by Karen Sawatzky | Jul 4, 2018 | Commentary, Criminal Law, Current Awareness, Digests
Further to our previous post on current awareness, we’d like to offer distribution of the following newsletters on criminal law:
- Milligan’s Criminal Law Advisor (monthly)
- Police Powers Newsletter (monthly)
- Mack’s Criminal Law Bulletin (biweekly)
- Segal’s Motor Vehicle and Impaired Driving Newsletter (biweekly)
- Watt’s Criminal Law and Evidence Newsletter (biweekly)
- Alan D. Gold’s Criminal Law Netletter (weekly)
- Impaired Driving Netletter (bimonthly)
If you’re interested in receiving any or all of these newsletters, please email library@lawsociety.mb.ca so we can add you to our distribution list. Please note that you must be a member of the Law Society of Manitoba in order to receive this service.
by Karen Sawatzky | May 16, 2018 | Access to Justice, Criminal Law, Sentencing
Gladue reports are pre-sentencing or bail hearing reports which take into account Indigenous offenders’ background on sentencing. They stem from a landmark 1999 Supreme Court of Canada decision. The University of Saskatchewan has developed a research database to assist Gladue report writers by making them easier and less costly to prepare. Access to the database is by subscription, which revenue will be used to hire students to update the database.
The new Gladue Rights Research Database provides lawyers, researchers and others with instant access to the insights and conclusions of more than 500 academic works related to the history of settler colonialism in Saskatchewan. It also includes a large and growing body of oral history resources and key archival documents.
Robson Hall at the University of Manitoba has developed a Gladue Handbook to help report writers in Manitoba.
This is a really interesting and exciting development for the protection of Gladue rights.
News release from University of Saskatchewan
by Karen Sawatzky | Feb 14, 2018 | Criminal Law, Law Society Publications, Legal Research
The February 2018 edition, Update No. 86, has just been released.
In This Issue
- Indeterminate Sentences Constitutional: SCC
- Ensuring Juries are Properly Instructed: MBCA
- Photo Lineup Identification Evidence: MBCA
- Role of Exceptional Circumstances in Sentencing “Limited and Rare”: MBCA
- 45 Months’ Delay Unreasonable: MBQB
- Recent Sentencing Decisions
- Provincial Court Notice and Form
- Recommended Reading
- Criminal Justice Conference: CBA
by Karen Sawatzky | Jan 2, 2018 | Court of Queen's Bench, Criminal Law, Practice Directions
The Manitoba Court of Queen’s Bench has issued the following new practice direction:
Beginning in February 2018, as a one-year pilot project, all pre-trial conferences for judge-alone trials in the case of new criminal matters will be managed by one of approximately eight judges. A first group of four of these pre-trial judges will be assigned to this project for the first six months of the year and a second group of four pre-trial judges will be assigned to this project for the second six months of the year. Each new criminal matter proceeding by judge-alone will be assigned to one of these pre-trial judges.
Please read the practice direction in full.
by Karen Sawatzky | Sep 20, 2017 | Access to Justice, Criminal Law, Sentencing
Criminal lawyers take note. The founder behind Rangefindr.ca has developed a freely accessible site monitoring the status of various mandatory minimum sentencing guidelines.
The website it created, called MMS.watch, gives legal professionals a chance to check which mandatory minimum sentences have been challenged or struck down as unconstitutional.
For more information check out this article published in The Lawyer’s Daily
by Karen Sawatzky | Jul 7, 2017 | Criminal Law, Delay
The Manitoba Court of Appeal released a decision that contained a significant analysis of what constitutes a delay in court proceedings, and whether it warrants a dismissal. R. v. Schenkels, 2017 MBCA 62 originated as an appeal of a conviction by a jury for aggravated sexual assault, but also claims delay. Hamilton, J.A. also cites the even more recent Supreme Court of Canada decision of R. v. Cody, 2017 SCC 31.
These decisions demonstrate how long it takes for a matter to go from a charge to an acquittal or conviction. Guidance from the Court of Appeal should help keep it in check.
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