Impaired Driving Library Display

New impaired driving legislation is coming into effect on December 16, 2019 that adds stricter penalties for impaired driving, including immediate roadside prohibition.

These new rules are summarized here.

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

Decisions of the Week – Sentencing

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 Code sets 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.

Legislative Update

2nd Session, 42nd Legislature

New Bills

GOVERNMENT BILLS

Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with a number of changes made in response to recommendations from the Manitoba Pension Commission. These changes include how pension plan members contribute, determine benefits, withdraw funds, and other important changes.

Bill 9 The Public Services Sustainability Amendment Act – amends The Public Services Sustainability Act by setting the start and duration of a sustainability period by regulation, limiting increases in pay during a sustainability period, giving the minister power to approve modest increases in pay, detailing compensation changes, and other clarifications.

Bill 10 The Regional Health Authorities Amendment Act (Health System Governance and Accountability) – amends the Act to consolidate administrative services related to health care and to centralize the delivery of certain health services across Manitoba. The Act is renamed The Health System Governance and Accountability Act.

Bill 11 The Minor Amendments and Corrections Act, 2019 – corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts.

Bill 12 The Workplace Safety and Health Amendment Act – makes the following amendments to The Workplace Safety and Health Act: a discriminatory action is now referred to as a reprisal; the position of the chief prevention officer is eliminated; a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal; an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months; and maximum fines for offences under the Act are increased.

Bill 14 The Public Sector Construction Projects (Tendering) Act – concerns tenders issued by government and other public sector bodies in relation to construction projects. It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project. Related amendments are included.

Bill 16 The Labour Relations Amendment Act – amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector. The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed. The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.

Bill 17 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal) – amends The Manitoba Public Insurance Corporation Act to establish the claim dispute tribunal. The tribunal is an independent body that has exclusive jurisdiction to resolve a dispute between an insured person and MPIC concerning vehicle repairs or the amount payable when a vehicle is damaged. In addition, the tribunal may resolve a dispute about MPIC’s determination of liability for an accident or a decision to deny coverage, unless the insured person elects to have those matters determined by the court instead.

Bill 19 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba. The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers’ council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.

Bill 21 The Workers Compensation Amendment Act – amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board (“WCB”) and to respond to the 2016-2017 recommendations of the Legislative Review Committee. It includes significant changes to governance, coverage and assessment, compensation, administration, and enforcement.

PRIVATE BILLS

Bill 203 The Climate and Green Plan Amendment Act (Improved Climate Change Targets and Enhanced Ministerial Accountability) – This Bill amends The Climate and Green Plan Act to change how reduction targets for greenhouse gas emissions are established and reported and to reduce ministers’ salaries until the targets are achieved.       

Bill Status

SECOND READING

Bill 7 – The Employment Standards Code Amendment Act – Dec. 2, 2019

Check the Bill Status to follow the legislative process.

WestlawNext Canada now available in the Library

Starting this week, members who come to the Great Library are able to use WestlawNext Canada from any of the desktop computers. We have purchased a subscription to LawSource, CriminalSource, Estates and TrustsSource and FamilySource, as well as parts of Litigator.

If this is a new-to-you product, we are able to get you set up to take advantage of all the resources available in Westlaw. We will also bring in dedicated trainers from time to time for more intensive training.

By providing both on-site and off-site electronic resources, we can provide the most efficient and effective legal research opportunities for all members. Be sure to take advantage of them either through your own efforts, or by asking us for help.

Manitoba Legislative Update

2nd Session, 42nd Legislature

New Bills

Government Bills

Bill 2 The Retail Business Hours Of Operation Act – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters.

Bill 3 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends The Liquor, Gaming and Cannabis Control Act to make it a term of the agreement that the operator of a cannabis store must pay to the government a social responsibility fee. The fee is 6% of the operator’s annual cannabis sales revenue or the amount set by regulation.

Bill 4 The Manitoba Hydro Amendment Act – This Bill amends The Manitoba Hydro Act to increase the borrowing authority granted to Manitoba Hydro. Currently, Manitoba Hydro may borrow up to $500 million for temporary purposes. This amendment authorizes borrowing up to $1.5 billion for those purposes.

Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends the Act to prohibit cannabis consumption in public places, unless the consumption is permitted by regulation or under The Smoking and Vapour Products Control Act.

Bill 6 The Planning Amendment Act – This Bill amends The Planning Act to provide that the council of the City of Brandon is the approving authority for the subdivision of land in Brandon.

Bill 7 The Employment Standards Code Amendment Act (Leave for Victims of Interpersonal Violence) – Currently, an employee who is a victim of domestic violence may take a leave from work under The Employment Standards Code. This Bill expands leave eligibility to an employee who is a victim of sexual violence or stalking.

Private Bills

Bill 200 The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act – This Bill amends these Acts to change the definition “recognized opposition party” and the definition “other opposition party” to include political parties that are represented in the Assembly by two or more members, provided that the party’s candidates received at least 10% of the votes cast in the last general election. Such a party and its members are not immediately entitled to any additional funding, salaries or allowances.

Bill 201 The Vital Statistics Amendment Act – This Bill amends The Vital Statistics Act to provide that the birth certificate and other official documents of a person who has changed their sex designation may contain no sex designation or may use an “X”.

Proclamations

SM 2019, c. 16 The Courts Modernization Act – “With the advice and consent of the Executive Council of Manitoba, we name January 1, 2020, as the day on which sections 7, 8, 12, 16, 17, 20 to 23 and 25 of The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) come into force.”