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A five-minute penalty, game ejection … and a criminal record
For many Canadians, the turn of the calendar into the fall and winter months means the return of playing hockey. In Saskatchewan alone, there are hundreds of recreational hockey teams, all representing different ages, skill levels, and intensity. At its core, hockey is a physical game. Even a non-contact, recreational league commonly involves...
Blood Samples in Criminal Driving Investigations: a Complicated Process that May Lead to Mistakes and Defences
In certain circumstances police offices have the statutory authority to obtain breath samples or blood samples from drivers. The Criminal Code states that where a police officer has reasonable grounds to believe that a driver has operated a conveyance (i.e., a motor vehicle) while impaired, the police officer may demand breath samples from the...
Parenting of Children in a Separated or Divorced Family Situation
Separation and divorce is a stressful time for all family members, including your children. Our Family Law Practice Team lawyers provide a thoughtful approach to designing parenting arrangements best suited to your family. When people are married, federal legislation called the Divorce Act governs issues related to parenting, and child support...
Recent Trends in Leave Applications: The Saskatchewan Farm Security Act
Section 9(1)(d) of The Saskatchewan Farm Security Act (“ SFSA”) prohibits creditors from commencing an action against farm land without first obtaining an order of the Court. Before such an application can be made, however, the creditors must first complete a lengthy process that includes: serving a notice on the farmer and the Farm Land Security...
Proposed Bill to Repeal Mandatory Minimums for Drug Offences
Last year, Adam MacNeil wrote an article outlining a newly implemented Federal Guideline directing Crown Prosecutors only to prosecute the most serious of drug possession charges. As he promised in his article, Adam will be providing an update with respect to the full practical implications of that guideline. Stay tuned. Meanwhile, the opioid...
Workplace Injury Benefits for First Responders Suffering from PTSD: A Look at Pierson v Estevan Board of Police Commissioners
In the fall of 2016, the Saskatchewan Legislature amended the Workers Compensation Act to specifically allow Saskatchewan first responders – police officers, firefighters, paramedics, among others – to make claims for workplace injury benefits based on psychological injury. In doing so, the Legislature recognized that, not only are first responders...
When is an Appeal Moot?
Lauren Wihak and I recently had an opportunity to argue the question of when an appeal is moot and as a result should not proceed. Generally this will arise when the underpinning of the appeal no longer exists (for example when the legislation has been amended). The Supreme Court of Canada established a two-part test for determining whether an...
Drinking & Driving – SGI Licence Suspensions
As criminal defense lawyers, we primarily advise our clients with respect to the criminal implications of certain driving offences. That being said, our clients often ask about the interim and final implications of drinking and driving charges on their ability to drive. Given the geography of Saskatchewan, including its cities and towns, our...
Concerns with “Judicial Training” and Bill C-3
Our two summer law students, Serena Saini and Megan Ripplinger, posted an excellent article on Bill C-3 and the judicial training of federally appointed judges concerning sexual assault cases. Their post represented a good summary of the proposed legislation and identified the issues associated with this initiative. I am deeply concerned with the...
Bill C-3 and Judicial Training on Sexual Assault Cases
New legislation regarding sexual assault training for federal judges received royal assent on May 6, 2021. It comes in response to a series of sexual assault cases that drew public criticism, including comments which were perceived to be victim-blaming made by the presiding judge in R v Wagar, 2015 ABCA 327 (overturned on appeal in R v Wagar, 2017...
Golf carts, lawn mowers, and canoes: The unique ways you can be charged with impaired driving
Getting behind the wheel of your golf cart after a great drive off the first tee. Hopping on your riding lawnmower to give your grass a fresh cut on a Sunday afternoon. Paddling a canoe at sunrise on a lake that is smooth as glass. All of these activities are synonymous with summer, but what else do they have in common? Engaging in these activities...
What is the Difference Between Impaired Driving and Drive While Over .08?
The terms “impaired driving” and “drive while over .08” are often used interchangeably to describe a situation where an individual has been stopped by the police and charged as a result of drinking and driving. They in fact are two separate and distinct offences. In most instances an accused will be charged with both impaired driving and drive...