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.
In Episode 82 of The Docket, a legal podcast broadcast by Michael Spratt and Emilie Taman, the hosts summarized the latest issue of Criminological Highlights, itself a summary of research on criminal justice policy.
Criminological Highlights is designed to provide an accessible look at some of the more interesting, high quality, criminological research that is currently being published. Its focus is on research that is policy-relevant.
The federal government’s legalization of non-medical (recreational) cannabis on October 17, 2018, marks the end of a 95-year prohibition in Canada. The magnitude of this change on a societal level is yet to be determined and understood, but lawyers are already grappling with the legal rules and ramifications of legalization. In its continuing professional development (CPD) series Considering Cannabis, the Law Society of Manitoba will offer programs addressing the legalization of cannabis from a variety of legal perspectives.
Our first program in the series features RCMP Sergeant Mark Hume who will speak about the extensive changes to the transportation provisions of the Criminal Code, with a focus on the sections relating to drug-impaired driving. This CPD Reforms to Transportation Offences and Drug-Impaired Driving Offences takes place this Thursday, November 22, and registration for in-person or webinar attendance is still available.
Coming up next in the series, on January 10, 2019, Tracey L. Epp, Pitblado LLP will review the workplace impacts of cannabis legalization, including the need for employers to amend existing policies to address the use of recreational cannabis.
Please watch for further updates about Considering Cannabis programs to come in 2019.
Keeping to yesterday’s theme on Criminal Law and Impaired Driving resources, the SCC recently released a couple of decisions on driving under the influence.
From Supreme Advocacy Issue #61’s “Supreme One-Liners”:
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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