Papers by Kathleen Kerr-Donohue
Manitoba law journal, Oct 17, 2020
Annual Review of Interdisciplinary Justice Research, 2021
SSRN Electronic Journal, 2019
We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manito... more We are thrilled to bring you the latest edition of the Criminal Law Special Edition of the Manitoba Law Journal. Academics, students and the practicing bench and bar continue to access this publication and contribute to it their knowledge and experience in the criminal law. The fact that we have, once again, elected to publish a double volume is a testament to the quality of submissions we have received over the last twelve months. We present twenty-five articles from twenty-nine authors, highlighting the work of some of Canada’s leading criminal law, criminological and criminal justice academics. The Manitoba Law Journal remains one of the most important legal scholarship platforms in Canada with a rich history of hosting criminal law analyses.1 With the help of our contributors, the Manitoba Law Journal was recently ranked second out of thirty-one entries in the Law, Government and Politics category of the Social Sciences and Humanities Research Council (SSHRC). We continue to be committed to open access scholarship and our readership grows with each Criminal Law Special Edition released.
Social Science Research Network, Sep 16, 2020
In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the ch... more In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the chagrin of many criminal law practitioners. Ostensibly, Bill C-75 was passed partially in response to the fallout stemming from the controversial R v Stanley verdict, a case in which peremptory challenges were allegedly used to remove any and all jurors who appeared to be Indigenous. Bill C-75 has not been without its own controversy, however. Commentary by both legal professionals and scholars indicates that Bill C-75 – though well intentioned – may ultimately do more harm than good for the very communities it purports to serve. Numerous criminal law practitioners were quick to criticize Bill C-75 as being knee-jerk, reactionary, and, ultimately, a highly political move that would do little to address the systemic issues plaguing the criminal justice system in Canada, particularly for racialized and marginalized communities. The paper below endeavours to give voice to these perspectives. Following an extensive review of the history of peremptory challenges and a general history of jury work, we share the results of our survey in which Canadian Crown and defence counsel were asked to share their opinions on the removal of peremptory challenges. The responses indicate that, overall, surveyed Crown and defence counsel are concerned that the elimination of peremptory challenges will have a negative impact on jury trials in Canada. We explore the reasons for these fears in reviewing their responses to the survey.
MLJ (43), 2020
In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the ch... more In the fall of 2019, peremptory challenges were abolished in Canadian jury trials, much to the chagrin of many criminal law practitioners. Ostensibly, Bill C-75 was passed partially in response to the fallout stemming from the controversial R v Stanley verdict, a case in which peremptory challenges were allegedly used to remove any and all jurors who appeared to be Indigenous. Bill C-75 has not been without its own controversy, however. Commentary by both legal professionals and scholars indicates that Bill C-75 – though well intentioned – may ultimately do more harm than good for the very communities it purports to serve. Numerous criminal law practitioners were quick to criticize Bill C-75 as being knee-jerk, reactionary, and, ultimately, a highly political move that would do little to address the systemic issues plaguing the criminal justice system in Canada, particularly for racialized and marginalized communities. The paper below endeavours to give voice to these perspectives. Following an extensive review of the history of peremptory challenges and a general history of jury work, we share the results of our survey in which Canadian Crown and defence counsel were asked to share their opinions on the removal of peremptory challenges. The responses indicate that, overall, surveyed Crown and defence counsel are concerned that the elimination of peremptory challenges will have a negative impact on jury trials in Canada. We explore the reasons for these fears in reviewing their responses to the survey.
Books and Edited Journals by Kathleen Kerr-Donohue
Manitoba Law Journal Criminal Law Edition, 2020
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 Kathleen Kerr-Donohue
Annual Review of Interdisciplinary Justice Research, 2021
The Annual Review of Interdisciplinary Justice Research Volume 10, 2021
Edited by Steven Kohm, K... more The Annual Review of Interdisciplinary Justice Research Volume 10, 2021
Edited by Steven Kohm, Kevin Walby, Kelly Gorkoff, Katharina Maier and
Bronwyn Dobchuk-Land The University of Winnipeg Centre for
Interdisciplinary Justice Studies (CIJS) ISSN 1925-2420
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Papers by Kathleen Kerr-Donohue
Books and Edited Journals by Kathleen Kerr-Donohue
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 Kathleen Kerr-Donohue
Edited by Steven Kohm, Kevin Walby, Kelly Gorkoff, Katharina Maier and
Bronwyn Dobchuk-Land The University of Winnipeg Centre for
Interdisciplinary Justice Studies (CIJS) ISSN 1925-2420
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
Edited by Steven Kohm, Kevin Walby, Kelly Gorkoff, Katharina Maier and
Bronwyn Dobchuk-Land The University of Winnipeg Centre for
Interdisciplinary Justice Studies (CIJS) ISSN 1925-2420