Richard  Jochelson Author of Evaluating Organization Development
FEATURED AUTHOR

Richard Jochelson

Associate Professor
University of Manitoba Law School

Dr. Richard Jochelson is an associate professor at the Faculty of Law at the University of Manitoba and holds his PhD in law from Osgoode Hall Law School at York University, a Masters in Law from University of Toronto Law School, and a Law Degree from University of Calgary Law (Gold Medal). He is a former law clerk who served his articling year at the Alberta Court of Appeal and Court of Queen’s Bench, before working at one of Canada’s largest law firms and teaching for ten years.

Biography

Richard Jochelson is an associate professor at the Faculty of Law at the University of Manitoba and holds his PhD in law from Osgoode Hall Law School at York University, a Masters in Law from University of Toronto Law School, and a Law Degree from University of Calgary Law School (Gold Medal).  He is a former law clerk who served his articling year at the Alberta Court of Appeal and Court of Queen’s Bench, before working at one of Canada’s largest law firms. He worked for ten years teaching criminal and constitutional law at another Canadian university prior to joining Robson Hall.

He has published peer-reviewed articles dealing with obscenity, indecency, judicial activism, police powers, criminal justice pedagogy and curriculum development, empiricism in criminal law, and conceptions of judicial and jury reasoning. He is a member of the Bar of Manitoba and has co-authored and co-edited six  books.  He co-authored The Disappearance of Criminal Law: Police Powers and the Supreme Court (Fernwood, 2015).  In 2017, he co-authored Criminal Law and Precrime: Legal Studies in Canadian Punishment and Surveillance in Anticipation of Criminal Guilt with Routledge.

Areas of Research / Professional Expertise

    My research interests include regulation of sexuality and other expression, socio-legal governance of harm and precaution, policing and police powers, surveillance and security in legal decision-making, the criminal and constitutional jurisprudence of the Supreme Court of Canada, jury law, disability and the criminal law, and empirical analyses of legal decision makers. I am grateful for funding support from the Manitoba Law Foundation (2016), SSHRC Connection Program (2016 and 2012) and other institutional grants including the SSHRC 4A program (2015 and 2011).

    I am one of the co-founders of the legal blog Robsoncrim.com. As part of our commitment to education at Robson Hall and to legal education outside of the ivory tower, http://www.robsoncrim.com/ provides reflections on current issues in criminal law through its Blawg program, through special events, and through its annual peer reviewed journal (a special edition of the Manitoba Law Journal). With collaborators spanning Edinburgh through to Madison, Wisconsin, over 50000 views, an active Facebook and Twitter presence, and recognition from the http://www.clawbies.ca/ awards, Robsoncrim is poised for a bright future. Robsoncrim also now publishes an annual double blind peer review edition on current topics in criminal law under the Manitoba Law Journal moniker: http://mlj.robsonhall.com/mlj/. The journal is open access and is also available on Heinonline, Westlaw Nexis, and Lexis Advance Quicklaw.

    I am also one of three co-founders, and a long serving member of the editorial board of the Centre for Interdisciplinary Justice Studies (CIJS.ca), a Winnipeg-based justice research and education organization that holds annual conferences,and publishes an open source and not for profit annual peer-reviewed publication – The Annual Review of Interdisciplinary Justice Research (IJR).

    For a sample of some of my articles see: http://uwinnipeg.academia.edu/RichardJochelson

Personal Interests

    Interests include music, guitars, and vacuum tube amplifiers as well as the occasional foray into obtuse philosophy.

Websites

Books

Featured Title
 Featured Title - Criminal Law and Precrime - 1st Edition book cover

News

"NeoHuman with Agah Bahari" featuring two Robsoncrim collaborators

By: Richard Jochelson
Subjects: Criminology and Criminal Justice, Law, Sociology, Criminology and Criminal Justice

NeoHuman with Agah Bahari: Episode 21 @robsoncrim

October 2, 2016

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Editors

Check out the new podcast of "NeoHuman with Agah Bahari" featuring two Robsoncrim-ers!

 

"In the 21st episode of NEOHUMAN, the 1st episode of Season 2, Agah Bahari is joined by Mandi Gray as the co-host of the second season to chat with Dr. Richard Jochelson (@robsoncrim, @RiJochelson). Richard is the Associate Professor at Robson Hall Law School, University of Manitoba, and his publications include: “The Disappearance of Criminal Law: Police Powers and the Supreme Court of Canada”, and “Theorizing Justice and Sex and the Supreme Court: Obscenity and Indecency Laws in Canada”. Richard recently [co]launched the Robson Crim Legal Blog, which is an interdisciplinary blog featuring writing from scholars and lawyers across Canada. They talk about wide range of subjects including feminist debates around pornography and sex work, University of Chicago’s recent statement on safe spaces, freedom of speech and political correctness, cyber sex-work, Bedford [v] Canada case, and the common grounds between radical feminism and the religious far-right."

 

Check out the episode here.

 

Late Spring RobsonCrim Newsletter

By: Richard Jochelson

Robsoncrim.com

Late Spring Newsletter: June 1, 2017

Canada's Criminal Law Blawg

 
 
 

Latest News

 

MLJ News

Now that the school year has closed, we wanted to thank our student bloggers this year. We have now resumed with our academic blogs from our national and international team of academic bloggers and have moved to our summer schedule of publication. 

 

Starting next school term, we also invite practitioners and students of law across Canada to send us your blog ideas and posts. Robsoncrim belongs to all of us! 

 

We are also working hard with the Manitoba Law Journal to bring you the first volume of the Robsoncrim special edition, our double blind peer reviewed journal, that will be available through open access and through Heinonline, WestlawNext and LexisNexis Quicklaw platforms. We hope to bring this volume to press by Fall. 

 

Stay tuned for other exciting Robsoncrim projects, and thanks to all of you whom have participated, blogged, read, and critiqued with us so far. Less than a year into this website, we have garnered tens of thousands of visits, Facebook hits and tweets/retweets! We are excited to see where the summer takes us!

 

Late Spring 2017 Blawgs: 

 

 

Changing Our History: Lawyers and Leadership

David Ireland (Robson Hall Law School)

 

TALE OF THE TAPE: Policing Surreptitious Recordings in the Workplace

John Burchill (WPS Strategic Initiatives)

 

‘Humanely’ Trapped, yet Legally Endangered: Anthropocentrism and the Coyotes used in Canada Goose Jackets

James Gacek (UEdinburgh Law)

 

Judge Training on Sexual Assault: JUST may not be just

Kasia Kieloch (law student)

 

Protecting Me and My 23: The Medico-Legal Issues of Genetic Privacy in Canada

James Gacek (UEdinburgh Law)

 

Canada versus the USA: a 5 round bout for aspiring lawyers (a law student perspective)

Doc Magnum (law student)

 

Tom Bregg’s Law: Protecting Bus Drivers or Just Smoke and Mirrors? (a student perspective)

Kasia Kieloch (law student)

 

S. 43 of the Criminal Code: Time to Get Rid of Child Spanking

Kasia Kieloch (law student)

 

A Policing Perspective (A Student Blog): Random Musings on a trio of Supreme Court Decisions

Tracer Bullet (law student)

 

A Policing Perspective: The Legalization of Marihuana – A Student Blog

Tracer Bullet (law student)

 

A Policing Perspective: R v Jordan – A Student Blog

Tracer Bullet (law student)

 

A Law Student’s Ponderings about the Legalization of Marijuana

Komet Weasley (law student)

 

Mr. Big? Mr. Bah Humbug! (A student comment)

Komet Weasley (law student)

 

Panic- do it now, do it often: crime news distortions (a student comment)

Komet Weasley (law student)

 

 

Early Spring 2017 Blawgs:

 

Is There Any Accountability for Canadian Columnists? A response to Christie Blatchord's astonishing column about a sex assault survivor

Mandi Gray (SIlence is Violence, YorkU) 

 

When Privacy and Terror Collide: Why New and Invasive Search Powers May Be Found Constitutional

Robert Diab (TRU Law)

 

To Address Problems in Canada’s Criminal Justice and Correctional Systems: Look Upstream to Child Welfare Law

Rebecca Bromwich (Carleton Legal Sudies)

 

Rape: Who Actually Pays?

Mandi Gray (Silence is Violence, YorkU)

 

Fraud in the First Degree: BBC’s Undercover, Sexual Assault and the Vitiation of Consent

Amar Khoday (Robson Hall)

 

Housing Transgender Inmates: New Policy, Same Harms

Leon Laidlaw (UOttawa)

 

Loving Spoonfuls of Discipline: The Sociality of Reasonableness in Canada’s ‘Spanking’ Law

James Gacek (UEdinburgh Law)

 

Letting a ‘Sleeping’ Law Lie? The Case of Canada’s Blasphemy Law

James Gacek (UEdinburgh Law)

 

Alibi Evidence: Responsibility for Disclosure and Investigation

John Burchill (WPS Strategic Initiatives)

 

Exigence - How Roaches Led to Clarity in the Paterson case

Richard Jochelson (Robson Hall)

 

The Right to Counsel and the Right to Have Counsel Present

John Burchill (WPS Strategic Initiatives)

 

Vince Li: is he a public danger? (a student perspective)

Alexandra Derwin

 

A Policing Perspective: R v MacDonald – The Confusion Regarding Officer Safety Searches and the Common Law (a student blog)

Tracer Bullet

 

Revisiting Robert Pickton in Light of the National Inquiry into Murdered and Missing Aboriginal Women (a student blog)

Komet Weasley

 

Remand Rates: A Growing Problem (a student perspective)

Kasia Kieloch

 

Why Lawyers Need Professional Development - the tale of Sidney Green (a student's perspective

Kasia Kieloch

 

Preliminary Inquiries: Should They Stay or Should They Go? (a law student's perspective)

Kasia Kieloch

 

A Policing Perspective: The Common Law (a student blog)

Tracer Bullet

 

Clearly a Drunk Can Consent? Intoxication and Consent in Canada (a law student's perspective)

Rebecca Schille

 

Rise of the Machines: Meet ROSS, Our Newest Associate (a law student blog)

D.M.

 

Check out spring newsletter - makes for great reading

By: Richard Jochelson
Subjects: Criminology and Criminal Justice, Law, Sociology, Criminology and Criminal Justice

Check out spring newsletter - makes for great reading

 

May 7, 2017

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Editors

 
 

See our issue here:

 

Women and the Law - a statistical tale of many cities

By: Richard Jochelson
Subjects: Criminology and Criminal Justice, Law, Sociology, Criminology and Criminal Justice

 

Women and the Law - a statistical tale of many cities

 

June 12, 2017

Robsoncrim.com

Richard Jochelson

 
 

It is the best of times and the worst of times for women in Canada. At the least that is one opaque statement we can draw from the June 6 release of Statistics Canada's new study: Women in Canada: Women and the Criminal Justice System. There is still grim news on a number of fronts: women experience over half of all violent crime in Canada (only a fraction of which is reported to authorities and whilst still representing only one-quarter of all offenders) - see Women in Canada: Women and the Criminal Justice System. While self reported instances of sexual assault victimization are holding steady since 2004, reports of physical assault are down:

 

"According to the 2014 victimization cycle of the General Social Survey, women reported being the victim of 1.2 million incidents of physical assault, sexual assault or robbery in the previous year. Self-reported violent victimization rates were higher among women (85 per 1,000 population) than men (67 per 1,000 population). This difference was largely attributable to higher rates of sexual assault among women."(Women in Canada: Women and the Criminal Justice System.) 

 

And the impacts of the deprivations and destabilizing social conditions for a disproportionate number of  Canada's Indigenous women also seem to have been reflected in the statistics. Examples include:

 

"In 2014 Aboriginal women were 2.7 times more likely to have reported experiencing violent victimization than non-Aboriginal women" (Women in Canada: Women and the Criminal Justice System.) 

 

"Aboriginal females account for an increasing proportion of female homicide victims, rising from one-tenth (9%) of all female homicide victims in 1980 to one-quarter (24%) in 2015." (Women in Canada: Women and the Criminal Justice System.) 

 

"Aboriginal women represented less than 5% of the total female population in Canada in 2015, while they accounted for over one-third of female admissions to federal (39%) and provincial/territorial (38%) custody in 2014/2015." (Women in Canada: Women and the Criminal Justice System.) 

 

Unfortunately, these statistics remain an unsurprising reflection of the effects of colonization, residentialization, and discrimination.

 

Yet, the report does give one reason for optimism for educated women in Canada.  Educational attainment for women has increased over the last 24 years significantly.  Women aged 25-64 are attaining University credentials at a faster pace then men; 35% of women achieve these credentials, although the percentage credentialed in trades seems to have decreased (Women and Education: Qualifications, Skills and Technology). The trends seem to reflect what we at Universities have been seeing for the last decade:

 

"Women aged 25 to 64 were more likely to continue on to postsecondary education, particularly college and university, while a higher proportion of men completed a high school diploma or a trades certificate as their highest level of education."(Women and Education: Qualifications, Skills and Technology).

 

As law teachers, we have a particular interest in our own backyards, and in concomitant higher education:

 

"According to the 2011 National Household Survey, women accounted for over half (54%) of all university degree holders aged 25 to 64, 55% of bachelor's degree holders, 51% of master's degree holders, but only 39% of earned doctorate holders."(Women and Education: Qualifications, Skills and Technology).

 

But in the discipline of law, the numbers were much more encouraging than in other doctorates. Woman accounted f0r 51% of graduates in social/behavioural science and law. Similarly, the practice rates of new lawyers seems to have increased for women. Compared to 1991:

 

"women accounted for 58% of lawyers in 2011 (an increase of 16 percentage points)."(Women and Education: Qualifications, Skills and Technology).

 

When you drill down on the statistics for women as "justice makers" and "professionals", the statistics reveal an even more impressive array of progress metrics (Women in Canada: A Gender-based Statistical Report (89-503-X)):

 

 

 

Women now make up 36% of judges compared t0 14% in 1991. Whereas, in 1991, 27% of lawyers were women, that number has now risen to 42%. The era of proportionate representation of women in the law and justice may be at hand.

 

The outcomes for women in Canada are multivalent and beyond the scope of what can be discussed in this short comment. But it is clear that we are we witnessing a tale of many cities. Women with access to education and justice-making opportunities will continue to succeed and ultimately achieve parity, while racialized, colonized and lower income women will continue to achieve disproportionate representation in the  processing end of the justice system.

 

Pride in the progress of professional women in law is appropriate, but any optimism as to this progress must be tempered by the growing solitudes of the Canada's most disenfranchised women. The developing disparities are reason for both cautious optimism and urgent alarm, and undergird the multiplicities of experiences for women in Canada. Hope can be gleaned from the tremendous and hard fought strides taken by women in the justice disciplines and law.  And with this progress comes a tremendous responsibility for those with access to the halls of power and capital. How we use this access, and in turn develop the access of those less privileged, will either contribute to the solitudes or move us towards amelioration, reconciliation and justice. 

 

 

 

Some Related Statistics Canada References

General Social Survey (GSS) on Canadians' Safety (Victimization)" (2004, 2009, and 2014)

"Uniform Crime Reporting Survey" (1998 to 2015)

"Homicide Survey" (1961 to 2015)

"Integrated Criminal Court Survey" (2000/2001 to 2014/2015) 

"Youth Custody and Community Services Survey" (2014/2015)

"Adult Correctional Services Survey" (2000/2001 to 2014/2015) 

"Transition Home Survey" (2013/2014)

 

"Police Administration Survey" (1991, 1996, 2001, 2006, and 2011)

 

"Canadian Census" (1991, 1996, 2001 and 2006)

 

"National

Videos

Robson Crim Trailer

Published: Jun 29, 2017

A brief video overview of Robsoncrim's mission: At Robson Crim, Canada's criminal law blawg (law blog), we are committed to legal education outside of the ivory tower. This space provides reflections on current issues in criminal law. We adhere to open access principles: these pages are open and accessible to all. We will also consider submissions from readers and students at Robson Hall and beyond. Welcome to Robson Crim and stay tuned for regular updates, stories and blawg posts.