Supreme Court of Canada on Impaired Driving

Keeping to yesterday’s theme on Criminal Law and Impaired Driving resources, the SCC recently released a couple of decisions on driving under the influence. 

From Supreme Advocacy Issue #61’s “Supreme One-Liners”: 

R. v. Gubbins2018 SCC 44 (37395) (37403)

Maintenance records of breathalyzers subject to third party disclosure regime.

R. v. Awashish2018 SCC 45 (37207)

Certiorari an extraordinary remedy, available only in narrow circumstances.

The full summary from Supreme Advocacy is available here. You can sign up for a free subscription to Supreme Advocacy here














Criminal Law – New Titles in the Library

Two new titles have been added to our collection:

Related Titles in the Library:

Newsletter Subscriptions:

  • Watt’s Criminal Law and Evidence Newsletter
  • Alan D. Gold’s Criminal Law NetLetter
  • Impaired Driving NetLetter
  • Segal’s Motor Vehicle and Impaired Driving Newsletter
  • Police Powers Newsletter

Our Current Awareness service is offered to members of the Law Society of Manitoba. To receive the latest issues right to your inbox, contact the Manitoba Law Library by phone, email, or in person and we will be happy to add you to our distribution list.

To view our other available subscriptions or for more information, visit our Current Awareness guide. 

New Display: The Legalization of Cannabis in Canada

With the official legalization of cannabis across Canada on October 17, 2018 we decided to compile some resources to help you and your clients navigate the new and important changes to the Provincial and Federal Legislation.

Manitoba Resources                        

Legislation Changes*

The Cannabis Harm Prevention Act (Various Acts Amended) S.M. 2017, c. 22

The Child Sexual Exploitation and Human Trafficking Act C.C.S.M. c. C94

The Drivers and Vehicles Act C.C.S.M. c. D104

The Highway Traffic Act C.C.S.M. c. H60

The Mental Health Act C.C.S.M. c. M110

The Smoking and Vapour Products Control Act, C.C.S.M. c. S150

The Off-Road Vehicles Act C.C.S.M. c. O31

The Public Schools Act C.C.S.M. c. P250

Web Resources

Cannabis in Manitoba

Manitoba Laws

Federal Resources

Legislation Changes*

The Cannabis Act

Criminal Code

Controlled Drugs and Substances Act

Web Resources

Cannabis Laws and Regulations

Frequently Asked Questions: Drug-Impaired Driving Laws

Cannabis in Canada: Get the Facts

Text

Wigmore on Cannabis by James G. Wigmore (Available to Members of the Law Society of Manitoba on desLibris behind the Member’s Portal.)

*This is a small list of recent legislation changes that have changed with the legalization of Cannabis in Canada. This is not a complete list of legislation changes and is current to October 17, 2018.

Accessibility in Sentencing

As I’ve mentioned before, I read “What’s hot on CanLII” every week to find out what decisions a significant number of viewers found interesting. Sometimes, I make surreptitious finds that I like to share with you.

This week, the number 2 case was R. v. Morris, 2018 ONSC 5186. What was so significant about this case? It was written reasons for sentencing, provided by Nakatsuru, J. The importance of the decision is the language and the writing. Justice Nakatsuru wrote as if he was speaking directly to the offender. He used short sentences, plain English, and he explained every detail of how he came up with his decision and why he chose to accept some evidence even though the Crown objected.

This is not the first time Justice Nakatsuru has written in this manner. In R. v. Armitage, 2015 ONCJ 64, a decision of the Gladue court in Toronto, he also wrote directly to the offender.

I find this approach incredibly heartening. To me, it shows that justice is listening to offenders and not only taking into account their background, but explaining it to them so they can understand. In a law library like we have, we’re surrounded by works that require significant literacy skills to understand. Thank you to J. Nakatsuru for considering his audience while writing his decision.

Law in the Library

Law in the Library is a free program offered by the Winnipeg Public Library in conjunction with the Community Legal Education Association. This program offers free sessions on various areas of law, presented by professionals.

Registration through the Winnipeg Public Library is required.

The upcoming sessions are:

Small Business and the Law

Thursday, September 13: 6:30- 8 pm.  Register

ABCs of First-Time Home Buying

Tuesday, October 2: 6:30-8 pm.  Register

Wills

Monday, October 15: 6:30 – 8pm.  Register

Criminal Law: What are Your Rights?

Tuesday, October 30: 12 – 1 pm.  Register

Healthcare Directives and Powers of Attorney

Thursday, November 1: 6:30-8 pm. Register

How to Start a Business

Monday, November 5: 5:30-7:30 pm. Register