2018 Volume 41(4), Special Issue
Criminal Law Edition (Robson Crim)
Faculty Editors-in-Chief
RICHARD JOCHELSON LL.B., LL.M. PHD.
ASSOCIATE PROFESSOR, FACULTY OF LAW, UNIVERSITY OF MANITOBA
DAVID IRELAND LL.B, LL.M.
ASSISTANT PROFESSOR, FACULTY OF LAW, UNIVERSITY OF MANITOBA
AMAR KHODAY J.D., LL.M. D.C.L.
ASSOCIATE PROFESSOR, FACULTY OF LAW, UNIVERSITY OF MANITOBA
Lead Student Editor
BRENDAN ROZIERE B.A., J.D. (2020)
Assistant Student Editors
ANNA TOURTCHANINOVA J.D. (2019)
STEFANIE REECE B.B.A., J.D. (2019)
Editorial Assistance provided by
EMOND PUBLISHING
Cover Image
BRIAN SEED
With thanks to MLJ Executive Editors-in-Chief
Bryan P. Schwartz, LL.B., LL.M., J.S.D.
Asper Professor of International Business and Trade Law, Faculty of Law,
University of Manitoba
Darcy L. MacPherson, LL.B., LL.M.
Professor, Faculty of Law, University of Manitoba
, PUBLICATION INFORMATION
Copyright © 2018 Manitoba Law Journal
ISSN 0076-3861
Cite as (2018) 41:4 Man LJ
Printed in Canada on recycled and acid-free paper.
Published annually on behalf of the Faculty of Law, University of Manitoba.
Annual Subscription Rate: Canada: $35.00 CDN; Foreign: $35.00 U.S.
Back issues available from: Manitoba Law Journal
4th Floor Robson Hall, Faculty of Law
University of Manitoba
Winnipeg, Manitoba R3T 2N2
E-mail:
ACKNOWLEDGEMENTS
This issue has been supported by a major grant from the Social Sciences and Humanities
Research Council program for Aid of Scholarly Journals.
The Manitoba Law Journal gratefully acknowledges the family of Shelley Weiss for the endowment
of the Shelley Weiss Publications Office, which houses its ongoing operations at Robson Hall Law
School at the University of Manitoba, and for the annual Shelley Weiss scholarship that is awarded to
one or more student editors in their second year of our program.
We acknowledge the assistance and peer review administration of the editors and collaborators
of www.robsoncrim.com/. For a list of our collaborators please visit:
https://www.robsoncrim.com/collaborators.
We would also like to thank the Manitoba Law Journal Executive Editors for providing their
endless support, constant encouragement, and expert editorial advice.
THE LEGAL RESEARCH INSTITUTE OF THE UNIVERSITY OF MANITOBA promotes
research and scholarship in diverse areas.
REFEREE AND PEER REVIEW PROCESS
All of the articles in the Manitoba Law Journal Robson Crim Edition are externally refereed by
multiple independent academic experts after being rigorously peer reviewed by faculty editors, as well as
reviewed by student staff. Usually 3 external peer reviewers assess each piece on a double-blind basis.
, INFORMATION FOR CONTRIBUTORS
The editors invite the submission of unsolicited articles, comments, and reviews. The submission
cannot have been previously published. All multiple submissions should be clearly marked as such and
an electronic copy in Microsoft Word should accompany the submission. All citations must conform to
the Canadian Guide to Uniform Legal Citation, 9th Edition. Contributors should, prior to submission,
ensure the correctness of all citations and quotations. Authors warrant that their submissions contain
no material that is false, defamatory, or otherwise unlawful, or that is inconsistent with scholarly ethics.
Initial acceptance of articles by the Editorial Board is always subject to advice from one or more external
reviewers.
The Editorial Board reserves the right to make such changes in manuscripts as are necessary to
ensure correctness of grammar, spelling, punctuation, clarification of ambiguities, and conformity to the
Manitoba Law Journal style guide. Authors whose articles are accepted agree that, at the discretion of the
editor, they may be published not only in print form but posted on a website maintained by the journal
or published in electronic versions maintained by services such as Quicklaw, Westlaw, LexisNexis, and
HeinOnline. Authors will receive a complimentary copy of the Manitoba Law Journal in which their work
appears.
Manuscripts and communications should be directed to:
Criminal Law Special Edition (Robson Crim)
Richard Jochelson
Manitoba Law Journal Phone: 204.474.6158
466 Robson Hall, Faculty of Law Fax: 204.480.1084
University of Manitoba E-mail:
Winnipeg, Manitoba R3T 2N2
Regular MLJ
Editors-in-Chief
Manitoba Law Journal Phone: 204.474.6136
466 Robson Hall, Faculty of Law Fax: 204.480.1084
University of Manitoba E-mail:
Winnipeg, Manitoba R3T 2N2
,
Criminal Law Edition (Robson Crim)
Faculty Editors-in-Chief
RICHARD JOCHELSON LL.B., LL.M. PHD.
ASSOCIATE PROFESSOR, FACULTY OF LAW, UNIVERSITY OF MANITOBA
DAVID IRELAND LL.B, LL.M.
ASSISTANT PROFESSOR, FACULTY OF LAW, UNIVERSITY OF MANITOBA
AMAR KHODAY J.D., LL.M. D.C.L.
ASSOCIATE PROFESSOR, FACULTY OF LAW, UNIVERSITY OF MANITOBA
Lead Student Editor
BRENDAN ROZIERE B.A., J.D. (2020)
Assistant Student Editors
ANNA TOURTCHANINOVA J.D. (2019)
STEFANIE REECE B.B.A., J.D. (2019)
Editorial Assistance provided by
EMOND PUBLISHING
Cover Image
BRIAN SEED
With thanks to MLJ Executive Editors-in-Chief
Bryan P. Schwartz, LL.B., LL.M., J.S.D.
Asper Professor of International Business and Trade Law, Faculty of Law,
University of Manitoba
Darcy L. MacPherson, LL.B., LL.M.
Professor, Faculty of Law, University of Manitoba
, PUBLICATION INFORMATION
Copyright © 2018 Manitoba Law Journal
ISSN 0076-3861
Cite as (2018) 41:4 Man LJ
Printed in Canada on recycled and acid-free paper.
Published annually on behalf of the Faculty of Law, University of Manitoba.
Annual Subscription Rate: Canada: $35.00 CDN; Foreign: $35.00 U.S.
Back issues available from: Manitoba Law Journal
4th Floor Robson Hall, Faculty of Law
University of Manitoba
Winnipeg, Manitoba R3T 2N2
E-mail:
ACKNOWLEDGEMENTS
This issue has been supported by a major grant from the Social Sciences and Humanities
Research Council program for Aid of Scholarly Journals.
The Manitoba Law Journal gratefully acknowledges the family of Shelley Weiss for the endowment
of the Shelley Weiss Publications Office, which houses its ongoing operations at Robson Hall Law
School at the University of Manitoba, and for the annual Shelley Weiss scholarship that is awarded to
one or more student editors in their second year of our program.
We acknowledge the assistance and peer review administration of the editors and collaborators
of www.robsoncrim.com/. For a list of our collaborators please visit:
https://www.robsoncrim.com/collaborators.
We would also like to thank the Manitoba Law Journal Executive Editors for providing their
endless support, constant encouragement, and expert editorial advice.
THE LEGAL RESEARCH INSTITUTE OF THE UNIVERSITY OF MANITOBA promotes
research and scholarship in diverse areas.
REFEREE AND PEER REVIEW PROCESS
All of the articles in the Manitoba Law Journal Robson Crim Edition are externally refereed by
multiple independent academic experts after being rigorously peer reviewed by faculty editors, as well as
reviewed by student staff. Usually 3 external peer reviewers assess each piece on a double-blind basis.
, INFORMATION FOR CONTRIBUTORS
The editors invite the submission of unsolicited articles, comments, and reviews. The submission
cannot have been previously published. All multiple submissions should be clearly marked as such and
an electronic copy in Microsoft Word should accompany the submission. All citations must conform to
the Canadian Guide to Uniform Legal Citation, 9th Edition. Contributors should, prior to submission,
ensure the correctness of all citations and quotations. Authors warrant that their submissions contain
no material that is false, defamatory, or otherwise unlawful, or that is inconsistent with scholarly ethics.
Initial acceptance of articles by the Editorial Board is always subject to advice from one or more external
reviewers.
The Editorial Board reserves the right to make such changes in manuscripts as are necessary to
ensure correctness of grammar, spelling, punctuation, clarification of ambiguities, and conformity to the
Manitoba Law Journal style guide. Authors whose articles are accepted agree that, at the discretion of the
editor, they may be published not only in print form but posted on a website maintained by the journal
or published in electronic versions maintained by services such as Quicklaw, Westlaw, LexisNexis, and
HeinOnline. Authors will receive a complimentary copy of the Manitoba Law Journal in which their work
appears.
Manuscripts and communications should be directed to:
Criminal Law Special Edition (Robson Crim)
Richard Jochelson
Manitoba Law Journal Phone: 204.474.6158
466 Robson Hall, Faculty of Law Fax: 204.480.1084
University of Manitoba E-mail:
Winnipeg, Manitoba R3T 2N2
Regular MLJ
Editors-in-Chief
Manitoba Law Journal Phone: 204.474.6136
466 Robson Hall, Faculty of Law Fax: 204.480.1084
University of Manitoba E-mail:
Winnipeg, Manitoba R3T 2N2
,
