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5
Dec

Supreme Court of Canada – Bradshaw and Threshold Reliability

  This is an article about the Principled Exception to the Hearsay Rule and Threshold Reliability. As of the date of the publication of this article, this memo outlines the current state of the law with respect to the Principled Exception to the Hearsay Rule.   Reliability – Principled Exception to the Hearsay Rule Hearsay...
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10
Apr

Dangerous Driving Causing Death or Bodily Harm

  This article contains information about the Criminal Code charge of Dangerous Driving, including dangerous driving causing bodily harm and death. It starts with the Criminal Code Section and the three leading Supreme Court of Canada cases. There are some red light and stop sign cases included. The following is a list of the headings:...
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4
Mar

Appealing a Sentence in Manitoba

  There are two types of appeals allowed by the Criminal Code. The first is appealing a conviction, which is asking the appeal court to overturn a finding of guilt after a trial. The second type of appeal is called a sentence appeal. This type of appeal is asking the appeal court to alter the...
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3
Jan

What is a Subpoena?

  When I’m conducting a trial or preliminary hearing, I make sure to have the Crown prosecutor disclose which witnesses they’ve called to court. This gives defence a chance to organize its case according to the witnesses that are showing up to give evidence. Witnesses are called to court using a document called a Subpoena....
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24
Sep

Ignition Interlock Program in Manitoba

  Manitoba has some of the toughest penalties for impaired driving in Canada. The Criminal Code of Canada contains minimum punishments for drinking and driving, but those are not the only consequences. If you are convicted of impaired driving, refusing to provide a breath sample, or another related offence, you will be prohibited from driving...
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28
Jul

How Does a Youth Criminal Record Work?

  When a young person is convicted of a criminal offence, the government records certain information about the offence and sentence and keeps those records. There are occasions where those records can be accessed or requested, most commonly in the form of a criminal record check. Some employers ask for criminal record checks as part...
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16
Apr

Supreme Court of Canada: Truth in Sentencing Unconstitutional

  The Supreme Court of Canada ruled that the bail provisions of the Truth in Sentencing Act are unconstitutional. Michael Dyck, defence lawyer in Winnipeg and Steinbach, has written an article with details about the case and decision.   Click here to read Michael Dyck’s article   Also click here to read other articles by Michael...
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10
Apr

Marijuana Not Legal In Manitoba Yet

  Michael Spratt, a criminal lawyer in Ottawa, released another great article on his website recently. This time he takes aim at the Liberal Government’s progress on Criminal Justice reform. (click here to read the article) Let’s summarize what the Liberals have not accomplished on the justice front: marijuana is still illegal and the disproportionate...
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25
Mar

Don White: Nelson Lawyer

  Years ago, I worked with Don White at Legal Aid Manitoba. He was a dedicated lawyer and very effective advocate. See his website: www.donwhite.ca Visit his Google Plus page: Link Don White impressed me the moment I met him. He showed me that he was dedicated to his clients and that no battle was...
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22
Feb

Gravitational Waves Discovered

  Albert Einstein’s Theories of Relativity predicted all kinds of crazy phenomena. First, he discovered that the speed of light is the same for everyone, no matter how fast you are moving. If you are moving in one direction at 99% the speed of light, and you measure the speed of light in any direction,...
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