In seeking to further the understanding of the human experience of coerced and forced ignorance on social, human rights and criminal justice related topics, the editors of this book have drawn together scholars from multiple disciplinary fronts. As a whole, the book argues that people in our social world are forced or coerced through either implicatory or interpretive denial that is normalized through specific cultural and social mechanisms by which we refer to as non-knowledge or agnosis.

This book’s focus fills a gap in scholarship examining how human victimization and power intersect through the systematic orchestration of forced ignorance and doubt upon daily human life. The chapters examine the ways in which people find themselves in social spaces without empirical clarity and understand that absence as satisfaction, stability, or perhaps even pleasure. This book seeks to make visible the role of ignorance in governing society, highlighting how the late modern human experience in a post-World War II human rights era subsumes, subverts, and sublimates the complex relationship between knowledge and denial; and that the empirical gulf between knowledge and resistance may indeed breed complicit bliss.

The book includes chapters written by other UM Faculty of Law affiliated scholars including: Assistant Professor Martine Dennie, author of “You Just Roll with the Punches”: The Production of Ignorance in Professional Ice Hockey“; Gacek and Jochelson with former Associate Professor David Ireland [JD/2010; LLM/2014] (now a Manitoba Provincial Court judge), co-authors of “Gone, but Not Forgotten: The Agnotological Necropolitics of Inquest Fatality Reports“; Shawn Singh [JD/2022] and Assistant Professor Brandon Trask [JD/2012], co-authors of “Faded by Design: Manufacturing Agnosis of Settler-Colonialism in an Era of Indigenous Truth and Reconciliation in Canada“; Dr. Katie Szilagyi, author of “Fragmenting Epistemologies: Toward Philosophical Foundations for Machine Learning in Law“; and finally Shawn Singh and Brandon Trask individually with papers titled “Shortfalls of the Bioethical Approach to COVID-19: Vaccine Hesitancy, the Right to Choose and Public Health Management in Canada” (Singh); and “Call It Democracy: The Slippage Amongst Rights, Laws, and Values in Canada During the Pandemic Era” (Trask).

Upon the release of Justice in the Age of Agnosis Jochelson and Gacek addressed some questions regarding the need for this book at this time in this era of widespread access to information and widespread ignorance and misinformation.

What inspired you both to join forces to publish a book on this topic?

Gacek: During the height of the pandemic I watched how various conspiracy theorists seemed to be gaining traction on social media. I, like the rest of the world, was concerned about the uncertainties of Covid-19, but I was also alarmed with how misinformation was being weaponized to attack scientists, academics, and health care practitioners. Speaking to Richard on these topics, we agreed that this production of non-knowledge, or the avoidance of knowledge, seemed to leach into other areas of our social world – like how those who are climate change deniers could also potentially deny the benefits of vaccines, or believed that if they ‘did their own research’ on vaccines they would end up realizing a ‘New World Order’ was coming to replace them (i.e., where we see inklings of white nationalist thought).

[W]e felt it necessary to question whether ignorance was indeed blissful, or if the production of non-knowledge or said avoidance would worsen the conditions of already marginalized populations more so than the privileged. – Dr. James Gacek, Department of Justice, University of Regina

As an academic I’m not immune to hate mail on my justice research and teachings, but even I couldn’t believe the correspondence I received during the pandemic, with the rationales some individuals used to suggest the examples above were facts! Climate change denial, anti-vax conspiracy, white nationalism… the list goes on, but how firmly rooted these perspectives are in these people is where the ruminations on the book began. These people, whether they peddle in ignorance claims or are victims to said claims (or both), exist, and Richard and I became fascinated with them. [This was] where we set out to conceive the book.

Richard and I have worked on projects for a few years now, and given our interdisciplinary research relationship, we felt it necessary to question whether ignorance was indeed blissful, or if the production of non-knowledge or said avoidance would worsen the conditions of already marginalized populations more so than the privileged. Agnotology – the study of ignorance, misinformation, and following on, conspiracy—is a new area for us, but it is where we felt we needed to be having this discussion alongside other pertinent and cognate disciplines like law, socio-legal studies, criminology, and criminal justice (among others). Our discussion slowly evolved into where we assert in the book we are living in now: the Age of Agnosis; the political warfare and weaponization of non-knowledge and avoidance of knowledge to harm people in our world.

Jochelson: I was interested in the seeming disconnect between empiricism and the growing spiritual claims of both the left and right of the political spectrum. This is something I had commented on in 2016 upon USA presidential elections and it was a good example of how the left reacted to that election almost spiritually in its conception of repugnancy of the result. I noted that the left was making claims that were echoing some of the right’s moralistic reasoning during the 1980s.

There seems to be a late modern anxiety about waiting for science, law or disciplinary skill to yield a final result, and we seem to be advocating, shouting down and calling out each other, increasingly and at times, in a vacuum of empirical findings. In other words, in a state of ignorance. – Dr. Richard Jochelson, Dean of Law, University of Manitoba

I had always viewed the left of the spectrum as prizing evidence-based practice. In the intervening years, spiritual polarization between left and right has increasingly mobilized social movements. The Pandemic is a good example, with true believers on both sides of the political spectrum.  There seems to be a late modern anxiety about waiting for science, law or disciplinary skill to yield a final result, and we seem to be advocating, shouting down and calling out each other, increasingly and at times, in a vacuum of empirical findings. In other words, in a state of ignorance. 

What audience can benefit from the knowledge contained in this book and how?

Gacek: A wide range of readers can benefit from this book! Of course, we know undergraduate and graduate students, but also scholars, policy workers, and community activists would benefit from a fresh lens on world issues like what we incorporate here. Justice impacts all in society, but not all equally; how ignorance, misinformation, and conspiracy not only takes root but insidiously pervades our world needs to be further understood.

Jochelson: Agnosis knows no politics. From political actors through to people with main character syndrome, I think readers should challenge their views by reading the book, which contains views across a reasoned political spectrum.

What solutions to the problems of oppression and ignorance does this book offer?

Gacek: It would be easy for us to say that education, like sunlight, would be the best disinfectant to shine light upon what we don’t know – but as agnosis teaches us, the politics of ignorance is profitable. Our contributors, in various ways, demonstrate that it is not just education that we need; we need compassion and empathy for the marginalized; strong legal mechanisms to hold those tasked in the political and private spheres accountable, especially those who peddle in hate and conspiratorial claims; and better ways to reconcile with traumatic histories that still play into contemporary realities for many marginalized groups in society.

Jochelson: I think we need to return to evidence-based practice whether it is the fuel that drives advocacy, social movements or law reform. We need to learn to drop straw person arguments and tether ourselves to the technologies of something more objective than blind belief or wilful spiritualism.

Do the ideas presented in this book scratch the surface of this area of legal research or is there more work to be done in this area?

Gacek: Our book endeavours to challenge readers on how they gain their knowledge of the world, on how we think about accountability for ignorance production, and on the longstanding harms marginalized peoples continuously face because of agnosis. The potential to have a more informed and empathetic world is real, and our book is a starting point for this discussion.

Jochelson: I think it is an opening salvo. I would challenge all social science, humanities and socio-legal scholars to ask themselves about the objective foundations of their arguments. To the extent that their labour is emotional or spiritual, an objective tethering point ought to at least frame the analysis so we engage in critical analysis apprised of the best information.

“While we are sorry to lose such excellent professors, the appointments of Professor Gerald Heckman and Associate Professor David Ireland to the judiciary are a testament to the exceptional quality of expertise and legal acumen at Robson Hall,” said Dr. Richard Jochelson, Dean of Law. “Their appointments reflect the depth of expertise and dedication to justice that our faculty possesses. It is a great loss for us, but Manitoba and Canada gain immensely from their talents. We are confident that Justice Heckman and Judge Ireland will serve with integrity, impartiality, and bring their wealth of knowledge and experience to their respective roles. We wish them every success in their new appointments and have no doubt that they will make significant contributions to the Canadian judicial system.”

Both newly minted Judges are busy cleaning out their offices this summer, since both appointments start almost immediately.

Justice Gerald Heckman.

The former Professor – now Justice Gerald Heckman has much to do having taught administrative law, constitutional law, and language rights at Robson Hall since 2006. He also served as co-director of Robson Hall’s Concentration in Access to Justice in French. Fluent in English and French, Justice Heckman holds a Bachelors of Applied Science (Génie Physique) from Laval University, a Master of Applied Science degree in electrical engineering from the University of Waterloo, a law degree from the University of Toronto, an LL.M. from Queen’s University and a doctorate in law from York University’s Osgoode Hall Law School. He has practiced labour, employment and human rights law and published extensively in the areas of administrative and constitutional law.

Justice Heckman served on the boards of several national organizations, including the Council of Canadian Administrative Tribunals and the Canadian Association of Law Teachers. He regularly participated as a faculty member in judicial education seminars on administrative law organized by the National Judicial Institute and Canadian Institute for the Administration of Justice. Justice Heckman served as a board member and president of the Association des juristes d’expression française du Manitoba, where he promoted initiatives to enhance access to justice in both official languages. 

Throughout his teaching career, he has been presented with several awards including The Barney Sneiderman Award for Teaching Excellence (in 2022 and 2016), the Olive Beatrice Stanton Award for Excellence in Teaching (2016), and the Students’ Teacher Recognition Award (CATL) (2010). This year he received the Faculty of Law’s Extraordinary Service Faculty Award, for his diligence, professionalism, and leadership in providing support to his colleagues in service work on Access to Justice in French and in service work with Manitoba Justice.

“I wish Justice Heckman every success as he takes on his new role. I am confident he will serve Canadians well as a member of the Federal Court of Appeal,” said The Hon. David Lametti, Minister of Justice and Attorney General of Canada.

Judge David Ireland.

Judge David Ireland will take his seat on the Bench commencing immediately. He was appointed along with former Crown Prosecutor Mark Kantor.

“The Manitoba government and the public rely on judges for their integrity and impartiality, and trust they will deliver fair, learned decisions,” said Justice Minister Kelvin Goertzen. “These qualities are essential for maintaining the public’s confidence in the courts and Judge Ireland and Judge Kantor will serve Manitoba’s justice system well.”

As an Associate Professor at Robson Hall since 2016, Ireland was the Director of Clinics and taught Criminal Law and Procedure, Evidence, Advocacy, and Legal Profession and Professional Responsibility.

A graduate of Robson Hall, he was called to the Manitoba Bar in 2011 and practiced criminal law in both defence and prosecution work. Throughout his practicing career, he was involved in public interest legal work concerning inquests, public inquiries and human rights.  

First appointed a professor at the University of Manitoba Faculty of Law in 2016, he was presented with the Students’ Teacher Recognition Award (CATL) this April, 2023. In 2022, Ireland was very instrumental in expanding the University of Manitoba Community Law Centre to ensure more access to justice for Manitobans, and over the past year as Director of Clinics, worked to provide law students with more opportunities for hand-on experiential learning.

In addition to teaching, he led a full research program that centred on improving the delivery of criminal justice in Canada. His work interrogated the complexities of state/citizen interactions and aimed to lead positive policy change to improve equality and fairness in the criminal justice process.

The entire faculty, staff, student body and Robson Hall community at large, wish Justice Heckman and Judge Ireland all the best in their new appointments.

A long and illustrious tradition at the University of Manitoba’s Faculty of Law, the Solomon Greenberg has a 50-plus year history, with winners including students who have gone on to become Court of Queen’s Bench Judges, Ministers of Justice and even former Dean of Law, and Chancellor of the University of Manitoba – in the example of Harvey Sector, C.M., O.M. [BComm/1967, LLB/1992, LLD/2022].

Winners of this intramural advocacy competition will go on to represent UM Law at the MacIntyre (Western) Cup, the finalists of which then proceed to the national trial moot, the Sopinka Cup.

This year, Sarah Sharp was the winner and Aiyana McKenzie was the runner up. They were chosen by competition judges David Ireland (Associate Professor and Director of Clinics, UM Law), Chantal Boutin (Manitoba Justice), The Honourable Raymond Wyant (Provincial Court of Manitoba) and the Honourable Tim Killeen (Provincial Court of Manitoba). 

Sharp and McKenzie will represent Manitoba at the MacIntyre Cup taking place in Calgary, on February 10-11, 2023.

Congratulations on a job well done to all the competitors and many thanks to all the coaches! Competitors and Coaches were as follows:

Trial #1                

Crown:     Dion Cheung and Aiyana McKenzie
Coaches:  Daniel Chaput and Matt Armstrong 

Defence:   Tan Ciyiltepe and Dustin Seguin
Coaches:   Ryan Amy and Carley Mahoney 

Trial #2                

Crown:     Sarah Sharp and Kaitlin Trager
Coaches:  Dayna Queau-Guzzi, Adam Gingera and Ari Millo

Defence:   Hardeep Suri and Nicholas Warsza
Coaches:  Evan Roitenberg and Laura Robinson

Six externships in addition to the new Rights Clinic and the continuing Public Interest Law Centre (PILC) clinic were open for applications this summer. These included:

• Legal Help Centre
• University of Manitoba Community Law Centre (UMCLC)
• Manitoba Law Reform Commission
• L. Kerry Vickar Business Law Clinic
• Cochrane Saxberg Indigenous Community Clinic
• RobsonCrim Attorney General Externship

Clerkships with the Manitoba Court of Queen’s Bench and the Manitoba Court of Appeal are also staples of hands-on for-credit opportunities available to third-year law students.

The Legal Help Centre, UMCLC, the Manitoba Law Reform Commission and the Vickar Business Law Clinic are mainstays of the annual roster of externships. This year, the Faculty of Law celebrates a 50-year partnership with Legal Aid Manitoba in running the UMCLC, in addition to implementing a new expansion of services that will see students now helping with a wider range of files. Law students have assisted at the Legal Help Centre almost since its origins in 2011.

As with other clinics, the new Cochrane Saxberg Indigenous Community Clinic will provide hands-on opportunities for students to interview clients, provide counsel, develop and manage client files, and conduct qualitative research. Students will especially have an opportunity to learn theory about decolonizing and Indigenizing law, and integrate these principles into the practice of law.

The RobsonCrim Attorney General externship will see law students placed with the Manitoba Department of Justice’s Crown Law Analysis and Development department. Students will work directly with legal counsel and policy analysts at the branch to help with related legal research, cross-jurisdiction analysis and policy development.

With the growing number of clinics and engaged students, the Faculty has appointed Associate Professor David Ireland as Director of Clinics. He will be working with a team that includes Assistant Professor Brandon Trask (clinical professor), Senior Clinical Instructors Elizabeth McCandless and Dr. Rebecca Jaremko Bromwich, along with staff members Marc Kruse (Indigenous Legal Studies Coordinator) and Trina McFadyen (Director of Professional Development).

This novel initiative – supported by a grant from the Manitoba Law Foundation – will have a specific focus on assisting Manitobans with rights-advancing issues and cases in the areas of environmental rights, Charter rights, Indigenous rights, disability rights, and privacy rights, amongst others.

The Rights Clinic will play an important role in providing pro bono legal services to marginalized and under-served individuals, communities, groups, and organizations while also acting to increase public awareness about rights-related topics and concerns.

“Access to justice is a problem in Manitoba, and anything we can do to assist those who can’t afford a lawyer or qualify for Legal Aid fulfills our special responsibility as a law school to increase access,” said Dr. Richard Jochelson, Dean of Law at the University of Manitoba.

Prof. Brandon Trask, an assistant professor at the Faculty of Law and an adjunct fellow with St. John’s College, is the founder of the Rights Clinic and will serve as its supervising lawyer.

Trask was motivated to focus on rights issues in part due to recent global events. “Recent trends toward the deterioration and politicization of rights are highly concerning. This clinic will do its utmost to advocate for the protection and advancement of rights,” said Trask.

Trask explained that the Rights Clinic will have four main components to it:

1) case-focused advocacy through tribunals and courts;

2) non-litigation advocacy, raising public awareness about vital rights issues;

3) rights-related academic research, in the form of a mini “think tank”; and

4) informational presentations and seminars so that members of the public can be better informed about their rights and the rights of others.

The Rights Clinic will partner with organizations throughout Manitoba to raise awareness about rights issues and to join forces with regard to assisting with social-change movements.

The clinic will offer students at the Faculty of Law a unique clinical-learning opportunity. Participating law students will learn practical legal skills including interviewing clients, performing tailored legal research, document drafting, developing written arguments, and making submissions in court or before various tribunals.

Prof. David Ireland, Director of Clinics at the Faculty of Law, explained, “The Faculty of Law is expanding its clinical suite of courses to include a number of new student clinics where students conduct real world legal work under the supervision of lawyers. The Faculty is excited to offer students this new opportunity as we engage with our community partners and continue to connect our students to real world legal practice.”

Second-year Juris Doctor student Raven Richards, who is from Opaskwayak Cree Nation and is working as a research assistant for the Faculty of Law’s clinical program, said, “Accessing legal counsel can be intimidating and difficult to initiate, and the clinic will be a great tool to bridge the existing barriers the public has with obtaining legal services.”

Jayden Wlasichuk, a second-year Juris Doctor student, and Prachi Sanghavi, a third-year Juris Doctor student, have also been assisting Trask with preparations for the launch of the clinic. “The Rights Clinic will be extremely supportive as its objective is to serve people from all socio-economic backgrounds, ensuring that people who have been historically excluded from accessing legal services are given a chance to do so,” said Wlasichuk.

“By normalizing the conversation around lesser-known or stigmatized topics, the clinic will foster an inclusive, conscientious, and supportive community,” Sanghavi added.

In the coming weeks, the Rights Clinic will launch a public online application process through its website to consider which cases and clients it will be able to take on in its first year of existence.

University of Manitoba Emerging Leader Awards are given annually students who support the University’s educational mission by contributing to the social, cultural or economic well-being of communities on or off campus; encourage cross-cultural understanding, and demonstrate sustained leadership and initiative worthy of recognition. Law’s three recipients for 2022 more than meet these requirements.

Dr. Richard Jochelson, Dean of Law, has worked with all three of these students in some capacity throughout their law school careers. “We are extremely proud that our students have received this prestigious recognition for their leadership,” he said. “Each of these three individuals has demonstrated their outstanding leadership skills and made major contributions to the law faculty, the legal community, and to the broader community.”

The Faculty of Law asked each student what drove them to study law, what they accomplished in law school and what lies ahead for them. We also discussed what leadership means to them and what it took for them to step forward and take on leadership roles.

Michael Badejo, Class of 2022, MLSA President, articling at Fillmore Riley LLP

Michael Badejo

Michael Badejo had thought of going to law school since high school. He just took a few detours to get there, including a short stint of pre-med at the University of Manitoba, and a joint degree/diploma from the University of Winnipeg and Red River College in Creative Communications.

He finally arrived at Robson Hall after a career in media relations and strategic, corporate communications with experience as both a self-employed contractor and full-time employee as a strategic advisor and communications specialist with numerous major local organizations like the Winnipeg Airports Authority, the Chartered Professional Accountants of Manitoba and Deer Lodge Centre Foundation.

“These roles deepened my understanding of our community, while also helping to shape my approach in law school – particularly in how the law manifests practically for everyday people,” he reflected. “It really made me try to approach every fact set, every scenario, every hypothetical legal conflict in a manner that puts both pragmatism as well as “how will this work in real life” front and centre.”

Badejo made an effort to tie his skill in leadership and getting parties on the same page with the brand-new skillset he was honing in law. It was a vital element of his approach to making law and successful partnerships more accessible both in his capacity as an individual learning a new profession, and as the head of an organization that, in the midst and initial aftermath of the pandemic, needed to renew its goals of ensuring the best possible experience for the students of Robson Hall.

“I’ve always had an interest in using critical thinking, strategic messaging, and good old fashioned common sense to help those around me,” Badejo said. “Coming from a career in strategic communications, this seemed like the natural evolution to accomplish that goal on a bigger scale and with the ability to make a positive impact in our shared community by giving back. Law school has provided me the opportunity to do that and more, so I’m glad to report that the multitude of experiences that compose law school lived up to those aspirations and then some.”

“Leadership to me is about recognizing where you came from – that you are who you are because of a shared community – and the notion that if you have the ability to make a positive impact, you have that responsibility.” – Michael Badejo, Class of 2022

Among major highlights this year for Badejo was leading the MLSA as they safely reinvented many of their traditional social and professional development events for the new normal, rebuilding the interpersonal connections that were somewhat blunted by the pandemic. He is most proud, however, of his executive team’s work with the Dean, signing an historic memorandum of understanding with the Faculty of Law to renovate student-facing spaces with Law Student Endowment Funds worth more than $700,000. This first-of-its-kind agreement also facilitates the immediate construction of a gender-inclusive washroom in the Faculty’s Common Room. “This agreement not only bolsters the entirety of the place that law students call home in Manitoba,” said Badejo, “but also reinforces the notion that dignity and acceptance of everyone is top of mind at Robson Hall.”

For all of the recognition and goals that he and his team were able to garner and accomplish this year, there was a consistent thread for Badejo from day one.  “We all have individual spheres of influence big and small,” he said, adding, “I believe that we should all do what we can to give back to our community, and work together in pushing the needle forward for those who come after us.”

Shawn Singh, Class of 2022, PSLP participant, articling at Manitoba Prosecution Service

Shawn Singh

Shawn Singh came to Robson Hall prepared with a Bachelor of Arts (Honours) degree in Criminology. Having already spent his undergraduate years studying theories of anti-social behaviour and how to encourage people to work together as a community, he already had a strong foundation for his current articling position with the Manitoba Prosecution Service.

“I was first inspired to pursue law because of my parent’s journey to Canada,” he explained. “They came here from Guyana, where guerilla violence was rampant and citizens could not trust the government. From early days, they taught me that Canada is one of the safest places in the world because we have strong institutions and people who care about each other. Because of their experience, I wanted to be part of the justice system to continue our tradition of keeping people safe and protecting the values that we all share.”

Singh worked as a research assistant for several law professors and published research prolifically. He found many ways to apply what he learned in Criminology about structural discrimination, the disadvantages that marginalized groups face, and the role of EDI initiatives in terms of making a meaningful difference. He worked for Assistant Professor Brandon Trask during the summer of 2021 and throughout his third year of law, and was also a research assistant for Marc Kruse, Indigenous Legal Studies Coordinator. Singh helped Trask publish a suite of articles regarding access to justice during the pandemic and supported Kruse as he developed Robson Hall’s new Indigenous legal clinic and the school’s Indigenous legal literature database. Before working with Trask and Kruse, Singh worked with Dean Richard Jochelson and Associate Professor David Ireland as their student editor. Together, the team worked to produce a chapter in Canada’s first book on digital privacy law in the modern era. In total, he published five articles and three book chapters between his 2L and 3L years and intends to revise two term papers into three more publications with the Manitoba Law Journal.

A major highlight of Singh’s law school career was being selected to take part in the annual President’s Student Leadership Program. Outside of the PSLP, he took on many leadership roles at Robson Hall. He served as class representative for the MLSA during 2L, was a member of the Academic Committee in 3L, and was Thomson Reuters Representative in both 2L and 3L, where he worked with liaison librarian Matthew Renaud to organize training sessions, liaise with students, and improve student knowledge about Westlaw Edge and the brand more generally. 

Singh’s contributions to the Robson Hall community were recognized when he was selected as the law school’s Outstanding Student for 2022. He was chosen to participate in the Centre for the Advancement of Teaching and Learning’s Student Teacher Recognition Reception, where he recognized Assistant Professor Brandon Trask as his law school mentor, as well as his high school mentor, Mr. Adriano Magnifico.

Singh could be counted on as a willing and dedicated volunteer to represent Robson Hall. He was an ambassador at two UM Virtual Open Houses, and spoke with high school students in Winnipeg about pursuing a law degree at the Louis Riel School Division’s Arts and Technology Centre’s post-secondary career fair. While the pandemic was keeping students at home, Singh also joined Mr. Magnifico on his podcast, “Adventures in Careerland” for episode 28 of season 3 to share his story with LRSD students while they learned remotely

Aside from being an ambassador for Robson Hall, Singh engaged heavily in the Faculty’s student groups. He co-chaired the Robson Hall Chapter of the Canadian Association of Refugee Lawyers (CARL)with Samantha Harvey in 3L, volunteered with Pro Bono Students Canada at the Manitoba Law Reform Commission, volunteered with the Law Library Hub and with the Manitoba Interfaith Immigration Council’s Welcome Place, and invigilated with several law school competitions.

“I am excited to see where things go from here, but am grateful that I have the chance to work in Manitoba’s largest law firm to learn about the practice of law and where my skills fit best in the mix.” – Shawn Singh, Class of 2022

Currently articling with Manitoba Prosecution Service, Singh intends to continue along a career path of criminal law. “Many of my publications were focused on the Charter implications of the pandemic and the technologies that our systems now depend on.  I hope to make my research a key part of my work, regardless of where I end up,” he said. “In addition to these rights and implications, I also hope to support the shift towards Truth and Reconciliation with Indigenous Peoples, which has been a key part of my work so far. Either way, I am excited to start the next part of my journey here in Manitoba – and am sure that I will be back at Robson Hall to give back to new law students and help them find their path.”

Adam Kowal, Class of 2023, outgoing Co-President, Manitoba Indigenous Law Students’ Association

Adam Kowal

It is easy to assume Adam Kowal was part of this year’s graduating class, although he still has one more year to go. Serving as co-president of the Manitoba Indigenous Law Students’ Association in his second year of Law, Kowal has already achieved a lot, and as such, is ready to pass the torch to incoming 2L students as he takes on other challenges in his third and final year – not the least of which is completing his Juris Doctor degree.

Kowal arrived at Robson Hall by way of a route more scenic than most. Out of high school, he completed a Bachelor of Arts in philosophy at UM, studied medicine for three years, started a Masters in philosophy, but left that shortly before completion. With student loans mounting, he worked full time in hospitality, then air traffic control recruitment training until the pandemic hit. By then, the small-town-raised he had got accepted into law school, and started his first year at a virtual Robson Hall.

“I got interested in law school while I was in medicine,” Kowal explained. “While I was in medicine, I noticed that we were successful at pulling a lot of people out of the river, but we weren’t really successful at going further upstream to figure out why they were falling in or to help prevent that.”

Upon discovering that it wasn’t front-facing members of the medical community who were making important policy decisions, Kowal wanted to know more about who these decision-makers of public health policy were. A lot of them, he learned, had “these things called JDs.”

Fast-forward a few years, and Kowal found himself working on major leadership projects with his award-winning colleagues while in the midst of working towards obtaining his own JD. “It’s really nice to see that Shawn and Michael were both edified by winning the [Emerging Leadership] award as well,” he said. “And it’s very fitting because Michael and Shawn and I all work sort of in triangle fashion on a variety of projects together. So it’s unsurprising and well deserved.”

Together with fellow MILSA co-president Dustin Seguin, Kowal and Singh worked together on helping the Associate Dean’s office develop the Indigenous Externship clinic that will be available for 3L students to take, starting in the fall of 2022. As the front-facing member of MILSA, Kowal worked with Badejo, the MLSA President, on various projects throughout the past year.

Kowal served on the Indigenous scholar hiring committee and the committee that hired Marc Kruse for the Indigenous Legal Studies Coordinator along with Dr. Richard Jochelson, Dean of Law, and other faculty members. He served on the Indigenous law student admissions panel with some Indigenous practicing professionals, and worked with University of Manitoba’s Donor Relations staff in Major Gifts and the Faculty of Law Class of 1980 to help develop a bursary for incoming Indigenous students. On top of all this, he also somehow got through his second year of law school.

A key words Kowal used to describe the extra-curricular work he took on was ‘service.’ “I think that leadership is, at the end of the day, a service role,” he said. “It’s an answer to stand in the gap on behalf of others, or when others can’t for themselves. And I think a large part of that is being graciously accountable to either the team that you take a leadership role with or the project you take a leadership role with.”

“You have to be accountable for the group or the project you inherit at whatever state you inherited it in – that is now yours. You don’t blame anyone else. You don’t look at anyone else to explain why things are aren’t a certain way – that’s yours. And then you’re accountable for what you pass on and leave for others as well.” – Adam Kowal, Class of 2023

“I think the best leaders make themselves redundant at the end of the day, whether that’s team growth, or project growth or project completion,” Kowal reflected. “I think at the end of the day, all the best leaders invariably have to move on because their job is finished or they’re no longer required in that role.”

Upon learning of his and his fellow law students’ selections as Emerging Leader award recipients, Kowal realized that all three of them, Badejo, Singh and himself, all served their communities where there was a need, taking on things that were not necessarily their problems, and leaving things better when they left them. “That’s inspiring to see in students, right, like, it’s tough to be a student, full stop. And then it’s tough to be a student leader on top of that, and prioritize your time and manage things,” Kowal said. “I am so very impressed with both those gentlemen.”

Kowal decided not to stay in a leadership role with MILSA for his third year, thinking that it would be a good chance for other law students starting their second years to have the same opportunities he had. Rather, he will remain in an advisory capacity, and is willing to help out as needed. “I think it would be selfish for me to stay on because I was able to make wonderful relationships with faculty and staff and be involved in wonderful projects that are worth more than just putting on the CV,” he said. “I think it’d be selfish to hold on to that, because others can greatly benefit from that. And not just for their CVs – they can grow as people surprisingly quickly during their last year of law school tenure ship.”

While the partnership between the Faculty of Law and Legal Aid Manitoba in relation to the UMCLC has existed for nearly 50 years, in the past few years, the leadership of both organizations has identified a need to strengthen that relationship. The mutual initiative and leadership of both Jochelson and Kinglsey resulted in this agreement to expand services.  

“Up until this time students from the UMCLC have been handling mainly criminal and a small number of civil and administrative law cases each year,” said Michael Walker, Supervising Attorney and staff lawyer at Legal Aid. “The new plan for services means that the provision of criminal law services will expand so that a greater number of Manitobans are served by students from the UMCLC and that services will include assisting with appeals to the Court of Queen’s Bench and the Manitoba Court of Appeal.” 

Walker added that the expansion of services will include family law, prison law and Indigenous legal services.

“The proposed expansion is a step in increasing access to justice for all Manitobans,” said Assistant Professor David Ireland who will be working this year with Walker to transition to taking over supervision of the Centre for the 2023 – 2024 academic year. “By expanding our civil, administrative, and family law capabilities the students, in conjunction with Legal Aid Manitoba we will provide more services to more people than ever before. We are constantly adding to the suite of practical skills students are learning while at Robson Hall.”

The additional Family law services students will be tasked with will include uncontested divorce hearings, cohabitation agreements, and custody agreements. Prison law services will include representing prison populations at institutional discipline hearings, drafting and filing applications under the Correctional Services Act and the Corrections and Conditional Release Act and related statutes and regulations.

Law students will also be providing services for Indigenous clients including representation for record suspension applications and Indian Act status applications. Students will be trained to prioritize and give effect to the recommendations of the Truth and Reconciliation Commission when assisting Indigenous clients.

Generally speaking, as outlined in the new MOU, the continued and expanded relationship between Legal Aid and the Faculty of Law will continue to give law students a clinical learning opportunity, connect with supervising lawyers, and provide the broader community with legal services that are held to the standards of the Law Society of Manitoba’s Code of Professional Conduct.

The UMCLC first opened in the basement of Robson Hall in 1972, providing law students with experiential learning opportunities primarily in relation to criminal law ever since. Walker started as a student volunteer during his second year of law school in 1984 when Professor David Deutscher was the supervising lawyer.

Recalling how supportive Deutscher was, Walker said, “When I was preparing for my very first trial something came up the evening prior to the trial that was really concerning.  I phoned Professor Deutscher at home at about 8:00 p.m. and he explained to me how to handle the situation. His willingness to take calls from students at any time to deal with concerns and answer questions has had an impact on me as a supervisor at the UMCLC.  During volunteer orientation I always tell students that I would rather they call me on a Saturday about a case than worry all weekend.”

After establishing a career as a criminal defence lawyer at Legal Aid Manitoba, Walker returned to his alma mater in 2004 to volunteer along with a number of other Legal Aid staff lawyers, assisting Deutscher with case supervision. When Deutscher retired in 2015, Walker took over as the supervising attorney and has felt fortunate to have had the opportunity to work in that role. “It’s satisfying to watch students become more competent and confident as they gain practical experience,” he said. “From time to time, I receive compliments from Judges and crown attorneys about how well students have handled cases in court.  That’s so gratifying!”

Milgaard died at age 69 this past weekend in a Calgary hospital after a short illness, as reported by the CBC.Born in Winnipeg, he spent 23 years in Stony Mountain Institution for crimes he did not commit. Asper’s first major case as a criminal defence lawyer was representing Milgaard, and they remained friends long after. Since his exoneration, Milgaard had been working to effect change to ensure similar miscarriages of justice would not happen to anyone else. Recently, he had been part of a working group focussed on creating an independent commission to investigate and adjudicate applications by individuals claiming to be wrongfully convicted, that would be more efficient and take less time than existing procedures.

David Asper, Q.C.

“The ‘system’ isn’t inanimate,” Asper said, when asked to describe the material impacts he has witnessed Milgaard’s efforts having on the Canadian justice system. “It’s made up of people, and I think David’s biggest impact was creating a much higher level of awareness about wrongful convictions. He broke through the stereotype of the so-called innocent prisoner and made people understand that some of them actually are, and that we need to do something about it.”

Since Milgaard was released, certain procedures, practices and attitudes have changed, Asper said. “The combination of the Donald Marshall case, Milgaard and Guy Paul Morin, brought huge attention to a variety of systemic issues that were amplified by many subsequent wrongful conviction cases,” he explained.

“All participants in the system became much more attuned to issues such as disclosure, forensic science/ ‘junk science’, jailhouse informants, false confessions, police and crown tunnel vision, and many other related issues.” – David Asper, Q.C., former Acting Dean of Law

Asper added that “Whenever any of these types of issues are in play at trial, judges have become very careful with both allowing the evidence and in their instructions to juries.”

He also noted that shortly after Milgaard was freed, the Federal Department of Justice changed its approach to Criminal Code of Canada s. 696 applications (for ministerial review on the grounds of miscarriage of justice) and created what has become known as the Criminal Convictions Review Group.

According to an article in Canadian Lawyer Magazine from April 1, 2021, while the Review Group hears applications, the majority involve homicide convictions as it is an arduous and costly procedure involving a lot of work. The independent commission that Milgaard and others envisioned would work more quickly and efficiently, and allow for a broader range of offences to be reviewed.

Innocence Canada, a Canadian non-profit organization dedicated to advocating for the wrongfully convicted, has been involved in assisting with S. 696 applications, and has been part of the movement helping with Milgaard’s efforts to create the independent commission. David Ireland, Associate Professor at the UM Faculty of Law and newly-appointed Director of Clinics, teaches Criminal Law and Procedure and other criminal law-related courses. He encourages law students to volunteer for their local Innocence organizations, having done work as a practicing lawyer himself, on wrongfully convicted matters.

“The untimely death of Mr. Milgaard has once again placed the tragedy of miscarriages of justice into the spotlight,” said Ireland. “Mr. Milgaard dedicated his life to highlighting the plight of the wrongfully convicted and working towards preventing future miscarriages of justice.”

“The Innocence community will miss his passion and leadership, but I have no doubt that the legal community involved in this work will redouble their efforts to prevent wrongful convictions and to exonerate those people who have been victims of miscarriages of justice.” – Associate Professor David Ireland, Faculty of Law

Because criminal law is a mandatory course for all law students, it should include reference to wrongful convictions, thereby educating all future lawyers about these critical issues, Asper said. When asked what more law schools might do to help prevent wrongful convictions from occurring, Asper said, “The easy answer is to have robust courses on wrongful convictions – not just on the basic recurring themes, but perhaps a secondary level that takes a deeper dive into more complex topics.”

Beyond classrooms, law professors engaged in research in this area can contribute by researching the underlying causes of wrongful convictions and further, what can be done practically to mitigate their impact, Asper said. “For example, how does one disrupt the psychology of tunnel vision in a police service? How do we overcome the tendency of juries to give greater weight to people in authority/experts even if their evidence has been challenged,” he said. “This might seem odd, but in Ontario, Dr. Charles Smith, a highly respected pathologist got away for a long time with junk science evidence that led to many wrongful convictions.”

Last summer, Milgaard had met with Federal Justice Minister David Lametti to discuss the creation of the independent Criminal Case Review Commission. Public consultations were held and a final report was tabled on February 3, 2022. While Minister Lametti had said he would act on creating the long-hoped-for independent commission, Asper said, “The big question David and all of us had is, “when and in what form?” That remains to be seen.”

Business Law Clinic

Operating virtually for the past two years of the pandemic, the Business Law Clinic, under the direction of practicing professional lawyer Nick Slonosky [LLB/1979] and retired faculty member, former Associate Dean (JD) Lisa Fainstein [LLB/ 1979], the clinic has provided law students with hands-on experience advising small business clients while counting as a for-credit course. Starting in the fall term, practitioner Rebecca Jaremko Bromwich will join the team as a Faculty presence for the Clinic.

“This new space is part of a transformational set of opportunities for hands-on clinical experience for our students,” said Dr. Richard Jochelson, Dean of Law. “The space will not only be a clinical hub but a site of discovery and collaboration as the clinical team reaches out to partners like the Stu Clark Centre and North Forge and beyond to become the Manitoba engine room for access to innovation.”

UMCLC expansion, Indigenous, Mediation and Rights Clinics

In addition to the L. Kerry Vickar Business Law Clinic’s ongoing operations, UM Law will be increasing the number of clinical experience opportunities next year with expanded services now available to Manitobans at the University of Manitoba Community Law Centre (UMCLC). Through an agreement with Legal Aid Manitoba, law students will be able to assist with family law, prison law and Indigenous legal services in addition to criminal law matters as before.

An Indigenous Community Legal Clinic will be for-credit starting in Fall 2022, thanks to the help of Marc Kruse [JD/2015], Indigenous Legal Studies Coordinator. A Mediation Clinic course, to be guided by Professor Jennifer Schulz and Chief Justice Glenn Joyal (Court of Queen’s Bench), is slated to begin in 2023. Also, a new Rights Clinic, which is being developed and supervised by Professor Brandon Trask, will be launched later this year, with a for-credit course being offered in Fall 2022. The Rights Clinic will be a site of innovation, focusing primarily on environmental rights and civil rights work pertaining to matters of importance for vulnerable Manitobans.

Launch of Robust Clinical Team

To facilitate the expansion of its clinical programs, UM Law has proposed a position of Director of Clinics to coordinate the increasing number of clinics, experiential learning opportunities, moots, competitions, articling integration and development of clinical and experiential programing while helping to administer the work of a newly formed clinical team.

The clinical team is comprised of faculty members Associate Professor David Ireland (clinical professor; clinical coordinator), Assistant Professor Brandon Trask (clinical professor), Senior Instructor Elizabeth McCandless (clinical instructor), and Senior Instructor Dr. Rebecca Jaremko Bromwich (clinical instructor), along with staff members Marc Kruse (Indigenous Legal Studies Coordinator) and Trina McFadyen (Director of Professional Development).

Ireland possesses years of experience representing clients in all levels of court, including the Supreme Court of Canada. He teaches Criminal Law, Evidence and Trial Advocacy at Robson Hall while maintaining a practice at the law firm of Cochrane Saxberg, specializing in public law with an emphasis on criminal litigation and appeals. Ireland has experience both prosecuting and defending criminal charges as well as proficiency in public inquiries, inquests and human rights litigation.

Trask is a practicing lawyer focusing on public law who worked as a Crown prosecutor in Newfoundland and Labrador and later in Nova Scotia, most recently with the Appeals and Special Prosecutions Section of the Nova Scotia Public Prosecution Service. While practicing as a Crown prosecutor, Trask was involved with hundreds of cases across two levels of court in Newfoundland and Labrador and three levels of court in Nova Scotia. He also regularly appeared on behalf of the Crown at the Criminal Code Review Board in Nova Scotia. He is an Assistant Professor at Robson Hall teaching Constitutional Law and Evidence this year, and will additionally be teaching Criminal Law, Mental Health and Criminal Law, and the Rights Clinic courses next year.

McCandless and Jaremko Bromwich are both seasoned lawyers who bring a wealth of knowledge and experience to the clinical program at UM Law. McCandless most recently served as director and legal counsel at the Manitoba Law Reform Commission and holds an LL.M. from UM Law. Jaremko Bromwich practices law at Gowling WLG Canada where she has acted as the firm’s national manager of equity, diversity and inclusion. She holds a Ph.D. from Carleton University’s Department of Law and Legal Studies.

Kruse returned to his alma mater of Robson Hall after practicing criminal law at Rees Dyck Rogala Law Offices, and engaging in research on curriculum reform. He has published work on the moral foundations of professional ethics, social justice education, and Indigenous educational ethics.

McFadyen, also an alum of Robson Hall, was an associate at Thompson Dorfman Sweatman practicing civil litigation with an emphasis on commercial litigation, employment and labour law. She was later Legal Counsel at the Great-West Life Assurance Company, practicing civil law. She has returned to the Faculty as Director of Professional Development.

The Mauro Chair in Human Rights and Social Justice was created and funded through the generosity of the Mauro Foundation and is a key part of the Master of Human Rights program, now housed at Robson Hall, the Faculty of Law building on UM’s Fort Garry Campus.

The Master of Human Rights program’s inaugural cohort of students started classes in the fall term of 2019, as did the appointment of Dr. Kjell Anderson as the program’s director. The naming of the Mauro Chair is now the final key to opening the door to making Winnipeg “the next Geneva” as UM Chancellor Emeritus Mauro contemplated in a 2018 story in UM Today Magazine announcing his gift to endow the cross-faculty Chair in Human Rights and Social Justice.

“I’m very excited that Nathan Derejko will be joining our Faculty and the Master of Human Rights program as Mauro Chair,” said Anderson. “Nathan is a dynamic teacher and researcher, whose wide-ranging practice experience will energize our program and provide new opportunities for our students.”

Dr. Derejko holds a B.A., an LL.M. in International Human Rights Law, and a Ph.D. in International Human Rights and Humanitarian Law. He has been living, researching and teaching in the UK for the past 10 years, with his most recent practice experience having been at Rights Watch UK in London. Born and raised in Fort Saskatchewan, Alberta, Dr. Derejko has also lived in Vancouver and Halifax. Initially, he will be teaching human rights law for both the Juris Doctor and Master of Human Rights programs, as well as an elective Human Rights course, “Use of Force in International Law.” Robson Hall was pleased to interview Dr. Derejko prior to his arrival in Winnipeg, and we present here, a glimpse of our new Mauro Chair in the following conversation:

Robson Hall: How did you come to study human rights in the first place?

Dr. Nathan Derejko: Through a sense of frustration really. During my undergraduate studies at Dalhousie University I became deeply committed to grassroots activism on a range of social justice issues, and I was always evoking the idea of ‘human rights’ in advocacy and outreach, which proved to be a powerful language for mobilisation. But I soon came to realize that my knowledge of the actual scope and content of human rights, and how they work in practice, was pretty limited. I knew that human rights could be a tool for change, I just didn’t know how to use them effectively. This realization put me on the search for a Masters program in human rights, although to my surprise, I could not find a single one in Canada. Expanding my search abroad, I quickly discovered that Europe was abound in graduate programs dedicated to human rights. So without hesitation, I packed my bags and headed to Ireland to undertake an LL.M. in International Human Rights Law at the Irish Centre for Human Rights at the National University of Ireland Galway. This program opened my eyes to the possibilities and challenges of using human rights as a tool for change, and I spent the next decade in Europe and beyond studying, teaching, and practicing human rights law.

RH: How exactly does one practice human rights law? What examples of cases might you encounter as a human rights lawyer?

ND: There are many ways one can practice human rights law. Of course, you can become a lawyer and litigate cases against the government before national courts. In Canada, this would include cases regarding any of the rights enshrined in the Canadian Charter of Rights and Freedoms, such as the right to life, liberty, and security of person. But the practice of human rights is in no way limited to litigation and one does not need to be a lawyer to be a human rights practitioner – litigation is just one of many tools in the human rights toolbox.

I have an LL.M. and a Ph.D. in international human rights law, but I am not a human rights lawyer. Nevertheless, I have a wide range of experience as a human rights practitioner. For example, outside from academia, I have supported a range of strategic litigation efforts, provided legislative scrutiny and policy analysis to government review processes, engaged United Nations human rights mechanisms and special procedures, and developed advocacy campaigns both domestically and internationally. There is an abundance of roles in which a deep understanding of human rights law is essential.  

For example, many people with a Master in Human Rights go on to work at human rights NGOs, evaluating government policy – whether on health, housing, employment or other rights issues – through the framework of human rights law. Others end up working for government agencies advising on how to ensure that national laws and policies comply with international human rights standards. Some work with international organisations, such as the United Nations, doing research, advocacy or training. Some work in the investment or business sector, and conduct human rights due-diligence assessments to ensure investment policies and transnational corporations comply with human rights standards. The breadth of career opportunities is so incredibly vast, and whatever work one ends up doing will no doubt be tremendously rewarding, challenging, and inspiring. 

RH: What inspired you to apply for the Mauro Chair?

ND: Pretty much everything about this Chair inspired me to apply. First and foremost, the Chair is situated within Canada’s leading graduate program dedicated to human rights. This in and of itself presents a rich and inspiring research and teaching environment, for both students and staff, and means that I will have the opportunity to research and teach squarely within my areas of interests. If this program had existed when I was a student, I would have surely found myself headed to Winnipeg, Manitoba, rather than Galway, Ireland. As someone who has spent the last decade with one foot in the academy and another foot in the practice of human rights, the unique multidisciplinary nature of the MHR program, and its specific focus on bridging the theory and practice of human rights, was also very appealing to me as it aligns with my own approach to teaching and learning. Finally, as Canada’s leading graduate program in human rights, the opportunity to contribute to its future development and provide students with both the knowledge and skills necessary to become effective human rights practitioners is simply and literally my dream job.

RH: What is your plan for your research as Mauro Chair?

ND: My current research focuses on the protection of human rights during armed conflict, and counter-terrorism and human rights, and there are plenty of unresolved challenges in these areas that I plan on exploring in more depth. In terms of future research agenda, I am interested in further exploring the relationship between climate change and human rights, and in particular, the role and relevance of international human rights law in climate change mitigation and adaptation strategies. I would also like to explore the possibility of developing a collaborative multidisciplinary research project on Climate Justice and Human Rights that will marshal a broad range of expertise from across the University of Manitoba, including expertise from law, political studies, Indigenous studies, environmental sciences, public policy, social work, and economics, to determine if and how the human rights framework can contribute to the regulation of climate change and the emergence of climate justice.

RH: To what extent will you be working with students in the MHR program?

Engaging directly with the students, both within and beyond the classroom, is what I find most inspiring and love most about teaching human rights law, and I am very much looking forward to meeting the students in the MHR program. I am deeply committed to bridging the theory and practice of human rights in all my teaching and learning activities, and will work towards creating various opportunities for students to augment the knowledge they gain in the classroom with the development of the practical skills necessary to become effective human rights practitioners.

RH: Why Winnipeg (the inevitable question about mosquitos and weather)?

As a Canadian, I am quite familiar with the mosquito and weather narratives about Manitoba. I love snow and I know my kids will too, but I have to admit I’m slightly terrified about the mosquitoes – I’m really hoping their size and appetite are a myth! Nevertheless, my family and I are beyond excited to be moving to Winnipeg. We can’t wait to explore the many parks, sprawling urban forests, rivers and vast lakes – all things that we have missed dearly while living abroad. We also love the arts, and are particularly excited about Winnipeg’s legendary music scene.  My partner also practices human rights law, and we are both really looking forward to tapping into the vibrant civil society in Winnipeg that is working on an impressive range of human rights and social justice issues. As someone who has spent a considerable amount of time in Geneva, I am also intrigued by Arthur Mauro’s vision of Winnipeg as the human rights capital of Canada, or “Canada’s Geneva”. Cleary, for anyone dedicated to the promotion and protection of human rights, Winnipeg is an inspiring place to live and work.