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Figure from:Manitoba Law Journal Volume 43(3) 2020

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Table 3: Distribution of Cases Based on the Length of the Operation The length of the operation was never discussed in any of the cases involving lengthy operations; rather it was only mentioned as background information on the case. In 16% of the cases, information on the length was altogether absent. While it may be understandable that the length of the operation had less of an impact on the confession’s reliability in cases where there was strong confirmatory evidence (as an example),’”° it is concerning (and contrary to the guidance from Hart) that judges do not even discuss this as a factor worthy of consideration. Te were eee i) es ee Py ern At ol meee secrecy Did AN MAN Ta westely dbvos: y eee) I ae eee Ghee 320 MANITOBA LAW JOURNAL] VOLUME 43 ISSUE 3

Table 3 Distribution of Cases Based on the Length of the Operation The length of the operation was never discussed in any of the cases involving lengthy operations; rather it was only mentioned as background information on the case. In 16% of the cases, information on the length was altogether absent. While it may be understandable that the length of the operation had less of an impact on the confession’s reliability in cases where there was strong confirmatory evidence (as an example),’”° it is concerning (and contrary to the guidance from Hart) that judges do not even discuss this as a factor worthy of consideration. Te were eee i) es ee Py ern At ol meee secrecy Did AN MAN Ta westely dbvos: y eee) I ae eee Ghee 320 MANITOBA LAW JOURNAL] VOLUME 43 ISSUE 3

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CALL FOR PAPERS: Closes February 1, 2021 Manitoba Law Journal - Robson Crim’s Fourth Special Issue on Criminal Law The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual call for papers in Criminal Law. We seek submissions related to two major areas: 1) general themes in criminal law; and 2) evidentiary developments in criminal law (see details below). This is our sixth specialized criminal law volume, though Manitoba Law Journal is one of Canada’s oldest law journals. We invite scholarly papers, reflection pieces, research notes, book reviews, or other forms of written o1 pictorial expression. We are in press for volumes 43(3), 43(4), and 43(5) of the Manitoba Law Journal and have published papers from leading academics in criminal law, criminology, law and psychology and criminal justice. We welcome academic and practitioner engagement across criminal law and related disciplines.
CALL FOR PAPERS: Closes February 1, 2021 Manitoba Law Journal - Robson Crim’s Fourth Special Issue on Criminal Law The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual call for papers in Criminal Law. We seek submissions related to two major areas: 1) general themes in criminal law; and 2) evidentiary developments in criminal law (see details below). This is our sixth specialized criminal law volume, though Manitoba Law Journal is one of Canada’s oldest law journals. We invite scholarly papers, reflection pieces, research notes, book reviews, or other forms of written o1 pictorial expression. We are in press for volumes 43(3), 43(4), and 43(5) of the Manitoba Law Journal and have published papers from leading academics in criminal law, criminology, law and psychology and criminal justice. We welcome academic and practitioner engagement across criminal law and related disciplines.
xpert Opinion Evidence in Canadian Terrorism Cases 10
xpert Opinion Evidence in Canadian Terrorism Cases 10
06 MANITOBA LAW JOURNAL] VOLUME 43 ISSUE 3
06 MANITOBA LAW JOURNAL] VOLUME 43 ISSUE 3
Expert Opinion Evidence in Canadian Terrorism Cases 10'
Expert Opinion Evidence in Canadian Terrorism Cases 10'
Figure 1. Yearly Court-Ordered Assessments to Manitoba Adult Forensic Mental Health Services from 2014 to 2018 Since the mental health assessors are not present when evaluation orders are made in court, it is not always clear from a clinical perspective why certain assessments are requested. For example, the Adult Forensic Psychiatry Program has previously received requests to assess criminal responsibility when the accused person had no diagnosis of mental illness and was clearly intoxicated at the time of the index charges (R v Bouchard- Lebrun’ specified that the voluntary ingestion of a substance that can cause disruptions in mental health functioning cannot be used to uphold a
Figure 1. Yearly Court-Ordered Assessments to Manitoba Adult Forensic Mental Health Services from 2014 to 2018 Since the mental health assessors are not present when evaluation orders are made in court, it is not always clear from a clinical perspective why certain assessments are requested. For example, the Adult Forensic Psychiatry Program has previously received requests to assess criminal responsibility when the accused person had no diagnosis of mental illness and was clearly intoxicated at the time of the index charges (R v Bouchard- Lebrun’ specified that the voluntary ingestion of a substance that can cause disruptions in mental health functioning cannot be used to uphold a
Table 2: Distribution of Cases Where Incentives Were Used, Based on Types of Incentives Numerically, the presence of strong incentives did not appear to make a difference on whether the confession was admitted. In 67% of the cases where evidence was admitted, identifiable incentives were used. While this statistic is of concern, it is not problematic on its own, as the strength of an incentive should be analyzed contextually. Nonetheless, upon a qualitative analysis, we were once again able to discern some problematic trends in how incentives are factored into the decision.
Table 2: Distribution of Cases Where Incentives Were Used, Based on Types of Incentives Numerically, the presence of strong incentives did not appear to make a difference on whether the confession was admitted. In 67% of the cases where evidence was admitted, identifiable incentives were used. While this statistic is of concern, it is not problematic on its own, as the strength of an incentive should be analyzed contextually. Nonetheless, upon a qualitative analysis, we were once again able to discern some problematic trends in how incentives are factored into the decision.
Appendix
Appendix
348 MANITOBA LAW JOURNAL| VOLUME 43 ISSUE 3
348 MANITOBA LAW JOURNAL| VOLUME 43 ISSUE 3
356 MANITOBA LAW JOURNAL| VOLUME 43 ISSUE 3
356 MANITOBA LAW JOURNAL| VOLUME 43 ISSUE 3
B. No Proactive Investigation
B. No Proactive Investigation
416 MANITOBA LAW JOURNAL| VOLUME 43 ISSUE 3
416 MANITOBA LAW JOURNAL| VOLUME 43 ISSUE 3
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