Manitoba Law Journal
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Remarks from the Retirement Gala for the Chief Justice of Manitoba, Richard J.F. Chartier
No full textRemarks from Justice Freda M. Steel at the Retirement Gala for the Chief Justice of Manitoba, Richard Chartier
Remarks from the Retirement Gala for the Chief Justice of Manitoba, Richard J.F. Chartier
No full textRemarks from Chief Judge Margaret I. Weibe
No Safeguard on Duty: Expert Evidence in Aquatic Death Cases
No full textWhen a person dies by drowning, expert opinion evidence can assist the trier of fact with understanding key issues such as the time, medical cause, and manner of death. At the same time, there are well-documented risks that triers of fact may not be properly equipped to scrutinize expert methods and qualifications, or they may give expert opinions more weight than they should. For drowning deaths, an inequality of resources between the Crown and the accused may make this specialized area inaccessible for defence counsel prior to a trial, when an accused person is faced with the decision to plead guilty. In this paper we review the scientific literature and compare it to principles that have been recognized in reported decisions on drowning deaths to see if the concepts adopted by the courts reflect established science. While most experts in our sample met standards of practice, in a limited number of cases unsound science was deemed to be admissible in the pre-trial voir dire, after which accused persons pleaded guilty. These findings shed light on a different, but just as dangerous, misuse of expert evidence as a tool to extract guilty pleas before they can be properly tested during a trial. We conclude that the current legal test does not eliminate the risks of expert opinion evidence, rather, it shifts it from the triers of fact to those accused of committing crimes, offering them insufficient protection when they are in a particularly vulnerable position. In this way, drowning deaths provide an example of the ways expert evidence can be used problematically in other factual contexts.
 
Chapter 13 “John Ellis” #2: The Last Hangman – Identity Unknown
No full textChapter 13 “John Ellis” #2: The Last Hangman – Identity Unknow
Preface and Issue Overview
No full textUnderneath the Golden Boy is the dimension of the Manitoba Law Journal that focuses on legislation, public policy, and democratic and parliamentary reform. This issue is released on the twenty-fifth anniversary of the first issue of this ongoing series
Can a Tribunal’s Former Counsel Appear Before the Tribunal? A Comment on Certain Container Chassis
No full textLawyer mobility has been recognized as an important but not determinative consideration in legal ethics, particularly when it comes to conflicts of interest. Mobility poses particular issues for counsel to a tribunal. Those counsel may well at some point leave that position and pursue other opportunities. Prospective opportunities may sometimes involve appearing as counsel for a party before the same tribunal – especially where the tribunal operates in a highly specialized area of law. Can a lawyer appear before a tribunal if they were previously counsel to that tribunal? This discrete issue, though it rarely arises in the case law, presents unique considerations for analysis at the intersection of administrative law and legal ethics. In this comment, I analyze and critique the reasons of the Canadian International Trade Tribunal in Certain Container Chassis for declining to remove such a lawyer from a matter before it. I reconceptualize the Tribunal’s analysis into two separate questions and then add a third question. I conclude that, aside from confidentiality issues, a context- dependant analysis is preferable to an absolute rule
Off to the Races: Bill 31 The Horse Racing Regulatory Modernization Act (Liquor, Gaming and Cannabis Control Act And Pari -Mutuel Levy Act Amended)
No full textThe Horse Racing Regulatory Modernization Act, otherwise known as Bill 31, was first introduced to the Manitoba Legislative Assembly in October 2020. This piece of legislation seeks to modernize the regulatory framework for thoroughbred and standardbred horse racing in the province. Its main goal is to switch the regulator for the horse racing industry from the Manitoba Horse Racing Commission (MHRC) to the Liquor, Gaming and Cannabis Authority (LGCA). On its surface, Bill 31 ran a smooth race and successfully crossed the finish line. It received positive support throughout the legislative process, and was granted Royal Assent on May 12, 2021. However, this paper, while examining the bill itself and the discussion that surrounded its journey, will also explore the story underlying this piece of legislation and the motivating factors that got it to the starting gate in the first place. To truly understand the purpose of this Bill and the impact of the amendments contained within – it is necessary to dive into the world of horse racing; survey the current status of the horse racing industry in Manitoba; explore the government’s reliance on, and regulation of, gambling activities; and how regulations are made and regulators appointed. This paper seeks to highlight a number of concerns regarding the government’s complicated relationship with horse racing. Subsequently, this paper will pose a few recommendations on how the government could take steps to improve the transparency and accountability in the legislation and regulation-making process – especially when it comes to handling gambling policy and regulating sports, like horse racing
A Rush to Justice: The Institution of Presumptive Ceilings in R v Jordan and Their Potential Implications for Wrongful Convictions
No full textIn 2016, the Supreme Court of Canada (“SCC”) released its landmark decision in the case of R v Jordan. With the objective of addressing widespread delay within the Canadian justice system, the implications of the ruling were such that the Court set out definitive limits on the length of time in which accused persons must be brought to trial before a stay of proceedings is presumed to be entered. Since the decision, many scholars have emphasized the importance of resolving delay within the justice system to ensure that widespread stays of proceedings are not being entered, whereby the justice system may consequently fall into a state of disrepute. However, an equally important consideration that has not yet been explored concerns the risks that a failure to adequately remedy delay may result in police and Crown rushing to resolve cases within these strict time constraints. To explore this gap within the literature, this paper utilizes wrongful conviction concepts and available data to demonstrate that the current state of delay within the justice system has the potential to contribute to a “rush to justice” mentality among police and Crown. The development of such a mentality is problematic as it has the potential to lead to a wrongful conviction. Considering this elevated risk for wrongful convictions, this paper thus provides a new perspective in underscoring the importance of resolving delays within the justice system in the advent of Jorda
Barn Fire Prevention and the Law: Challenges and Opportunities for Reform
No full textIn the agricultural sector, a barn fire is a devastating disaster that can destroy lives and livelihoods in minutes. They can be traumatic for farmers, farmworkers, first responders and their communities, and they are particularly tragic when farm animals are killed. Common causes of barn fires are electrical malfunctions or improperly placed or faulty heating devices as well as the presence of combustible materials. Many farm buildings also lack adequate fire detection systems and suppression methods.
Although National Model Codes and provincial legislation establish minimal fire safety and prevention requirements, they are unevenly applied to animal housing facilities. While animal rights advocates have rightly been calling on all levels of government to introduce laws and regulations to prevent barn fires and their associated costs, the private sector also has a role to play.
This paper provides an overview of the prevalence of barn fires in Canada, their causes and their consequences. After establishing that current regulations overseeing disaster management and emergency preparedness in the agricultural sector are inadequate, this paper suggests that a mix of public law and private governance schemes can mitigate these risks in manner that treats farm animals with greater concern and respect
An Organization that is Criminal, but not Really: A Review of the Canadian Remediation-Agreement Regime in the Context of the SNCLavalin Affair
No full textThis article focuses on the new remediation-agreement regime under the Criminal Code. This regime, which is a form of diversion program for corporations and other organizational offenders, is described and analyzed, in light of the SNC-Lavalin scandal. Changes to the remediation-agreement regime are suggested to improve the regime