CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Monday, October 12, 2020

Ireland et al. on Criminal Evidentiary Thresholds in Canada

David IrelandRichard JochelsonHadar AviramEli LedermanElizabeth JanzenDarcy MacPhersonTerry SkolnikDylan WilliamsChristopher LutesBrayden McDonald and Kathleen Kerr-Donohue (Robson Hall Law School, Robson Hall, University of Manitoba Faculty of Law, University of California, Hastings College of the Law, Tel Aviv University - Buchmann Faculty of Law, Independent, University of Manitoba - Faculty of Law, University of Ottawa, Faculty of Law, Civil Law Section, Independent, Independent, University of Manitoba and Independent) have posted Manitoba Law Journal: Criminal Law Edition (Robson Crim) (Manitoba Law Journal, Vol. 43, No. 4, 2020) on SSRN. Here is the abstract:
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.

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