Books and Edited Journals by Lisa A. Silver
Criminal Justice and Evidentiary Thresholds in Canada: The Last Ten Years, 2020
This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: T... more This volume contains papers presented at the Criminal Justice Evidentiary Thresholds in Canada: The Last Ten Years conference, hosted at the Faculty of Law, University of Manitoba. The conference focussed on the evolution of the law of evidence and the sometimes radical transformations it has seen over the last ten years since the seminal decision of R v Grant in 2009, which reoriented the test for exclusion of evidence at trial. The conference explored questions of the conception of knowledge in modern criminal legal proceedings and the changes in the nature of knowing and constructing criminal responsibility over the last ten years as the information age continues to develop the law of evidence. Unparalleled connectivity, state surveillance capabilities, Canada’s commitment to truth and reconciliation with Indigenous communities, and anxieties pertaining to large scale security calamities (like terror events), have altered the landscape in which crime is investigated, and in which evidence is subsequently discovered, and admitted. The conference discussed and unpacked these issues and developed a tremendous body of scholarship which we are proud to present in this volume.
i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition
KENT ROACH
49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE
111 The Unclear Picture of Social Media Evidence LISA A. SIL VER
155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms
RUBY DHAND AND KERRI JOFFE
249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF
273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
JAMES GACEK AND ROSEMAR Y RICCIARDELLI
295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review
ADELINA IFTENE AND VANESSA L. KINNEAR
357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis
ALICIA DUECK-READ
391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations
LAUREN MENZIE AND TARYN HEPBURN
421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY
by Richard Jochelson, Lisa A. Silver, ruby dhand, HYGIEA CASIANO, James Gacek, Adelina Iftene, Robson Crim, Hadar Aviram, Darcy MacPherson, CHRISTOPHER LUTES, BRAYDEN MCDONALD, Kathleen Kerr-Donohue, and Rebecca Jaremko Bromwich Manitoba Law Journal Criminal Law Edition, 2020
Volume 43(4) is divided into three sections. The first section is entitled International Contri... more Volume 43(4) is divided into three sections. The first section is entitled International Contributions and highlights the work of two leading international scholars. The second thematic section is entitled Current Issues in Criminal Law and delves into issues as diverse as the use of victim impact statements and the Mr. Big investigatory process. The third and final section is a stand-alone Year in Review in which we present a paper summarizing the most recent Supreme Court of Canada and Manitoba Court of Appeal cases.
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE
Books by Lisa A. Silver
Robson Crim has developed as a hub for national Crim research and now accepts many more submissio... more Robson Crim has developed as a hub for national Crim research and now accepts many more submissions than we can accommodate. Further, we have recently tapped into the CanLII Connects system and are excited by the drive towards open access in legal scholarship and authorship. We have made connections with Emond Publishing who have graciously provided editorial assistance to us in these two latest volumes. Our commitment to open access publication, as well as our presence on the usual legal databases and Academia.edu contributes to making our resources easy to access. As part of our commitment to advancing legal research and disseminating knowledge in the fields of criminal law, criminal justice and criminology, we present you, this year, with two additional volumes of the Criminal Law Edition of the Manitoba Law Journal.
Papers by Lisa A. Silver
The W(D) decision matters. As a paradigm of the core principles of fundamental justice, W(D) has ... more The W(D) decision matters. As a paradigm of the core principles of fundamental justice, W(D) has empowered the credibility assessment and given it meaning. From its release in 1991, the essence of the decision, invoked by the case initials, reverberated through the appellate and trial courts and changed the legal landscape. From its modest beginnings as an admonishment to beware of the impermissible " credibility contest, " W(D) radically transformed the everyday to the infra-ordinary by imbedding the presumption of innocence and the inextricably connected reasonable doubt standard into the decision-making analysis. But the revolutionary path has not been easy as the courts struggle with the tension between the " ideal " and the " real. " Yet, W(D) has survived this ordeal to become an essential trial concept. How W(D) has made this not-so " magical " transition is discussed in this article as we trace the impact of the decision through statistics, case law, the judicial lens and the personal perspective. At the end of this examination, we will see W(D) anew; not as a worn-out overplayed " mantra " but as an invigorating principle representing the plurality of what is at stake in a criminal trial. To apply W(D) is to know it. This article attempts that very task.
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Books and Edited Journals by Lisa A. Silver
i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition
KENT ROACH
49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE
111 The Unclear Picture of Social Media Evidence LISA A. SIL VER
155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms
RUBY DHAND AND KERRI JOFFE
249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF
273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
JAMES GACEK AND ROSEMAR Y RICCIARDELLI
295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review
ADELINA IFTENE AND VANESSA L. KINNEAR
357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis
ALICIA DUECK-READ
391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations
LAUREN MENZIE AND TARYN HEPBURN
421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE
Books by Lisa A. Silver
Papers by Lisa A. Silver
i Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
1 Reclaiming Prima Facie Exclusionary Rules in Canada, Ireland, New Zealand, and the United States: The Importance of Compensation, Proportionality, and Non-Repetition
KENT ROACH
49 An Empirical and Qualitative Study of Expert Opinion Evidence in Canadian Terrorism Cases: November 2001 to December 2019 MICHAEL NESBITT AND IAN M. WYLIE
111 The Unclear Picture of Social Media Evidence LISA A. SIL VER
155 Cree Law and the Duty to Assist in the Present Day DAVID MILWARD
207 Involuntary Detention and Involuntary Treatment Through the Lens of Sections 7 and 15 of the Canadian Charter of Rights and Freedoms
RUBY DHAND AND KERRI JOFFE
249 Forensic Mental Health Assessments: Optimizing Input to the Courts HYGIEA CASIANO AND SABRINA DEMETRIOFF
273 Constructing, Assessing, and Managing the Risk Posed by Intoxicants within Federal Prisons
JAMES GACEK AND ROSEMAR Y RICCIARDELLI
295 Mr. Big and the New Common Law Confessions Rule: Five Years in Review
ADELINA IFTENE AND VANESSA L. KINNEAR
357 Judicial Constructions of Responsibility in Revenge Porn: Judicial Discourse in Non-Consensual Intimate Image Distribution Cases – A Feminist Analysis
ALICIA DUECK-READ
391 Harm in the Digital Age: Critiquing the Construction of Victims, Harm, and Evidence in Proactive Child Luring Investigations
LAUREN MENZIE AND TARYN HEPBURN
421 Victim Impact Statements at Canadian Corporate Sentencing ERIN SHELEY
CONTENTS
Continuing the Conversation: Exploring Current Themes in Criminal Justice and the Law
DAVID IRELAND AND RICHARD JOCHELSON
International Contributions
1 Moral Character: Making Sense of the Experiences of Bar Applicants with Criminal Records
HADAR AVIRAM
35 Corporate Criminal Liability 2.0: Expansion Beyond Human Responsibility
ELI LEDERMAN
Current Issues in Criminal Law
85 The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act ELIZABETH JANZEN
107 To What Types of Offences Should the Criminal Code Rules on Organizational Criminal Liability Apply?: A Comment on 9147-0732 Québec Inc c Directeur Des Poursuites Criminelles et Pénales
DARCY L. MACPHERSON
145 Criminal Law During (and After) COVID-19 TERRY SKOLNIK
181 If You Do Not Have Anything Nice to Say: Charter Issues with the Offence of Defamatory Libel (Section 301)
DYLAN J. WILLIAMS
209 Hart Failure: Assessing the Mr. Big Confessions Framework Five Years Later
CHRISTOPHER LUTES
Year in Review
245 Robson Crim Year in Review
BRAYDEN MCDONALD AND KATHLEEN KERR-DONOHUE