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

Climate Change Policy in Manitoba: A Small Province Looking to "Punch above its Weight" (2015) Environmental Law, Climate Change Policy By Brendan Boyd

In 2008, Manitoba joined the wave of Canadian provinces and US states taking action on climate change by becoming the first jurisdiction in North America to pass legislation committing to greenhouse gas (GHG) emission reduction targets set by the... 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.

Policy Design in Rural Manitoba: Alternatives and Opportunities in the Midst of Change (2015) Public Policy, Rural Policy Changes By Lars K. Hallstrom & William Ashton & Ray Bollman & Ryan Gibson & Thomas Johnson

Recent changes in rural Manitoba have, like elsewhere in the country, inspired calls for new perspectives and ideas about rural policy. While structural changes such as amalgamations are common, on-going questions about regionalized models, the... 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.

Policy Design in Rural Manitoba: Alternatives and Opportunities in the Midst of Change (2015) Public Policy, Rural Policy Changes By Lars K. Hallstrom & William Ashton & Ray Bollman & Ryan Gibson & Thomas Johnson

Recent changes in rural Manitoba have, like elsewhere in the country, inspired calls for new perspectives and ideas about rural policy. While structural changes such as amalgamations are common, on-going questions about regionalized models, the... 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.

Section 31 of the Manitoba Act, 1870: A Land Claim Agreement (2015) Supreme Court of Canada, Constitutional Law, Aboriginal law, Manitoba Act s. 31 By Darren O'Toole

In the recent Manitoba Métis Federation v Canada and Manitoba case, the majority of the Supreme Court of Canada found in favour of the plaintiff in deciding that the honour of the Crown is engaged by constitutional obligations to Aboriginal groups.... Read more.

The Queer Child Deserves Protection: Bill 18 and the Justifiable Infringement of Denominational Schools' Freedom of Religion (2015) Constitutional Law, Charter of Rights and Freedoms, Equality Rights, Religious Rights By Joshua David Michael Shaw

The Province of Manitoba’s 'The Public Schools Amendment Act (Safe and Inclusive Schools)', also known as Bill 18, obligates all Manitoban school boards to create anti-bullying policies that incorporate principles of human rights. The language used... Read more.

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