“The CCIL Annual Conference was beneficial to me for several reasons,” Turnbull reflected. “It provided an invaluable opportunity to deepen my understanding of international law and to hear directly from leading experts on topics that I would not otherwise encounter in Manitoba or at my stage as a 2L student. It also allowed me to reconnect with colleagues and form new relationships with students and practitioners working in areas of law that closely align with my interests.”

Turnbull came to law school already with an interest in international relations and foreign policy, having taken an international law course during his undergraduate political science degree at the University of Manitoba. Since then, he has looked for opportunities in international studies and was ultimately able to participate in the Queen’s International Law Program last summer, finding it a very formative experience. “While I find all areas of international law compelling, my primary career interest lies in international criminal justice,” he said. “Criminal law is my main academic interest at Robson Hall, and this area offers a meaningful opportunity to apply those interests on a global scale. As I learned through the Queen’s program, entry into the field is highly competitive, and gaining three to five years of relevant experience along with an LLM is often essential.”

Further, he said, “More broadly, my interest in international law is deeply rooted in my love of politics. As a middle power, Canada relies heavily on a rules-based international order and on free trade, and I am drawn to the role that international law plays in sustaining those systems, particularly at a time when these global principles appear to be in decline.”

At November’s conference, Turnbull gained meaningful insight into the challenges facing Canada and the international community, as well as the realities of entering a field that he noted is expected to undergo significant cutbacks in the coming years, right when he is hoping to join it. “Although some of my peers view international law as a field of limited value due to its imperfections, being surrounded by individuals committed to strengthening and improving the discipline reaffirmed for me that it remains an area of law worth engaging with,” he said, undaunted.

Rather than choosing a practice area solely based on practicality, he is determined to follow one that he is genuinely interested in. “Despite many sessions addressing issues without clear or immediate solutions, the optimism and passion of those working to improve the international sphere and the lives affected by it were deeply motivating,” he observed. “The idea of contributing to progress, even when it is incremental or appears to move backward, feels like a meaningful and worthwhile pursuit.”

Similarly, Johnson shared that as a second-year law student, he is also starting to explore what areas of legal practice interest him. “As someone who has always had a keen interest in areas like history, politics, and geography, it is exciting to learn more about an area of law that addresses truly global themes like human rights and international law of armed conflicts,” he said.

“The highlight of the conference for me was the panel that focused on international law within the context of the Israel-Palestine conflict,” said Johnson. “It was a powerful discussion that brought together a former IDF (Israel Defence Forces) member who negotiated on behalf of Israel during the Oslo Accords, a Palestinian woman who grew up in the West Bank and now works in the non-profit humanitarian space, and other international lawyers to talk about the complex legal dynamics of the conflict. It showed the overlap of the often-intense emotions associated with humanitarian crises and the technical legal components of sorting out the legality of armed conflict.”

Both Turnbull and Johnson left Ottawa having found the conference extremely rewarding and a tremendous learning opportunity.

“The Faculty of Law is fortunate to have many excellent law professors and practicing professionals; it is never easy to choose amongst them,” said Dr. Jennifer L. Schulz, chair of the teaching awards selection committee. “This year, Dr. Khoday and Ms. Fenske unanimously rose to the top. The selection committee was so impressed with both of their teaching prowess, dedication to students – in and outside of the classroom – and genuine love of teaching. They are truly very deserving recipients of their respective awards.”

Barney Sneiderman Award

The Barney Sneiderman Award honours a late beloved faculty member who taught Manitoba law students from 1969 until the year of his passing in 2006. Friends and family remember Barney as being eternally curious, confidently irreverent, and passionately interested in connecting with people from all walks of life. He was a devoted educator, in the classroom and beyond, through his writing (of academic texts and op-eds) and his speaking (on the radio and at conferences). He was a devoted husband and father to his wife and three children as well as an ardent educator. He strove for excellence in all he did and would be delighted to know that an award to recognize excellence in teaching was created in his name to foster the dedicated teachers who have followed his example with a love of learning.

Dr. Richard Jochelson, Dean of Law, presents Dr. Amar Khoday with the 2025 Barney Sneiderman Award for Teaching Excellence.

Dr. Khoday joined the faculty in 2012 and is an associate editor and regular contributor to the Criminal Reports published by Thomson Reuters and is a co-author of the National Judicial Institute’s Criminal Essentials eLetter.

He earned his JD from the New England School of Law in Boston, and his LLM and Doctor of Civil Law from McGill University in Montreal.

He has won awards for both his teaching and research including the prestigious Terry G. Falconer Memorial Rh Institute Foundation Emerging Researcher Award in the Humanities in 2021, and he previously won the Barney Sneiderman Award in 2020.

“I am tremendously honoured to have received this award again. This is in part due to the immense esteem many graduates and colleagues hold Barney Sneiderman,” said Khoday. “It is also gratifying that my approaches to teaching and excitement about the topics I address, resonate strongly for various people. Thank you to those who nominated me. Lastly, it is a privilege working in a faculty with so many colleagues who are thoughtful and devoted to their teaching.”

Dean’s Award for Teaching Excellence for Sessional Instructors (Practising Professionals)

This award is given in recognition of professional commitment beyond the call of duty to the student experience, innovative teaching methods, development of instructional materials, coaching of students in competitions, or contributions to student development outside the classroom.

Dr. Richard Jochelson presents Allison Fenske with the 2025 Dean’s Award for Teaching Excellence. Allison Fenske joined the Faculty of Law in 2023 as Clinical Counsel.

Caption: Dr. Richard Jochelson presents Allison Fenske with the 2025 Dean’s Award for Teaching Excellence.Allison Fenske joined the Faculty of Law in 2023 as Clinical Counsel.

She is a member of the clinical practice team which includes acting as Director of the University of Manitoba Community Law Centre – a long-standing partnership with Legal Aid Manitoba providing law students with the opportunity to represent individuals who would not otherwise receive legal aid. She is also part of leading the newly formed International Human Rights Clinic. Allison has taught courses at the Faculty of Law as a sessional instructor.

Allison obtained her LLB from the University of Manitoba in 2007 and since then, her legal practice has primarily focused on human rights, administrative and constitutional law, navigating legal issues through a lens of social inclusion and advancing the rights of people and communities marginalized through state and systemic oppression.

Allison was also recognized this year at the University of Manitoba’s Student Teacher Recognition Reception (STRR) when Cody Buhay (3L) chose her as the educator who made the most impact on his post-secondary career.

“One of the Faculty’s greatest strengths is its innovative approach to experiential learning,” said Fenske. “It’s a privilege to support and empower students as they move from theory to practice, developing their legal skills and cultivating a commitment to access to justice. I am beyond honoured to receive this award, but the real reward is being a part of students’ learning journeys as they grow into formidable advocates.”

For the first time in recent memory, the University of Manitoba Faculty of Law fielded a full team at the Isaac Moot, of which the Appellant team of Quinn Thomas (3L) and Talia David (3L) emerged as champions and brought the Isaac Moot Cup home to Winnipeg. Team members Thomas and Apara Grace (2L) were also both nominees for the “Spirit of the Moot” award, which goes to an individual who best exemplifies the late Justice Isaac’s passion for diversity and social justice by advancing the most innovative and compelling critical race theory argument.

Coaches Michael Badejo [JD/22] (Fillmore Riley), Deborah Yeboah (TDS), and Chimwemwe Undi [BA/16; JD/20] (TDS), worked with Thomas and David, Kira Wardrop (2L), Grace, (Respondent team), and team researcher Kennedee Hills (3L).

Thomas described the Moot as focusing on “an area of the law in which issues of equity and diversity arise and requires law students to incorporate elements of critical race theory into their arguments.”

Talia David presents her argument for the Appellant team while her teammate Quinn Thomas listens. Fellow Manitoba team members Kennedee Hills and Kira Wardrop listen in the row behind. Photo credit: Blessing Uja, BLSAC.

The unique aspect of this Moot, Thomas explained, is that “allows students to explore both theoretical and doctrinal arguments in a way that few Canadian moots do. The thrust of a doctrinal argument must be rooted in reference to traditional legal authorities, whereas the thrust of a theoretical argument is normative – it concerns what Canadian law should be, not what it is.”

This year’s Moot problem required students to look at issues underlying the current test for racial profiling using as the foundation of the problem, the majority and dissent rulings of the Saskatchewan Court of Appeal in R v Ali, 2023 SKCA 127.

The 18^th Annual Isaac Moot made history with the largest number of participants since the Moot first started in 2008. The Moot is entirely organized by the Black Law Students’ Association of Canada, and this year, 26 teams from 15 Canadian law schools and a first-ever team from the United States of America took part.

Judges for the final round, before whom Thomas and David had the opportunity to present oral submissions, were The Honourable Justice Mahmud Jamal, Supreme Court of Canada; Chief Justice Michael H. Tulloch, Ontario Court of Appeal; and Associate Chief Justice Aston J. Hall, Ontario Court of Justice.

Moot Champions with Final Round Judges, left to right: Talia David, Justice Mahmud Jamal (SCC); Chief Justice Michael H. Tulloch (OCA); Associate Chief Justice Aston J. Hall (OCJ); Quinn Thomas. Photo credit: Blessing Uja, BLSAC.

For students wishing to compete in the Isaac Moot, no prerequisite courses are needed, and this year’s team described the experience as a ‘learn as you go’ endeavour. In a LinkedIn post, David thanked the team’s three coaches, saying, “Our growth over the past few months is largely due to their encouragement, feedback, and unwavering support. I am also very grateful for the guest judges who took the time out of their extremely busy schedules to attend our practices, our judges in the preliminary rounds of the Moot, and the rest of the Manitoba team. I also want to thank Professor Amar Khoday for taking the time to sit down with our team and have an open discussion about Critical Race Theory.”

Being paired with a team member who is a good partner was also an important factor to mooting success. David added in her post, “Lastly, I owe the biggest thank you to my co-counsel, Quinn Thomas. I am extremely fortunate to have been paired with someone who constantly pushed me, checked in on me, and with whom I was always completely in sync. I could not have asked for a better partner.”

Quinn Thomas and Talia David with the Isaac Moot Cup.

For more about this Moot, please read the Black Law Students’ Association of Canada Julius Alexander Isaac Moot Magazine.

Twelve students showcased their work across four different thematic panels including Human Rights, Equity and Socio-Economic Rights; International Human Rights Law – Comparative, Indigenous Peoples, Race Relations; International Human Rights Law – Identifying, Shaping & Realizing Rights; and Human Rights and Justice – Case Studies.

Keynote speaker, Senator Marilou McPhedran.

Dr. Mary Shariff [LLB/02], Professor of Law and Director of the Master of Human Rights Program, introduced this year’s keynote speaker, Senator Marilou McPhedran, who discussed instances she has witnessed throughout her career of the need for Human Rights activism and the life-saving effects that evidence-based advocacy has had on such efforts. “Evidence-based advocacy is what makes for a turning point,” she told students.

The former lawyer and University of Winnipeg Global College professor and dean, then remained in the audience throughout the afternoon to take notes, listening carefully and asking questions following each presentation.

Each panel was moderated by an expert who also facilitated the question-and-answer sessions following each presentation. These individuals included:

• Amar Khoday, Professor at the UM Faculty of Law who specializes in the intersection of law and resistance. He teaches courses in criminal law and immigration law at Robson Hall, among other topics related to resistance and challenging injustice.
• Ran Ukashi, Manager and Research and Head of Knowledge Translation at the Canadian Museum for Human Rights, who oversees the conduct of research supporting the Museum’s curatorial, programmatic, educational and digital initiatives. His doctoral degree in Peace and Conflict Studies from UM’s Arthur V. Mauro Institute for Peace and Justice focused on international conflict resolution and management, and international peace keeping.
• Laurelle A. Harris, K.C., [LLB/01] Director of the Internationally Trained Lawyer Program, Equity and Transformation at the UM Faculty of Law who leads anti-racism education, policy reform and systemic reviews, including at the Canadian Museum for Human Rights.
• Marc Kruse [JD/15], Director of Indigenous Legal Learning and Services at the UM Faculty of Law. In addition to engaging in academic research on social justice education and Indigenous educational ethics, he practices as a criminal defence lawyer at Rees Dyck Rogala Law Offices. He co-teaches the Indigenous Methodologies and Perspectives course at the UM Faculty of Law and is a proud member of Muscowpetung First Nation in Saskatchewan.

The Faculty of Law, together with collaborators and advisors from the Faculties of Arts, Education and Social Work and practicum site supervisors, extends sincere congratulations to all students on their hard work. We look forward to celebrating their upcoming graduation.

Students and their respective symposium topics are as follows:

Panel One: Human Rights, Equity & Socio-Economic Rights
Panel Moderator: Dr. Amar Khoday

Avery Selby-Lyons

Paper title: “A Matter of Human Rights, Not Luxury: Enacting Legislation for Uniform Guaranteed Access to Menstrual Products Across Canada”
Practicum site: PERIOD
Advisor: Dr. Rory Henry
Site supervisor: Damaris Pereda

Irene Uwase

Paper title: “Rural Women, Cooperatives, & Legislative Action in Addressing the Gender Pay Gap in Rwanda”
Practicum site: Canadian Centre for Policy Alternatives
Advisor: Dr. Jesse Hajer
Site supervisor: Molly McCracken

Augustine Caesar Nyero

Paper title: “Refugee Resettlement & Access to Socio-Economic Rights – Role of Settlement Agencies in Manitoba”
Advisor: Dr. Laura Rosenoff Gauvin
Practicum site: Immigrant and Refugee Community Organization of Manitoba (IRCOM)
Site supervisor: Carol Reimer

Panel Two: International Human Rights Law – Comparative, Indigenous Peoples, Race Relations
Panel Moderator: Dr. Ran Ukashi

Talia Mohammed

Paper title: “Ethnoracial Relations in Trinidad and Tobago: Analyzing how Racial Divisions Among Political Parties Block Progressive Realization”
Advisor: Dr. Amar Khoday
Practicum site:  Manitoba Association of Rights and Liberties (MARL)
Site supervisor: Sandra Krahn

Piaroa Nunez

Paper title: “Dispossession, Violence, Resistance: First Nations and Mapuche Women in the Face of Settler Colonial Patriarchy”
Advisor: Dr. Adele Perry
Practicum site: National Centre for Truth and Reconciliation
Site supervisor: Kaila Johnston

Priscila Alves Werton

Paper title: “Indigenous Genocide and the Pandemic: The Case of Brazil”
Advisor: Dr. Kjell Anderson
Practicum site: Canadian Museum for Human Rights
Site supervisor: Dr. Ran Ukashi

Panel Three: International Human Rights Law – Identifying, Shaping & Realizing Rights
Panel Moderator: Laurelle A. Harris, K.C.

Kyra Campbell

Thesis title: “Reproductive violence in Armed Conflict: International Law and the Case of Gaza”
Advisor: Dr. Nathan Derejko 

Imtiaz Mahmud

Paper title: “A Critical Emanation of Bangladesh’s Climate Change Strategy and Action Plan (CCSAP) from the Adaption Perspective”
Advisor: Dr. Nathan Derejko
Practicum site: Canadian Museum for Human Rights
Site supervisor: Dr. Ran Ukashi

Atefeh Abedinpour

Thesis Title: “International Humanitarian Law under the Light of the Human Right to a Healthy, Clean and Sustainable Environment”
Advisor: Dr. Nathan Derejko

Panel Four: Human Rights and Justice – Case Studies
Panel Moderator: Marc Kruse

Victoria Nelson

Paper Title: “The Overlooked Human Rights Violations in Prisons and the Case Against the Death Penalty”
Advisor: Dr. Rick Linden
Practicum Site:  MARL
Site Supervisor: Sandra Krahn 

Wendy Daphne Ochola

Paper Title: “Reinterpreting Article 33 of the Convention on the Rights of the Child: A Case for Harm Reduction as a Rights-Based Approach to Child Protection”
Advisor: Dr. Nathan Derejko
Practicum Site: Manitoba Harm Reduction Network
Site Supervisor: Jonny Mexico

Stella Louku

Paper Title: “Impact of Forced Early Marriage on Public Secondary Education: Maasai Girls in Kenya”
Advisor: Dr. Bruno de Oliveira Jayme
Practicum Site: MARL
Site Supervisor: Sandra Krahn

The Canadian Law Student Conference, hosted by the Windsor Review of Legal and Social Issues, offers law students the unique opportunity to present their work and receive feedback from faculty and peers. The Conference takes place over a two-day period in Windsor, Ontario and is attended by faculty, law students, practitioners, and judges from across Canada. This year’s Keynote Address was given by The Honourable Justice Malcolm Rowe of the Supreme Court of Canada, who visited Robson Hall on March 28.

Professor Jennifer Schulz, who is also the Associate Dean of the Juris Doctor program and an author of multiple books and other academic research publications herself, had encouraged all law students to consider submitting papers to the conference earlier this year.

London, who will be clerking with the Tax Court of Canada upon graduating, submitted a paper titled “The Regulated Wild West: Sports Betting and Dispute Resolution in Canada”. He wrote the paper for the Dispute Resolution course taught by Professor Jennifer Schulz. “I’d encourage others to apply for conferences, journals or paper awards, because there are a lot of opportunities available across the country,” said London.

Justin Papoff (3L) presents his paper written for Professor Michelle Gallant’s Dispute Resolution class.

Papoff, who will article at MLT Aikins LLP in Winnipeg upon graduation, presented his paper titled “Holding the Kids Hostage: What Family Lawyers Can Learn from Hostage Negotiators. The paper was written for Professor Michelle Gallant’s Dispute Resolution class during the Fall 2023 semester.  “I submitted the paper because I thought that my comparison of hostage negotiations and family disputes was a unique one that could lead to further research into the topic by others,” said Papoff. “By adopting skills used by hostage negotiators such as active listening, empathy, trust, and rapport, I believe lawyers can facilitate behavioral change and enhance cooperation in family disputes.”

After presenting, Papoff fielded questions from peers, and found this to be an important learning experience that gave him new ideas and opportunities for self-reflection. “I was also fortunate to learn about many interesting issues as they intersect with the law, including environmental racism, India’s caste system, and the digital privacy of children,” he said, noting some of the other impactful presentations he experienced.

Simpson presented on the topic of “Learning from Feminist Methodologies: A Way Forward for the Human Rights Approach to Disability-Based Persecution.” The paper was written for Dr. Amar Khoday’s Refugee Law class and discussed the types of harms that have been found by refugee decision makers to qualify as persecution based on disability for which refugee protection should be afforded. Simpson argued that these forms of harm are too anchored in traditional conceptions of harm that lead to the adoption of the Refugee Convention and are not responsive to the lived experiences of persons with disabilities nor the international human rights instruments that have been adopted to reflect unique positionalities of these persons. 

“[Professor Khoday] was very supportive and provided comprehensive feedback that helped me to develop the paper into something I wanted to share and that I hope to continue to develop, and this Conference was a great opportunity to get more feedback and hear about some work other students are doing in the topic,” said Simpson.

This Conference helped me to see how other students are taking their findings and making concrete and implementable recommendations based on them which has assisted me in improving my own paper.

– Megan Simpson (3L)

The panel Simpson presented on was entitled “Interdisciplinary Perspectives.” On the whole, the Conference showed Simpson how much there is to learn from other legal and non-legal disciplines. 

Lamari’s paper titled “Not Without Health: The Accessible Canada Act and Canada’s Failure to Implement the CRPD,” was written for the Human Rights Law course taught in the Fall term by Assistant Professor Nathan Derejko, Mauro Chair in Human Rights and Social Justice. “He recommended I try to publish it, so I will be looking into that after the conference,” said Lamari, who presented at 3:00 p.m. Winnipeg time via Zoom on March 22.

The McGill event is a hybrid bilingual student colloquium with students from across Canada presenting research on disability and human rights. The keynote speaker this year was Professor Stephanie Chipeur, Law and Disability Policy professor at the University of Calgary.

“The Desautels Centre is growing and it will take a village to ensure its success,” said Dr. Richard Jochelson, Dean of Law. “Congratulations to all our new appointments in these important roles. We look forward to a bright new future at the Desautels Centre.”

Since its inception in 2007, the Desautels Centre has undergone a number of stages of growth in its progress towards finding a balance between providing effective experiential learning opportunities for students and serving Manitobans needing help with business law matters. Partly through the L. Kerry Vickar Business Law Centre for-credit clinical course, the Desautels Centre provides future lawyers and their clients with a better understanding of the opportunities and challenges facing privately held businesses. The Centre’s areas of strength include Law and Technology, Business Organizations, Business Transactions and Obligations, Financing and Insolvency, and Alternative Dispute Resolution.

Darcy MacPherson, Professor, Faculty of Law

As the Desautels Centre’s Research Director, Professor MacPherson will serve as Faculty editor of the Desautels Review of Private Enterprise & Law, including its paper competitions and social media activities. He will run the Desautels Research Seed Funds competition, organize regular meetings of the Desautels Research Cluster and develop new initiatives to promote and celebrate private enterprise research. This will include developing and organizing a Desautels Conference, forming strategic partnerships with publishers, publications and scholarly associations to advance the mandate of the Desautels Centre, and building a broad network of Affiliated Researchers.

“To me, the Desautels Centre provides the Faculty of Law with a unique opportunity to do research and other programming that will be of relevance, not only to Manitoba, but also to private enterprises across the country as they develop, grow and prosper,” said MacPherson.  “Private enterprise and the law that surrounds it are key economic drivers in Manitoba and in all of Canada.

My goal is that the Centre and its Associates will provide top-flight research for entrepreneurs and others, including our students, who will have a front-row seat and immediate opportunities to learn while they are at Robson Hall, and the ability to use that knowledge for the benefit of their business clients when they leave us.”

Dr. Rebecca Jaremko-Bromwich

As Academic Co-Directors, Professor Trask and Dr. Jaremko-Bromwich will run the Desautels Centre Blog, Case Reporter and social media, plan and organize several Desautels lectures per year, and develop and administer new student prizes and awards related to private enterprise. They will also oversee curriculum development including a forthcoming Private Enterprise Concentration and the development of new courses related to private enterprise. Finally, the newest and most exciting development for which they will be responsible, will be bringing to fruition a new joint JD/MBA program in collaboration with the Asper Chair in International Business and Trade Law.

“I am tremendously excited about what we can build together here with the Desautels Centre and L. Kerry Vickar Business Law Clinic, collaboratively providing a hub for business excellence in Manitoba by serving access to Justice, and leading research and education,” said Jaremko-Bromwich.

Brandon Trask, Assistant Professor, Faculty of Law. Photo Credit: Dr. Amar Khoday.

“I’m honoured to have the opportunity to help the Desautels Centre at this exciting stage in its development, said Trask. “In addition to assisting with the growth of the academic program, I look forward to helping to foster partnerships and build important connections across disciplines, institutions, and organizations. It’s vital to recognize that it is possible—and indeed essential—to have success in private enterprise connected to prosperity for society as a whole.”

MacPherson has numerous private law publications and practice expertise having been an associate lawyer at what was then known as Tory, Tory, DesLauriers and Binnington (now Torys LLP). A Cambridge graduate, he has expertise in Corporate Law, Agency and Partnerships, Commercial Law, Contracts, Advanced Corporations, and has, over a number of years, been instrumental in coaching the Corporate/Securities Law Moot. He has also become an expert on corporate criminal liability and brings experience as a co-managing editor of the Manitoba Law Journal to the portfolio.

Trask completed graduate work at the University of Toronto under the supervision of Professor Michael Trebilcock, specializing in the area of law and economics. He also has research expertise in political economy, economic regulation, hydro-electric regulation and labour negotiations. Trask also dealt with white collar crime files during his extensive practice career with the Crown.

In addition to her doctoral studies, Jaremko-Bromwich has an MBA and mediation training from Harvard. She has years of experience with Gowling WLG and was involved in ensuring big firm corporate and commercial practice was apprised of EDI fundamentals. She has taught at the Sprott School of Business and has also been a successful business person, running a multi-million dollar business.  YWCA Woman of Distinction Award Winner.  Both of the Academic Co-Directors have extensive publication output.

Dr. Laura Reimer, who currently serves as Master of Human Rights Practicum Program Coordinator, will assist the Desautels Centre with program development in the JD/MBA and related areas and provide program development support for the Directors in running the blogs, case reporter, guest speaker events, conferences and the Desautels Review.   Reimer, in addition to her doctoral training, has multiple credentials in mediation, extensive experience in program development and also brings business expertise from time working in Human Resources with The Bay, Steinbach Credit Union, Mordyck Auctions, Momentum Software, Online Business Systems and in providing training in workplace conflict. She has an extensive publication record and related expertise in Indigenous education policy, and is currently involved in other program development responsibilities at the Faculty of Law.

For more than 50 years, the Rh Awards have been in place to support the advancement of knowledge across disciplines at UM. Funds for the Rh Awards come from the royalties of serums and medical formulae invented and perfected at UM.

Awards are given in two categories: The Dr. John M. Bowman Memorial Winnipeg Rh Institute Foundation Award, awarded to one established faculty member annually and the Terry G. Falconer Memorial Rh Institute Foundation Emerging Researcher Awards, awarded to seven early career faculty members.

Dr. Peter Nickerson, vice dean (research), Flynn Family Chair in Renal Transplantation, and distinguished professor at Max Rady College of Medicine, Rady Faculty of Health Sciences is the recipient of the Dr. John M. Bowman Memorial Winnipeg Rh Institute Foundation Award in recognition of his life altering and life-giving research contributions to the field of transplant immunology medicine. Nickerson and his team significantly enhances patients’ access to transplants, reduced their risk of rejection, and improved their quality of life for patients all around the world.

Terry G. Falconer Memorial Rh Institute Foundation Emerging Researcher Award recipients are:

Applied Sciences (two recipients):

Dr. Sabine Kuss (Chemistry) investigates molecule transport across cell membranes in the UM Department of Chemistry. The overall goal of her work is to detect diseases, and to understand phenomena such as drug resistance. In the Kuss research team cost-efficient diagnostic tools are being developed that will save time and, more importantly, lives.

Dr. Filiz Koksel (Food & Human Nutritional Sciences) is a food scientist in the Faculty of Agricultural and Food Sciences. Her research program aims to tackle issues of world hunger with sustainable plant-based foods. They are also developing new ways to monitor and improve the quality of Canadian crops on their way from the field to our tables.

Health Sciences – Dr. Natalie Mota (Clinical Health Psychology) studies the impacts of trauma exposure among military service personnel and other high-risk public safety occupations. She specializes in identifying resilience factors that mitigate post-traumatic stress disorder and other related conditions. The goal of her research is to develop new prevention and treatment programs for PTSD on a larger scale.

Humanities – Dr. Amar Khoday (Law) studies the connections between resistance and the law. For Dr. Khoday resistance takes many forms to confront, and sometimes influence the law. His research considers how acts of resistance become legitimized by legal norms, or through popular narratives in film, music and other media.

Interdisciplinary – Dr. Aleeza Gerstein (Microbiology and Statistics) studies the evolution of human fungal pathogens to understand drug resistance and the conditions that promote virulence. Her interdisciplinary lab combines clinical sampling, microbial experiments, bioinformatics and statistical methods. Her work seeks to identify new treatment strategies with special interest in chronic condition that affect women.

Natural Sciences – Dr. Raphaël Clouâtre (Mathematics) studies operator algebras which arise in the mathematical foundations of quantum mechanics. The goal of the research program is to develop tools to better handle an absence of symmetry. The theory resulting from Dr. Clouâtre’s work underlies recent developments in operator algebras and operator theory.

Social Sciences – Dr. Fenton Litwiller (Kinesiology and Recreation Management) conducts ethnographic research into gender, euphoria and queer joy. They are currently developing a research project studying gender, youth and sexuality by connecting young people to needed community allies and resources. In this project, mentors work with youth to promote well-being and explore gender through makeup, movement to music and costume.

To learn more about research excellence at UM, visit our Awards and Recognition webpage.

Tell us a bit about yourself and your research.

I’m somewhat eclectic in my approach to legal scholarship and the subjects that I cover. I’m attracted to historical and/or comparative approaches to studying law. There’s probably a reason for that. Prior to studying law, I completed undergraduate and graduate degrees in history. My interest in history has certainly influenced some of my writing. In addition, because I obtained my J.D. in the United States and my graduate legal education in Canada, I’m often interested in examining how different jurisdictions approach similar legal issues.
Generally, my research has tended to hover around three broad areas of study. The first focuses on aspects of criminal law and procedure. Stretching back to my days as a law student, I’ve been fascinated by law enforcement’s use of trickery when conducting interrogations and investigations. In addition, some of my recent work has examined themes concerning racism and criminal justice.

My second area of research delves into the connections between law and resistance. I’m captivated by how courts and legal systems respond to acts of resistance, and especially those moments where law can serve as a protective mechanism for resisters. During my doctoral studies, I examined this interplay through the lens of refugee law. Since then, I’ve been looking to focus on other areas of law that interact with acts of resistance, including criminal law and the law of evidence. This interest in law and resistance prompted me to create a seminar course at the law school which I’ve been teaching since 2015.

Lastly, I’ve been interested in how law, as well as participants within legal systems are depicted in various mediums of popular culture, such as films, television, literature, and music. Law is present in so many story lines that exploring the connections between law and popular culture just makes sense. Just to give you an example of its appeal, I am going to be participating in late June in a continuing legal education seminar on Star Wars and the Law. This seminar will involve both legal academics and practitioners and indeed this was initiated by a member of the practicing bar.

Why is this research important?

Regarding my law and resistance research, its significance lies in focusing attention on the ways that legal systems may legitimize certain forms of resistance. An example of this may be where officers or soldiers in a particular military seek refugee status for engaging in desertion to avoid being associated with military actions that are condemned by the international community as contrary to basic rules of human conduct.

Another important aspect of this research is to highlight and examine instances where individuals or groups, through their resistance, may bring about political, social, economic, or legal transformations within a given society or government. In studying such developments, one might examine the goals of these resisters, the means they’ve employed, the targets of their resistance, and issues of proportionality.
With respect to my criminal law and procedure scholarship, it is important to consider the ways in which law enforcement officers perform their investigative responsibilities and how courts place or ought to place limits on police conduct. A lack of judicial oversight is likely to have significant consequences, not the least of which might include wrongful convictions.

What does the Rh Award mean to you?

Given the stated purposes of the Rh award and the fantastic work so many researchers across the university are engaged in, it’s a truly humbling experience to receive this award. It arrives just as I’m approaching my ten-year anniversary here at the University of Manitoba. The Rh Award is a nice recognition of the scholarship I’ve produced during my first decade as an academic.
In addition to the recognition, the monetary aspects of the Award will provide significant assistance, particularly with respect to hiring students as research assistants. This will, in turn, help them gain research experience and earn some money while doing it.

What do you hope to achieve in the future?

Much of my work, up to now, has been focused on articles, book chapters in edited collections and blog posts. In the next five to ten years, I would like to make the shift toward writing books.

With respect to subject matter, I hope to further explore certain areas of interest – which will likely tie-in to my main research areas mentioned earlier. For example, drawing from my earlier training in history prior to embarking on a path in law, I’d like to do more work in legal history. An article of mine was published in the Osgoode Hall Law Journal late last year where I wrote a legal history of a Supreme Court of Canada case from 1977, Smithers v. The Queen. This decision is assigned in many criminal law courses across Canada annually. My article examined the previously uninterrogated racial dimensions of the case and how the Court largely left out the issue of racism in constructing its factual narrative of what transpired. In undertaking this research, I dug into the trial transcript, the legal documents submitted to the Supreme Court of Canada, as well as newspaper articles from the period. In writing this history, I also drew on critical race theory, which I’ve used in other writing and intend to employ in future work too.

What about you would people find surprising?

I guess it would depend on which people we’re talking about! Perhaps, it might surprise some people that I love portrait and dance photography. I used to do a lot of photography and digital editing well over a decade ago. This was more of a hobby than anything else, but I also had a few paid gigs. Eventually, I became more focused on my doctoral studies, then my job etc. My photography took a back seat. However, I sometimes manage to shoot portraits upon request. Every now and again, I’ll dig back into my old work and post something on Instagram.

Any advice for early career researchers and students?

In connection with research, one bit of advice that I share with law students in my seminar courses is for them to consider further developing their research papers once the course is over with a view toward submitting them for publication. Students’ research and insights might be helpful to others who have an interest in the subject matters about which they’re writing. To foster law students toward developing their papers towards publication, I offer to provide suggested edits and feedback, in addition to advice on possible venues to submit their work.

Beyond knowledge dissemination, there may be added benefits or opportunities that come from such efforts. For instance, it might catch the attention of some employers when reviewing a job application to see an applicant who has submitted an article for publication, or more so, already possesses a publication record. Many students have very good grades, so one way to stand out is to go beyond having a good academic transcript – getting published is one way to accomplish that. It tends to signify an ability to write in a more sophisticated way, to conduct research, and to carry an idea from inception to publication. It is also indicative of someone with perseverance and initiative.

The paper is titled “Negotiating About Bad Faith: The Effect of Honda on Wrongful Dismissal Settlements,” and examines a gap in legal literature on the negotiation of dismissal settlements left by the Supreme Court of Canada’s 2008 decision of Honda Canada Inc. v. Keays which revised legal principles regarding employers’ duty of good faith in the dismissal process. “Since this decision, opinion has been sharply divided about the case’s potential impact on employers and employees,” Curran explained in his abstract.

Dr. Bruce Curran. Photo by Dr. Amar Khoday.

“In order to address this gap in the literature,” he continued, “I performed an experiment involving the negotiation of a fictitious wrongful dismissal lawsuit with allegations of employer misconduct.  I randomly assigned 288 law students into either a Honda-era condition or a pre-Honda-era condition.  Each student was assigned the role of employer counsel or employee counsel, and paired for a negotiation with a student playing the role of the opposing counsel.  Negotiators were provided with a package that contained confidential information related to their client’s experiences and settlement preferences, and a summary of the law of the relevant era.”

The results of this experiment suggested to Curran that from an employee perspective, there may be less cause for concern about Honda’s impact than originally thought. “While wrongful dismissal cases involving bad faith allegations may be marginally more difficult to settle now than in the pre-Honda era,” Curran concluded, “where a settlement is reached it is equally likely to include some amount of compensation for bad faith conduct, and the amounts of bad faith payments have not changed since Honda.  A number of legal developments since the time of the previous empirical study help to explain this lack of difference in the eras, and the negotiation literature also assists in explaining the results, including the concepts of anchoring and corrective justice.”

Curran attributes much of the research paper’s success to the help of law students and the Faculty of Law: “I have been very supported by the Robson Hall community in this project,” he said upon receiving word of the award. “The students of Robson Hall invested substantial time to act as subjects. The Legal Research Institute of the University of Manitoba and The Manitoba Law Foundation gave financial support. Also, two law students, Caylene Foley and Edvanny Silva Burns, provided able research assistance.”

Curran is in the process of preparing the work for publication in a peer-reviewed law journal.

With governments working to roll out COVID-19 vaccines more broadly, some Canadian jurisdictions are considering “vaccine passports,” which would be proof that the holder has been vaccinated. These documents would be intended to facilitate international travel. But we must be vigilant against any efforts to deploy them domestically that would discriminate against people who have not been inoculated.

Provinces’ musings on the issue have been all over the map. Manitoba Health Minister Heather Stefanson quite rightly made clear that “employers and other parties should not be requesting proof of immunization for any purpose.” On the other hand, Ontario Health Minister Christine Elliott has said that vaccine passports are “going to be really important for people to have for travel purposes, perhaps for work purposes, for going to theatres or cinemas, or any other places where people will be in closer physical contact.”

In essence, some governments appear willing to shame or coerce people into being vaccinated through a domestic vaccine passport regime – one that would result in the exclusion of unvaccinated individuals from some everyday activities, effectively making vaccines the required cost of living in society.

Brandon Trask is an Assistant Professor at the Faculty of Law, University of Manitoba. Photo Credit, Dr. Amar Khoday.

From a public health perspective, it is fair to say that governments everywhere would prefer to make COVID-19 vaccines compulsory. The United States has a long history of such regimes; mandatory vaccination has been deemed constitutional by the U.S. Supreme Court as early as the early 20th century. However, in Canada – where we don’t have such a history, and where governments tend to place more of an emphasis on citizens volunteering to act in the common good – directly mandating vaccinations is likely impermissible due to the Charter, which guarantees the right to life, liberty, and security of the person. If governments were to proceed with directly mandating vaccinations, they could cite section 1 of the Charter, which declares that rights and freedoms are subject to “reasonable limits” that can be “demonstrably justified in a free and democratic society.” But it is unlikely that such an argument would be successful, at least at this stage, as it is not yet definitively proven that vaccines prevent individuals from being carriers of COVID-19. And many exemptions would need to be permitted.

However, under a domestic vaccine passport regime – intended to be an indirect way for governments to force vaccines upon the population – the responsibility for checking such documents (which would constitute the gathering of private health information) and enforcing societal exclusion for unvaccinated individuals would fall to the private sector, which includes employers, stores, restaurants and service providers. Private-sector actors are not bound by the Charter. While they must follow applicable provincial human rights codes, it is unclear whether these protections – which vary by province – would be sufficient in all cases to guard against health-related discrimination, based upon whether an individual is willing or able to produce a vaccine passport.

Proceeding in this manner would also send a terrible message. By developing a vaccine passport and endorsing or tolerating its use for domestic purposes by the private sector, a government would effectively be trying to do through the back door what is not permitted through the front.

As Canadians, are we okay with provinces creating a system that actively discriminates against individuals based upon health-related circumstances and characteristics? Our existing legal principles and rights would indicate that we are not. Unfortunately, there have been many examples throughout Canadian history where we have abandoned our principles in difficult times – and our courts have not always stepped in to offer protection for those who have been oppressed as a result. For instance, Indigenous communities seeking to protect their lands and community members have repeatedly been failed by a legal system that neglects to consider foundational Indigenous legal principles. Additionally, the horrific use of internment camps within Canada during the Second World War was upheld by Canadian courts, along with the deportation of Japanese Canadians.

Rather than attempt to impose vaccine requirements on the population – whether overtly or covertly – governments need to focus on developing strong education campaigns so that individuals can make an informed decision to, one hopes, act for the common good.

I, for one, will certainly opt to receive any COVID-19 vaccine when it is offered, but I have no intention of providing a vaccine passport to anyone other than for international travel purposes. A healthy Canadian society is – and must stay – a free and democratic one.