New edition of “Prosecuting and Defending Sexual Offence Cases” now available online.

The second edition of Prosecuting and Defending Sexual Offence Cases by Daniel Brown and Jill Witkin, is now available to member’s online through the Member’s Portal.

Sexual Offence Cases 2e

This new edition contains “new chapters on historical sexual offences and cross-examination on private records, and reflects changes in Bill C-51 pertaining to third party records, other sexual history, and consent. Analysis of case law and relevant Criminal Code provisions have been integrated throughout in order to effectively guide readers through the flow of a sexual offence case.”

Also included:

  • Discussion of the new s. 278.92 regime that governs the use of records in sexual offence cases;
  • New section dealing with “myths and stereotypes” in relation to the complainant as well as the accused;
  • Key commentary, from both Crown and defence, on advocacy and trial strategy.

This title is the fourth volume in Emond’s Criminal Law Series. Check out the rest of the series in the Library Resources section of the Member’s Portal.

Judicial Consideration of Mandatory Roadside Breath Tests

If you practice impaired driving law, you may want to review this decision from Saskatchewan Provincial Court on the constitutional validity of mandatory roadside breath tests as implemented by Bill C-46.

In R. v. Morrison, 2020 SKPC 28, M.M. Baniak, J. delivers a discerning judgment on a variety of issues: notice for delay, a voir dire re Charter challenges blended into the trial itself, analysis of s. 320.27(2) of the Criminal Code including a discussion of Parliament’s legislative intent by analysing the words of the preamble to Bill C-46, and a discussion of the judicial meaning of “immediately”.

[172]      Obviously, s. 320.27(2) also has a deleterious effect.  Every person in a free and democratic society should, to the greatest extent possible, be free from a warrantless search or seizure especially when no grounds or reasonable suspicion exist.  This becomes even more concerning when that search or seizure incriminates the person.

[173]      However, the new provision, even though it eliminates the reasonable suspicion requirement, is grounded to an extent on the premise that it is a supplemental investigative tool that is not determinative of a person’s guilt and is subject to judicial review.  The search is restricted to provision of breath samples.  It does not extend to a person’s belongings or his living space.

Even if it’s not applicable in Manitoba, I think it’s a good example of all the elements that can be considered in a decision.

Additional Commentary:

Saskatchewan court rules mandatory roadside breath testing constitutional / Kyla Lee (The Lawyers Daily, August 24, 2020)

New Online Titles

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.

ONCA on s. 15 of the Charter

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.

Additional commentary:

Some conditional sentence restrictions struck down in first successful Charter challenge”, (The Lawyer’s Daily)

WE scandal and an interview with Nader Hasan, (counsel for the appellant Ms. Sharma) (The Docket podcast; interview starts at 33:36)

New Library Resource

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.