These titles have been newly added to our online collection on DesLibris, which is available behind the Member’s Portal:
Information and Privacy Law in Canada by Barbara von Tigerstrom ” Information and Privacy Law in Canada explores how we can access information held by public bodies, what governments and other organizations can do with information about us, and how we can use the courts or other mechanisms to hold others accountable when they violate our privacy or misuse our personal information. It examines privacy as a multi-faceted concept that includes control over information about ourselves, but also protection of our identities, our personal space, and even our bodies from unwanted scrutiny and interference.”
Mergers, Acquisitions and Other Changes of Corporate Control –3rd ed. by Christopher C. Nicholls “This book offers a succinct and insightful discussion of the principal laws governing mergers and acquisitions transactions conducted in Canada. It draws on a collection of loosely related legal principles and rules in corporate law and securities law, as well as a handful of other areas relevant to Canadian business acquisitions. This third edition discusses the implications of a host of recent legal and regulatory developments since the publication of the second edition, including, in particular, the groundbreaking changes introduced by National Instrument 62-104 in 2016.”
The Canadian Investor : Challenge and Change in Canadian Capital Markets by Anita Indira Anand “The Canadian Investor is one of the clearest and most informative accounts of Canada’s financial system and the issues it has been facing since the 2008 financial market crash. This insightful book examines all aspects of the many different institutions, programs, actors, and laws that affect investors’ rights. A detailed and accessible analysis of the Canadian landscape that explores securities commissions and other regulatory institutions through a contemporary lens, The Canadian Investor is currently unique in Canada.”
Criminal Procedure — 4th ed. by Steve Coughlan “This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code. In addition, it includes discussion of significant new Supreme Court of Canada cases.”
Anatomy of an Election : Canada’s Federal General Election of 2019 Through the Lens of Political Law by Gregory Tardi “Anatomy of an Election takes a comprehensive and interdisciplinary look at Canada’s 2019 federal election as an example of a democratic election. This book is unique in its explanation of elections and electioneering. It sets the scene by enumerating the foundational elements of Canada’s electoral system, focusing on the constitutional principles, the legislation, and the major court judgments. It then traces the flow of political legal events since 2015 that have led to the forty-third general election. Most importantly, this text provides a day-by-day diary that records the most important political and legal events throughout the campaign.”
Find these books and many more on DesLibris. If you require assistance please contact us at library@lawsociety.mb.ca or check out our Legal Ease guide on DesLibris here.
The Ontario Court of Appeal issued a significant decision striking down some restrictions on conditional sentences. One of the arguments in R. v. Sharma, 2020 ONCA 478 concerned s. 15 of the Charter.
[3] On this sentence appeal, Ms. Sharma asks the court to strike down s. 742.1(c), and a similar provision in s. 742.1(e)(ii),[1] on the basis that they contravene two sections of the Charter: they contravene s. 15 of the Charter because their effect is to discriminate against Aboriginal offenders on the basis of race, and they contravene s. 7 of the Charter because they are arbitrary and overbroad in relation to their purpose. …[4] I agree with Ms. Sharma that the impugned provisions contravene both ss. 7 and 15 of the Charter and are not saved by s. 1. I would allow the appeal and strike down the provisions. I would set aside Ms. Sharma’s custodial sentence. As submitted by Ms. Sharma, the appropriate sentence would have been 24 months less a day, to be served conditionally. However, as Ms. Sharma has served her custodial sentence, I would substitute a sentence of time served.
The Law of Bail in Canada — 3rd edition by Gary T. Trotter is now available for loan.
A continually updated resource that covers all aspects of judicial interim releases from all jurisdictions across Canada. The latest release highlights recent legislative developments from amendments to the Criminal Code and Youth Criminal Justice acts, as well as discussions to changing terminology.
As always, the library can provide electronic excerpts or sections of the text, within copyright guidelines, by email for those unable to make it to the library in person. Just send us an email with your request.
The Ontario Court of Appeal recently released a decision reducing the appellant’s 30 month sentence by five months for unreasonable post-verdict delay. R. v. Hartling, 2020 ONCA 243, concerns the amount of time it took to submit a Gladue report to the court.
From the decision by Benotto, J.A.
[96] The post-verdict delay is another matter. It took 14 months after conviction for the sentence to be imposed. This delay was not caused by ineffective judicial management. It was not caused by the appellant, nor was it caused directly by the actions of the prosecutor. It was caused by the lack of institutional resources to obtain a Gladue report.
[97] Immediately upon conviction, trial counsel obtained an order for a Gladue report from the trial judge. However, court administration services denied funding. At the time – as difficult to understand as it seems – there was only one Gladue writer in the Algoma district. There were no Gladue writers provided by Aboriginal Legal Services in the Algoma district. Therefore, there were only two options: (a) paying privately out of pocket; or (b) obtaining Legal Aid funding. Ultimately, the appellant, with the assistance of his counsel, chose to pay privately.
New impaired driving legislation is coming into effect on December 16, 2019 that adds stricter penalties for impaired driving, including immediate roadside prohibition.
To help understand these changes, we have displayed relevant print and online resources.
For print items in the library see:
Impaired driving in Canada (4th edition) by Joseph F. Kenkel
Defending drinking and driving cases by Alan D. Gold
A guide to breathalyzer certificates in Canada by Alan Pearse
Impaired driving in Canada, 2012-2013 ed. By Joseph F. Kenkel
Impaired driving in Canada by Joseph F. Kenkel
Impaired driving and breathalyzer law : recent case law prepared by Keith R. Hamilton
Breathalyzer law in Canada : the prosecution and defence of drinking and driving offences (4th edition)
Journal of motor vehicle law
In our online collection we have:
From the Emond collection available behind the member’s portal, Impaired driving and other criminal code driving offences: A practitioner’s handbook by Karen Jokinen , Peter Keen
And from the Irwin Law collection on desLibris: Drug-Impaired Driving in Canada by Nathan Baker
As well as eNewsletters such as Impaired Driving NetLetter(TM) by the Hon. Justice Joseph F. Kenkel
We get many requests for decisions on sentencing, particularly where parties are aware of a particular sentence, however, often the decision is not reported. Last month the Provincial Court of Manitoba published several sentencing decisions, some of which are highlighted here.
R. v. Alcantara, 2019 MBPC 67 challenged the constitutionality of the mandatory minimum sentence for the offence of luring.
[1] …. Counsel agree that the Court should first determine the fit and appropriate range of sentence, given this offender’s personal circumstances and need not examine the constitutional issue if the Court determines that the fit and appropriate sentence is within the range set out by the mandatory minimum. On the other hand, if the Court determines that a one year sentence is grossly disproportionate for Mr. Alcantara, the constitutionality of the sentencing provision is engaged, and the Court must determine if one year in jail amounts to cruel and unusual punishment for Mr. Alcantara.R. v. Alcantara (Rolston, P.J.)
R. v. Little, 2019 MPBC 60 concerns the appropriateness of a joint sentencing submission. Along with a pre-sentence report, the Court ordered a supplementary Gladue-style appendix for further consideration of the offender’s circumstances.
[45] … I am therefore, given his youth, his vulnerability and his Gladue and s. 718.2(e) factors (which apply to all offenders), of the view that the jointly proposed sentence should not be confirmed, that something less will be adequate and purposeful in the offender’s unique and most unfortunate circumstances. …R. v. Little (Corrin, P.J.)
R. v. Goodman, 2019 MBPC 77 describes the difficulty of arriving at an appropriate sentence when the offender, with a diagnosis of Fetal Alcohol Spectrum Disorder commits a serious offence.
[1] Sentencing is often described as more of an art than a science. This is because although the Criminal Codesets out sentencing principles, the Court must still balance them in light of the circumstances of the offence and the offender. R. v. Goodman (L.M. Martin, P.J.)
All of these decisions offer significant analysis in their reasons and guidance for future sentences. The library also has other resources available for finding sentencing decisions, in print and e-book format. Please don’t hesitate to contact us for help crafting your submissions on sentencing.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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