The first “Decision of the Week” concerns an argument that comes up from time to time:
[1] When is a human being a person? Shouldn’t a human being be able to escape a photo-radar ticket fine because The Highway Traffic Act C.C.S.M. c. H60 (“HTA”) does not apply to humans, but rather only to persons?
Mr. Penner, as agent for his wife, challenged a photo-radar speeding ticket. Martin, J. quashed the appeal orally with written reasons to follow.
[3] I write them not to convey any insightful legal analysis but to provide precedent for the many justices of the peace and provincial court judges who are increasingly facing these specious arguments, gussied up like legal briefs with all the accompanying bafflegab. Those judicial officers should feel confident that they can dismiss nonsensical submissions summarily. And those promoting these points of view should know that their arguments will get the time and attention they deserve, little to none.
The Alberta Court of Queen’s Bench issued a lengthy decision on this issue in 2012, Meads v. Meads, 2012 ABQB 571. While nowhere near as lengthy, perhaps Justice Martin’s decision can be as useful.
If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be happy to provide those for you.
January 10, 2019 – Considering Cannabis: Cannabis Legalization and Impacts in the Workplace
The legalization of recreational cannabis brings with it a multitude of issues for employers to address. Experienced labour and employment lawyer Tracey L. Epp, Pitblado LLP, will provide a fascinating review of the legal status of cannabis in Canada from its criminalization early in the last century, to the introduction of medical cannabis in 2001, to the recent legalization of recreational cannabis under the federal Cannabis Act. She will also briefly describe the provincial framework for regulating retail cannabis sales in Manitoba.
The program will explore key issues from an employment perspective particularly with respect to the need for workplace policies that address the use of recreational cannabis both on and off-duty, fitness for work, impairment and the designation of safety sensitive positions. Ms. Epp will also provide a refresher on medical cannabis and relevant employer considerations such as the duty to accommodate and health benefits plan coverage.
If you are an employer or you provide legal advice to employers, this program is not to be missed.
Webinar Registration Fee: $65 plus GST (includes materials sent electronically) Registrants will receive an email prior to January 10 with detailed instructions on how to connect.
Eligibility For CPD Hours: This program may be reported for up to 2 hours of eligible CPD activity.
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.
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