Blog

Petroleum & Treaty No. 2 (6/18/15) Aboriginal law, Energy Law By Sheldon Rosenstock

The land area of Manitoba’s Treaty No. 2 contains the oil wealth of Manitoba, and extends from the Saskatchewan border on the west to the western shore of Lake Winnipeg on the east, and south to...

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Making the Case for Bail in Canada (7/23/14) Criminal Law, Bail By Martin Glazer

In theory, people accused of a crime are entitled to be released on bail pending trial. However, making a successful bail application often turns out to be a defence lawyer’s challenge. This paper...

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Graham James: Sending the Wrong Message? (5/24/12) Sentencing, Criminal Law By Darcy L. MacPherson

The question of sentencing is always a tough one. There is no doubt that the two year sentence handed down to former junior hockey coach Graham James on March 20, 2012 sparked further debate about...

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The Securities Reference: The Supreme Court Got it Right (5/8/12) Securities, division of powers, Corporate Law By Darcy L. MacPherson

   On December 22, 2011, the Supreme Court of Canada released its opinion in Reference re Securities Act.[1] The federal...

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Articles

Will the Reform Act, 2014, Alter the Canadian Phenomenon of Party Discipline? (2015) Canadian Parliament, Party Cohesion By Paul Geisler

On June 23, 2015, the Reform Act, 2014, a private member's bill sponsored by Conservative backbencher Michael Chong, received royal assent. This paper attempts to determine the extent to which the Reform Act can be expected to reduce the powers of... Read more.

Municipalities Amalgamate in Manitoba: Moving towards Rural Regions (2015) Manitoba Legislature, Municipal Law, Municipal Amalgamation By William Ashton & Wayne Kelly & Ray Bollman

Recently, the Manitoba government initiated amalgamations to re-structure rural municipalities following a century of virtually no change in rural municipal boundaries and decades of rural out-migration that has left many municipalities below the... Read more.

The Use of Undercover Operators by Professional Organizations When Gathering Evidence to Enforce Their Monopolies: "Reprehensible" Tactics and "Outright Deception"? (2015) Evidence Law, Undercover Operators, Charter of Rights and Freedoms, Charter Issues in Criminal Law By Joan Brockman

State undercover operators are used to investigate, and even instigate, criminal or regulatory violations in a variety of settings. This paper examines three issues surrounding the use of undercover operators by professional SROs to gather evidence... Read more.

On we go to Manitoba's next provincial election: Whither the NDP? (2015) Manitoba Provincial Election, Winnipeg Municipal Election By Karine Levasseur

In previous editions of this journal, the author has argued that Manitoba’s stability was beginning to wane. That theme continues in this edition, albeit slightly differently. While the dominant source of instability in previous years was economic,... Read more.

Flooding of First Nations and Environmental Justice in Manitoba: Case Studies of the Impacts of the 2011 Flood and Hydro Development in Manitoba (2015) Environmental Law, Environmental Justice, Provincial Flood Policy By Shirley Thompson

This paper examines why man-made flooding and permanent displacement is a reoccurring story in Manitoba for FNs communities. In this discussion of flooding and equity, environmental justice provides a framework to analyze the risk for flooding... Read more.

Beyond Instrument Choice: Micro-Level Policy Design in Manitoba's Child Care System (2015) Public Policy, Policy Design, Manitoba Child Care System By Sarah Whiteford

The prominence of instrument choice within the policy design literature is perhaps unsurprising. It is a laudable pursuit to provide greater potential for the success of policy interventions by arming practitioners with a toolbox of instruments... Read more.

Bargaining For Expedience? The Overuse of Joint Recommendations on Sentence (2015) Criminal Law, Plea Bargaining, Joint Recommendations By David Ireland

Only a small fraction of matters that enter the criminal justice system will, in fact, ever proceed to trial. Whatever justice is delivered by the system is mostly dispensed by way of guilty pleas bred by plea bargains. Though it is often stated... Read more.

The Manitoba Métis Decision and the Uses of History (2015) Supreme Court of Canada, Constitutional Law, Manitoba Metis Federation Inc v Canada (AG) By Thomas R. Berger & Q.C.

In the case of Manitoba Métis Federation Inc. v. Canada (A.G.), decided by the Supreme Court of Canada on March 8, 2013, the Court dealt with ramifications of the encounter on the plains 140 years ago between Canada, extending westward, and Louis... Read more.

Bill 2: The Highway Traffic Amendment Act (Safety of Workers in Highway Construction Zones) (2015) Manitoba Legislature, The Highway Traffic Act, Construction Zones By Andrew Hnatiuk

On November 15, 2013 Bill 2 was introduced into the Manitoba Legislature, amending The Highway Traffic Act in four ways. On its face this legislation is simple and the provincial government's stated purpose and means are clear: to enhance safety for... Read more.

The First "By the Court" Decisions: The Emergence of a Practice of the Supreme Court of Canada (2015) Supreme Court of Canada, Senate Reform Reference, Laskin Thesis By Peter McCormick & Marc Zanoni

This paper explores the Supreme Court's deliberate and repeated departure from the long-standing norms of attributing decisions to specific members of the panel by instead attributing the decision to "The Court".  The examination begins by... Read more.

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