Manitoba Law Journal
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Purchasing Privacy and R v Picard: Dwelling Places on Public Property
No full textPurchasing Privacy and R v Picard: Dwelling Places on Public Propert
Knocking Should Be the Norm, Not the Exception – Evaluating the Need for Reform to the Use of Dynamic Entries in Canada
No full textKnocking Should Be the Norm, Not the Exception – Evaluating the Need for Reform to the Use of Dynamic Entries in Canad
The Future of Secured Credit in Canada – A Survey of Theory and Evidence
No full textThe Future of Secured Credit in Canada – A Survey of Theory and Evidenc
Rouleau’s Overreach: (Mis)interpreting Section 63 of the Emergencies Act
No full textCommissioner Paul Rouleau’s conclusion that “the very high threshold for invocation [of the Emergencies Act] was met” unsurprisingly dominated coverage of his final report. This paper argues that, in opining on the scope of the government’s authority, Commissioner Rouleau exceeded his own. Section 63(1)’s text, context, and legislative history all confirm that the purpose of the mandatory public inquiry is to find facts concerning “the circumstances that led to the declaration” and “the measures taken”, not to answer questions of law or of mixed law and fact. With judicial review applications underway in the Federal Court that will determine whether proclaiming a “public order emergency” under section 17(1) was warranted, Commissioner Rouleau’s intervention invited a risk of duplication and a multiplicity of proceedings. It also established a problematic precedent for future commissioners who, under the Act, need not be current or former judges, or even lawyers, but who will generally be appointed by the same government that invoked the Act. This paper makes the case for why Commissioner Rouleau ought not to have pronounced on the “threshold,” even in the face of widespread expectation from the public and from inquiry participants that he would do so
In Memoriam – Marcel André Desautels
No full textThe passing of Marcel A. Desautels, on January 31, 2023, at the age of 88, is a loss most acutely felt by his family, but it is a loss for others, too. Many of us at Robson Hall, the University of Manitoba’s Faculty of Law, are among this large group. Dr. Desautels was an alumnus of the Faculty twice over, and a generous benefactor to his alma mater
The Supreme Court of Canada and the Development of a Canadian Common Law of Contract
No full textThe Supreme Court of Canada and the Development of a Canadian Common Law of Contrac
Review of Brand Management in Canadian Law 5th ed. by John McKeown
No full textReview of Brand Management in Canadian Law 5th ed. by John McKeow
Criminal Records for Marijuana Possession: Is Eligibility for a Pardon Enough?
No full textCriminal Records for Marijuana Possession: Is Eligibility for a Pardon Enough
Convicting the Clergy: Seeking Justice for Residential School Victims Through Crimes Against Humanity Prosecutions
No full textConvicting the Clergy: Seeking Justice for Residential School Victims Through Crimes Against Humanity Prosecution
The Balancing Approach to Charter Interpretation: Theoretical and Practical Problems in the Context of Detention and Interrogation
No full textThe Balancing Approach to Charter Interpretation: Theoretical and Practical Problems in the Context of Detention and Interrogatio