Manitoba Law Journal
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Interview with Greg Evans
No full text Interview conducted by Bryan P. Schwartz and Jodi Plenart. Greg Evans, K.C. has practiced family law exclusively since 1998. In March 2012, Greg formed the Evans Family Law Corporation, a collaborative family law practice offering an alternative to tradition litigation-based separation and divorce. Greg is a founding member of Collaborative Practice Manitoba, and has served as its Chair, a member of its Management Committee, and as a committee member. Greg taught the Clinical Family Law course from 2006 to 2019 at Robson Hall and continues to be a frequent speaker. He is also frequent presenter at legal forums like the Law Society of Manitoba and the Manitoba Bar Association, focusing on collaborative family law and related issues
Harm to Self-Identity: Reading Goffman to Reassess the Use of Surreptitious Recordings as Evidence
No full textFor decades in Canada, surreptitious recordings made by civilians have been admissible in criminal and family trials and labour and employment cases. Courts and tribunals have applied a similar test for admissibility that asks whether a recording is more probative than prejudicial. Recordings are readily seen to be invasive, but the concept of prejudice applied in most cases concerns the fairness and accuracy of what is captured in a recording and not its social or psychological impact on the person affected. This article draws on privacy theory and on Erving Goffman’s The Presentation of Self in Everyday Life to argue that jurisprudence to date has failed to recognize the nature and degree of prejudice surreptitious recordings cause an affected person. A better understanding of this supports a revised test for admission. A recording that captures a private conversation should not be admitted, except in the last resort, which would include where the prosecution has no other means of proving a material fact in issue, where innocence is at stake, or in a civil case where it is necessary to rectify a significant power imbalance affecting credibility
Online Dispute Resolution (ODR): New Approaches to Enhance Initiatives of Civil Dispute Resolution
No full textThis paper proposes that Manitoba take several new initiatives to enhance ODR based on a new approach to civil dispute
resolution
Desautels Review of Private Enterprise & Law: Introduction
No full textDesautels Review of Private Enterprise & Law: Introductio
Secrecy and Impunity: The Role of Law Societies in Canadian Wrongful Convictions
No full textSecrecy and Impunity: The Role of Law Societies in Canadian Wrongful Conviction
Reasonable Expectations Make Unreasonable Inferences: The Reasonable Expectation Threshold is a Legal Doctrine Unequal to the Menace to Privacy Posed by Mass Surveillance and Algorithmic Analysis
No full textReasonable Expectations Make Unreasonable Inferences: The Reasonable Expectation Threshold is a Legal Doctrine Unequal to the Menace to Privacy Posed by Mass Surveillance and Algorithmic Analysi
Regulating Adult Use of Cannabis in South Africa: International Law, Foreign Models, and Contextual Realism
No full textRegulating Adult Use of Cannabis in South Africa: International Law, Foreign Models, and Contextual Realis
When Should Executives Be Responsible for Corporate Acts?: A Comment on Loeppky et al v Taylor McCaffrey LLP
No full textWhen Should Executives Be Responsible for Corporate Acts?: A Comment on Loeppky et al v Taylor McCaffrey LL
From the Editor\u27s Desk
No full textWe thank the editors of this volume, Jocelyn Stacey and the Nomi Claire Lazar, and all of the contributing authors for inviting us to partner with them in bringing out this timely set of reflections on the federal government\u27s invocation in 2022 of its powers under the Emergencies Act.
A public inquiry by Justice Roleau into the use of the special powers issued its report earlier this year. We hope that this collection by independent academic experts will provide further perspective, on recent events and serve as an inspiration and guide to law reform across Canada in relation to the framing and use of emergency powers
Principles of Interpretation as Applied to Corporate Articles: A Comment on Rogers v Rogers Communications Inc.
No full textPrinciples of Interpretation as Applied to Corporate Articles: A Comment on Rogers v Rogers Communications Inc