Insights

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...

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...

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...

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...

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...

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...

On February 22, 2021, the University of Toronto’s Rotman School of Management released the report: 360º Governance: Where are the Directors in a World in Crisis? The report is authored by Peter Dey and Sarah Kaplan and provides 13 guidelines “aimed at providing clarity to boards (of corporations) on how boards can effectively consider the interests...

With the jury hearing opening statements in the trial of former Minneapolis police officer Derek Chauvin this week, the issues of police powers of arrest and use of force are particularly timely. While laws in Minnesota differ to some degree from Canada, police officers in Canada are generally authorized to arrest a person they find committing a...

Earlier this year I wrote a brief piece with respect to the right of privacy we all enjoy from the intrusion of the State into our affairs, our private life and our private property/space. That article primarily considered the powers of law enforcement officials to conduct what are commonly referred to as “Covid-19 Compliance Checks” at our homes...

All Canadians enjoy a reasonable expectation of privacy. A reasonable expectation of privacy means that we are free from the intrusion of the State or its agents into our affairs, our private life and our private property/space. At its essence, a person’s reasonable expectation of privacy is meant to protect our personal information which, in a...

This time of year we are reminded about the perils of driving after consuming alcohol and/or drugs. The COVID restrictions may have some impact on the frequency of that happening. Below are some frequently asked questions about drinking and driving. Question: Do the police need an excuse to stop you? Answer: No. In Saskatchewan the police can...

If you walk through Victoria Park in downtown Regina, you will find a statute of Sir John A. Macdonald. For some, the statue is a reminder of colonialism and the pain and suffering caused to Indigenous people as a result of policies enacted by our government. People cite Macdonald’s involvement in displacing Indigenous people from the land, the...