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What is “Disclosure” and What Remedies are Available if it is Mishandled in Your Case?
When you are charged with a criminal offence, you are entitled to obtain disclosure from the Crown—either on your own or with the assistance of legal counsel. “Disclosure” is the records in the possession or control of the Crown which are obtained through police investigation, and which may be used against the accused. Disclosure may contain...
Waiving goodbye to statutory exemptions: A discussion of ownership, exemptions and waivers pursuant to The Saskatchewan Farm Security Act
In family farming operations, assets are often shared amongst family members, regardless of who the actual owner is. However, if you are a lender who has taken a security interest in a farming asset that is exempt from seizure pursuant to The Saskatchewan Farm Security Act 1 (the “ SFSA”) and you have asked the owner of the asset to execute a...
Constructive Dismissal during the COVID-19 Public Health Emergency
There have been two recent cases in Ontario which may significantly change the law of constructive dismissal in Canada. Both involve the interactions of employment standards legislation and the common law. In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, the Ontario Superior Court of Justice in April 2021 determined that the employment...
If I am convicted of impaired driving, where am I prohibited from operating a motor vehicle?
Individuals convicted of impaired driving in Saskatchewan are, among other things, subject to a Court ordered driving prohibition. They are typically prohibited under section 320.24(8) of the Criminal Code from operating a motor vehicle on any street, road or highway or in any other public place. The question that often arises for individuals, as...
Criminal Trials are not Championship Sporting Events
We can all think of examples, whether at home or abroad, of high profile criminal trials that generate significant public and media interest. Often, it appears that strong opinions are formed about the matter long before the details of what happened are known and long before the evidence is assessed at trial. Rather, positions are taken much...
Prenuptial, Cohabitation, and Interspousal Agreements
In Saskatchewan, The Family Property Act (“ FPA”) legislates the rights between common-law spouses and married couples. The FPA is specific to Saskatchewan. Each province has its own legislation regarding family property. At times, a couple may decide that legislated rights and obligations are not a good fit for their specific relationship, either...
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...