiang

R v Brown: Think Before You Get High - Tobey Xiang Introduction Intoxication as a defence occupies a unique status in criminal law. While normal levels of intoxication induced by alcohol alone have been proven to be insufficient to place a person in a state of automatism, extreme intoxication caused by alcohol in addition to other psychoactive subst...

The Case for Expanding Section 81 Indigenous Healing Lodges in Canada - Moira Kennedy

The Case for Expanding Section 81 Indigenous Healing Lodges in Canada - Moira Kennedy Background: Healing Lodges were implemented by the Correction Service of Canada to address Indigenous over-representation in Canadian prisons. In 1989, the Task Force on Federally Sentenced Women was established, finding that Indigenous women were over-represented in federal prisons through systemic...

Wrongful Convictions: Is Canada’s Justice Broken? - Kirsten Nynych

Wrongful Convictions: Is Canada’s Justice Broken? - Kirsten Nynych Part 1: What is a wrongful conviction and how does it occur? Wrongful convictions occur when a factually innocent person is convicted of a crime they did not commit. Wrongful convictions usually result from miscarriages of justice which are mistakes or miscommunications in the justice system. A misc...

Common Law Police Powers Should Scare You - Cody Buhay

Common Law Police Powers Should Scare You - Cody Buhay Introduction Imagine one day you’re walking to campus, excited to get to class to hear another lecture on your favourite topic, federalism. Suddenly, you hear sirens coming from behind you. Before you have time to look around, a police cruiser has pulled up beside you. The officer demands that you...

It’s 2022, We Should Know What Consent Is - Maria Garcia Manzano

It’s 2022, We Should Know What Consent Is - Maria Garcia Manzano Consent appears to be a complicated subject that all levels of courts still struggle to understand.[1] The meaning of consent entails the voluntary agreement to engage in any s*xual activity. [2] However, the courts understanding of consent has been riddled with confusion since the damaging preceden...

HIV Non-disclosure and R v Murphy - Stefan Kriening

HIV Non-disclosure and R v Murphy - Stefan Kriening The issue of the criminalization of HIV non-disclosure has become a more widely discussed and debated topic since the Supreme Court of Canada’s decision in R v Mabior. It can be argued that the decision forces an overly harsh punishment for people who do not disclose their HIV status prior to inte...

MANITOBA LAW JOURNAL PREPRINTS VOLUME 46 (2023 & AFTER)

Manitoba Law Journal Preprints 2023 and after Criminal law, criminal justice and criminology peer reviewed papers in Canada. Highest ranked criminal law journal.

Forfeiture en Lieu: Making Sure Crime Does Not Pay - Brent Tichon

Forfeiture en Lieu: Making Sure Crime Does Not Pay - Brent Tichon Does crime pay? In the absence of any criminal law enforcement, it most certainly can. Theft is simply a specific mode of economic production that extracts resources from human beings using force or guile. An Attila who is good with a sword and a horse always has an incentive to simply become a high...

Do as I Say, Not as I’ve Done: The Role of Community Service in Deterrence and Denunciation

Do as I Say, Not as I’ve Done: The Role of Community Service in Deterrence and Denunciation Written by Steven Csincsa Party to the Offence: Introduction More than a few of us have been there: a party with friends, alcoholic beverages and merriment abound—maybe you’ve drank more than you should? Then again, maybe not. Hours pass, and the answer to that question becomes a resounding “y...

He Said, She Said… but Video Recording Shows: R. v. Anobis and the Case for Body Cameras in Winnipeg

He Said, She Said… but Video Recording Shows: R. v. Anobis and the Case for Body Cameras in Winnipeg Written by Nathan Dueck “This is a significant discrepancy.”[1] “Highly suspicious, convenient and almost implausible.”[2] “Simply put I cannot accept the events in those locations had transpired in the manner testified to.”[3] These are all conclusions by Manitoban provincial court judg...

The Law and HIV Non-Disclosure - Kelci Legg

The Law and HIV Non-Disclosure - Kelci Legg In theory, the criminalization of HIV non-disclosure should benefit society. It should lead to safer s*x with lower STI cases, lower stigma around being open with one’s status, and Canadians getting tested more regularly. Instead, it may do the opposite: contributing to fear, stigma, and lower tes...

Moral Considerations in Opposition to Jurisprudence - Brandon Latawiec

Moral Considerations in Opposition to Jurisprudence - Brandon Latawiec Introduction – Evolving Moral Values Criminal law generally attempts to impose societal notions of morality equally, but this process can be impeded by the legal system itself. Moral values are especially significant in criminal law, where, although the law is codified, interpretations of the code...