by Karen Sawatzky | Apr 21, 2020 | Caselaw, Criminal Law, Delay
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.
Further commentary is available from The Lawyers Daily.
by George Roy | Apr 20, 2020 | Bill Status, Legislation, New Bills
Second Session, Forty-Second Legislature
Passed
Government Bills
First Reading and Passed
- Bill 54: The Emergency Measures Amendment Act ( amendment(s) adopted at Committee Stage) – Currently, only the minister or a local authority may make emergency orders to prevent or limit loss of life and damage to property and the environment. This Bill gives the Lieutenant Governor in Council the power to make three types of orders when a state of emergency is declared.
- Bill 55: The Employment Standards Code Amendment Act – This Bill amends The Employment Standards Code to add a temporary job-protected leave for employees who are unable to work due to circumstances related to the COVID-19 pandemic. The requirement for an employee to provide a certificate from a health professional in respect of a leave provided for in the Code is also temporarily suspended.
- Bill 56: The Family Maintenance Amendment Act – amends The Family Maintenance Act. It enables maintenance enforcement officials to make more frequent inquiries to determine if a maintenance obligation for an adult child remains eligible for enforcement. In addition, when a request is made for an administrative suspension of a maintenance order, each party is entitled to a copy of material submitted by the other party, with any sensitive information deleted.
- Bill 57: The Regulated Health Professions Amendment Act – amends The Regulated Health Professions Act to allow a regulated health profession college to re-register former members, without complying with the usual registration requirements, if the minister notifies the college that a threat to public health exists and their assistance is required.
- Bill 58: The Residential Tenancies Amendment Act – amends The Residential Tenancies Act.
- Rent is frozen at the amount payable immediately before April 1, 2020.
- Evictions are limited to specific circumstances that infringe, interfere with or adversely affect the security, safety, health or well-being of other tenants, such as engaging in unlawful activity. This amendment is effective as of March 24, 2020.
- Late fees for failure to pay rent are prohibited.
- Bill 59: The Public Health Amendment Act – amends The Public Health Act. New prohibitions or requirements can be made in a public health emergency order to prevent the spread of a communicable disease. Measures to assist in the enforcement of public health emergency orders are added. The fines for failing to comply with public health emergency orders are increased. Additional persons may be authorized by regulation to enforce the Act and orders made under it. Orders made under the Act are not subject to The Statutes and Regulations Act. Orders directed to the public at large may be published on a government website.
- Bill 60: The Appropriation Act, 2020 (COVID-19 Response)
- Bill 61: The Loan Act, 2020
- Bill 62: The Fuel Tax Amendment and Retail Sales Tax Amendment Act – amends The Fuel Tax Act to suspend, for the duration of the 2020 public health emergency, the requirements that a carrier who is not licenced under the International Fuel Tax Agreement pay a tax and obtain a single-trip permit upon entering Manitoba.
Private Bills
Passed
Check here for the current status of bills.
As part of its effort to provide accurate information about COVID-19, the Winnipeg Free Press has released a free article detailing these emergency bills. See here for more details.
by George Roy | Apr 17, 2020 | Legislation, Proclamations
The Government has issued the following Proclamation:
The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended) (S.M. 2019, c. 25)
- sections 1, 2 and 9 and Parts 2 and 3 come into force on April 9, 2020
- sections 3 to 8 and Part 4 to come into force on June 27, 2020
This act deals with Extra-Provincial Registrations, Supervision of Cooperatives, and Ownership Transparency. It makes amendments to The Business Names Registration Act, The Cooperatives Act, The Corporations Act and The Partnership Act.
by George Roy | Apr 16, 2020 | Access to Justice, Court of Appeal, Court of Queen's Bench, Notices, Notices, Provincial Court
A new notice to the profession has been posted from all three courts detailing further restriction of access to the courthouses. This notice will limit the number of support persons to two per accused or victim.
It also reminds counsel to respect social distancing and maintaining a two meter gap.
To see the whole notice, please click here.
by George Roy | Apr 10, 2020 | COVID-19, Legislation
The government of Manitoba has set new fine limits for individuals and businesses under The Public Health Act as part of its action to reduce spreading of COVID-19 and to “flatten the curve.”
The fines have been set at $486 for individuals and $2,542 for businesses that breach the new emergency measures.
To see the full news release and more details, click here.
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