The Path to Justice: Preventing Wrongful Convictions
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Manitoba Police Boards: Policy and Procedure
2018 Manitoba Police Boards: Policy and Procedure Manitoba Police Commission 8/1/2018 Table of Contents Chapter 1: Introduction ................................................................................................................................... 4 1.1 Introduction ............................................................................................................................................ 5 Chapter 2: Roles and Responsibilities of Policing Officials and Agencies ....................................................... 7 2.1 Role of the Minister of Justice ................................................................................................................ 8 2.2 Role of the Director of Policing .............................................................................................................. 8 2.3 Role of the Manitoba Police Commission .............................................................................................. 8 2.4 Role of Police Board................................................................................................................................ 8 2.5 Role of Municipal Council ....................................................................................................................... 9 2.6 Role of Police Chief ................................................................................................................................. 9 2.7 Role of Police Officer ............................................................................................................................. -
Carissima Mathen*
C h o ic es a n d C o n t r o v e r sy : J udic ia l A ppointments in C a n a d a Carissima Mathen* P a r t I What do judges do? As an empirical matter, judges settle disputes. They act as a check on both the executive and legislative branches. They vindicate human rights and civil liberties. They arbitrate jurisdictional conflicts. They disagree. They bicker. They change their minds. In a normative sense, what judges “do” depends very much on one’s views of judging. If one thinks that judging is properly confined to the law’s “four comers”, then judges act as neutral, passive recipients of opinions and arguments about that law.1 They consider arguments, examine text, and render decisions that best honour the law that has been made. If judging also involves analysis of a society’s core (if implicit) political agreements—and the degree to which state laws or actions honour those agreements—then judges are critical players in the mechanisms through which such agreement is tested. In post-war Canada, the judiciary clearly has taken on the second role as well as the first. Year after year, judges are drawn into disputes over the very values of our society, a trend that shows no signs of abating.2 In view of judges’ continuing power, and the lack of political appetite to increase control over them (at least in Canada), it is natural that attention has turned to the process by which persons are nominated and ultimately appointed to the bench. -
Benefits DID YOU FILE YOUR INCOME TAX? Even If You Make No Money, You Should File a Tax Return Each Year
FOR MANITOBA HEALTH CARE PROVIDERS: A TOOL TO ADDRESS povertY GET YOUR BENEFITS DID YOU FILE YOUR INCOME TAX? Even if you make no money, you should file a tax return each year. If you do not file your taxes you CANNOT get government benefits such as: RESOURCES Federal Income Tax Credits: GST Credit DID YOU FILE YOUR INCOME TAX? ......................................3 This is a tax-free quarterly payment that helps individuals/families with low or modest incomes to offset all or part of the GST or HST they pay. Employment & INCOME Assistance ........................ 4-5 Working Income Tax Benefit This is a refundable tax credit for working people with low incomes. FAMILIES WITH CHILDREN ................................................6 Provincial (MB) Income Tax Credits: PERSONS LIVING WITH DISABILITIES ................................7 Personal Tax Credit – a credit for low income Manitobans and their dependents. Education Property Tax Credit – for those who pay rent or property taxes in Manitoba. Seniors may qualify for additional amounts. SENIORS AND 55 PLUS .....................................................8 Primary Caregiver Tax Credit – for people who provide care and support to family members, friends or neighbours who need help in their home. ADDICTION Services ......................................................9 Tuition Fee Income Tax Rebate – for graduates of post-secondary programs who live and pay taxes in Manitoba. Health NEEDS ......................................................... 10-11 Child Tax Benefits (CTB): These are monthly payments to help support your children. You may have applied MENTAL Health ............................................................12 for child benefits when you asked for your child’s birth certificate. If you haven’t applied, you can do this by completing the form RC66-Canada Child Benefits FIRST Nations RESOURCES ...........................................13 Application and sending it to Canada Revenue. -
THE Osgoode@125 INDEX
Osgoode Hall Law School of York University Osgoode Digital Commons Osgoode@125 Supporting Material Osgoode@125 2014 The sO goode@125 Index Osgoode Hall Law School of York University Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/supporting125 Recommended Citation Osgoode Hall Law School of York University, "The sgO oode@125 Index" (2014). Osgoode@125 Supporting Material. Paper 1. http://digitalcommons.osgoode.yorku.ca/supporting125/1 This Article is brought to you for free and open access by the Osgoode@125 at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode@125 Supporting Material by an authorized administrator of Osgoode Digital Commons. THE Osgoode@125 INDEX 6066_York_Osgoode Brief Fall 2014_FA.indd 10 2014-09-26 3:07 PM THE SCHOOL: 1. Number of years Osgoode Hall Law School was the only accredited law school in Ontario: 70 (1889–1959) 2. Number of years Osgoode was known as simply “the Law School” or “The Ontario Law School” before being named Osgoode Hall Law School: 35 3. Number of attempts to create a law school before the permanent establishment of Osgoode Hall Law School in 1889: 3 4. Year of the first attempt to establish a law school in Ontario: 1862 5. Year John A. MacDonald was awarded the degree of “Barrister at Law” by Osgoode Hall: 1836 6. Rank of Osgoode among the oldest common law schools in Canada: 2 7. Rank of Osgoode among the largest common law schools in Canada in 2014: 1 8. Number of students in JD, LLM or PhD programs in 2014: 1300 9. -
Police Boards
Manitoba Justice ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Police Boards Board Members Members Carolyn Eva Penner, Altona Susan J. Meighen, Brandon Reginald Atkinson, Brandon Linda Doerksen, Morden Lorrie Dyer, Rivers Angela Temple, Dugald (bil) Anni Markmann, Ste. Anne Mandate: The Police Boards’ mandate, as outlined in the Police Services Act is to provide civilian governance respecting the enforcement of law, the maintenance of the public peace and the prevention of crime in the (insert Town name here), and to provide the administrative direction and organization required to provide an adequate and effective police service in the town or city. Authority: Police Services Act Responsibilities: As outlined in section 27 of the Police Services Act, the Police Boards’ responsibilities include consulting with the police chief to establish priorities and objectives for the police service; establishing policies for the effective management of the police service; directing the police chief and monitoring his/her performance; and performing any other prescribed duties. More specifically, the Police Board fulfills a community purpose. It ensures that community needs and values are reflected in policing priorities, objectives, programs and strategies. It acts as a liaison between the community and the respective town/city Police Service to ensure that services are delivered in a manner consistent with community needs, values, and expectations. The board also ensures that the police chief establishes programs and strategies to implement the priorities and objectives established by the board. Membership: Altona: Five members, with four appointed by the Town of Altona and one appointed through provincial order in council. Those appointed by the town are comprised as follows: a) Two members of Altona town council b) Two community members appointed by Altona town council Police Boards 2 Brandon: Seven members, with five appointed by the City of Brandon and one appointed through provincial order in council. -
The American Influence on Canadian Tort Law
THE AMERICAN INFLUENCE ON CANADIAN TORT LAW The Honourable Mr. Justice Allen M. Linden* This Article pays tribute to Gary Schwartz and other American tort schol- ars and judges for their contribution to the development of a distinctive Cana- dian tort law. Several examples of the direct influence of American tort law on Canadianjurisprudence are described as well as some instances where Cana- dian tort law has resisted the allure of U.S. developments. INTRODUCTION ............................................................ 407 I. THE SCHOLARS WHO BROUGHT AMERICAN IDEAS TO CANADA ........... 408 I. EARLY EXAMPLES OF THE IMPACT OF U.S. TORT LAW IN CANADA ......... 414 A . Products Liability ................................................. 414 B . R escue ........................................................... 4 17 1II. SOME RECENT EXAMPLES OF THE IMPACT OF U.S. TORT LAW IN C ANA DA .......................................................... 419 A . Punitive D am ages ................................................. 419 B. Pure Econom ic Loss ............................................... 421 C . O ther C ases ...................................................... 422 CONCLUSION .............................................................. 424 INTRODUCTION The first time I met Gary Schwartz was about fifteen years ago. I had read the many learned articles he had written and had been very much im- pressed by them. On one of my visits to California, I therefore telephoned him to invite him to lunch. He graciously accepted. Our conversation -
Miller Thomson LLP 1998-2008 WRONGFUL CONVICTIONS in CANADA
Robson Court MILLER 1000-840 Howe Street Vancouver, BC Canada V6Z 2M1 THOMSON LLP Tel. 604.687.2242 Barristers & Solicitors Fax. 604.643.1200 Patent & Trade-Mark Agents www.millerthomson.com VANCOUVER TORONTO CALGARY EDMONTON LONDON KITCHENER-WATERLOO GUELPH MARKHAM MONTRÉAL Wrongful Convictions in Canada Robin Bajer, Monique Trépanier, Elizabeth Campbell, Doug LePard, Nicola Mahaffy, Julie Robinson, Dwight Stewart International Conference of the International Society for the Reform of Criminal Law June 2007 This article is provided as an information service only and is not meant as legal advice. Readers are cautioned not to act on the information provided without seeking specific legal advice with respect to their unique circumstances. © Miller Thomson LLP 1998-2008 WRONGFUL CONVICTIONS IN CANADA Authors: Robin Bajer Monique Trépanier Elizabeth Campbell Doug LePard Nicola Mahaffy Julie Robinson Dwight Stewart TABLE OF CONTENTS WRONGFUL CONVICTIONS IN CANADA ...............................................................................2 CHAPTER ONE – Introduction and Background By Robin Bajer and Monique Trépanier..................................................................2 CHAPTER TWO – How Police Departments Can Reduce the Risk of Wrongful Convictions By Elizabeth Campbell and Doug LePard.............................................................12 CHAPTER THREE – Review: Wrongful Convictions and the Role of Crown Counsel By Nicola Mahaffy and Julie Robinson.................................................................40 -
Voices of Forensic Science
Chapter 14 The Harmful Repercussions of Wrongful Convictions Preetha Jayanthan, Bailey Hennessy "No one should ever be wrongfully deprived of their rights to liberty and freedom without just cause, yet in the past 25 years alone thousands of people have been wrongfully convicted and sentenced to tens of thousands of years in prison." (Kerik, B. B., 2015) Wrongful convictions occur when the criminal justice system fails to uphold its gold standards and thus miscarriages of justice occur. This chapter will take a close look into wrongful convictions caused by, improperly implementing the gold standards of forensic science through examining the aftermath of a wrongful conviction. By paying particular attention to the process of exonerating an individual; with an emphasis on the resources, or lack thereof, available. The chapter will then move towards the supposed ‘finish line’ of being exonerated. This decision, however, does not make up for the psychological trauma caused to the victim of a wrongful conviction. For many, an incorrect conviction can cost years, if not decades, of one’s life. This often causes wrongfully convicted individuals to lose friends, family, and other important relationships, ultimately resulting in mental health issues. What is a Wrongful Conviction? A wrongful conviction occurs when an individual is accused or sentenced for a crime they did not commit, in other words, a miscarriage of justice has occurred (Denov & Campbell, 2005). The root causes of wrongful convictions are seen to be both individual and systemic in nature (Denov & Campbell, 2005). Some examples 253 Are We There Yet? The Golden Standards of Forensic Science of root causes include false confessions, and bias in the system, such as tunnel vision (Denov & Campbell, 2005). -
Communicating Effectively with Indigenous Clients
Lorna Fadden, PhD COMMUNICATING EFFECTIVELY WITH INDIGENOUS CLIENTS An Aboriginal Legal Services Publication Grave, Marble Island, “Dead Man’s Island,” Nunavut, 2014 Marble Island is sacred for Inuit. Visitors are expected to crawl ashore or, according to legend, will die exactly one year later. In 1719 the Knight Expedition set sail to look for the Northwest Passage and never returned - their remains were discovered on this island in 1767. Why an experienced explorer would perish with forty men in sight of land, four days away from a trading post, remains a mystery. Aboriginal Legal Services ALS (formerly Aboriginal Legal Services of Toronto) was formed in 1990. As of 2017, ALS has approximately 60 staff and offices in 11 cities in Ontario. ALS’s initiatives in criminal law include establishing the Community Council, the first urban Aboriginal alternative justice program in Canada in 1992, and helping with the creation of the first Gladue (Aboriginal Persons) Court in Ontario in 2001. ALS also wrote the first Gladue Reports in Canada and we continue to be leaders in this important work. ALS has also been involved in test case litigation, appearing as intervener at the Supreme Court of Canada in Williams (1998), Gladue (1999), Wells (2000) and Ipeelee (2012), among many others. About the Author: Dr. Lorna Fadden The author, Dr. Lorna Fadden, is a Métis person living in British Columbia. She earned her PhD in linguistics from Simon Fraser University in 2008, where for several years she taught linguistics for teachers and learners of Indigenous languages. Her research is in the area of forensic discourse analysis and she has assisted legal counsel on criminal and civil matters involving language evidence since 2007. -
Rule of Law Report
RULE OF LAW REPORT ISSUE 2 JUNE 2018 EDITOR’S NOTE Heather MacIvor 2 TWENTY-FIVE YEARS OF ADVOCACY FOR THE WRONGLY CONVICTED Win Wahrer 3 LEVEL – CHANGING LIVES THROUGH LAW Heather MacIvor 6 EDITOR’S NOTE This issue features two leading Canadian organizations dedicated to justice and the rule of law. Innocence Canada, formerly called AIDWYC (Association in Defence of the Wrongly Convicted), is dedicated to preventing and correcting miscarriages of justice. Win Wahrer Heather MacIvor has been with Innocence Canada since LexisNexis Canada the beginning. As the organization celebrates its 25th anniversary, Win tells its story. She also spotlights some of the remarkable individuals who support Innocence Canada, and those Photo by Fardeen Firoze whom it has supported in their struggles. Level, formerly Canadian Lawyers Abroad, targets barriers to justice. It aims to educate and empower Indigenous youth, enhance cultural competency in the bench and Bar, and mentor future leaders in the legal profession. This issue spotlights Level’s current programming and its new five-year strategic plan. By drawing attention to flaws in the legal system, and tackling the root causes of injustice, Innocence Canada and Level strengthen the rule of law. LexisNexis Canada and its employees are proud to support the work of both organizations. We also raise money for other worthy causes, including the #TorontoStrongFund, established in response to the April 2018 Toronto van attack. 2 TWENTY-FIVE YEARS OF ADVOCACY FOR THE WRONGLY CONVICTED Innocence Canada, formerly the Association in Defence of the Wrongly Convicted (AIDWYC), is a national, non-profit organization that advocates for the wrongly convicted across Canada. -
Policing and Public Safety Strategy
Manitoba’s Policing and May 2019 Public Safety Strategy Keeping Manitobans safe through collaboration, criminal intelligence and provincial leadership. Manitoba’s Policing and Public Safety Strategy Minister’s Message On March 9, 2018, the Manitoba government announced the Criminal Justice System Modernization Strategy (CJSM), following an internal review of Manitoba’s criminal justice system. The CJSM is a four-point strategy. It emphasizes crime prevention. It targets resources for serious criminal cases. It more effectively uses restorative justice. And it supports the responsible reintegration of offenders. The goal of the CJSM is to transform the way we deal with complex issues related to the administration of justice in our province. It is designed to help create safe communities and ensure timely access to justice for all Manitobans. We have made significant progress since the launch of the CJSM. Criminal cases are moving more quickly, fewer people are in custody, and where appropriate, more matters are being referred to restorative justice to enhance accountability and reduce reliance on incarceration before trial. Manitoba is also taking action to improve road safety and reduce the number of fatal collisions on our roads. New legislation will create tougher sanctions for impaired drivers, utilizing a more efficient administrative system that allows police to remain on the road to apprehend more impaired drivers and dedicate more of their resources to arresting violent offenders. Manitoba Justice has already taken concrete actions to address many of the challenges in our criminal justice system. However, while early results show promise, challenges remain and there is much more to do. -
Advocate for Wrongly Convicted, David Milgaard Fights to Keep Innocent out of ‘Cages’”
Networked Knowledge Media Reports Networked Knowledge Canada Homepage This page set up by Dr Robert N Moles On 2 OCTOBER 2014 Valerie Fortney of the Calgary Herald reported “Advocate for wrongly convicted, David Milgaard fights to keep innocent out of ‘cages’”. David Milgaard, who spent 23 years in prison for a murder he didn’t commit, spoke at the John Howard Society in Calgary on Thursday as part of the first Wrongful Conviction Day. Photograph by: Leah Hennel David Milgaard is not by definition an angry man. “I love my life,” says the youthful 62-year-old, who has called Calgary home for the past six years. “I’m grateful for everything I have today.” Stir his memories, though, and the old demons rush over him like an ocean wave. “I had trouble sitting with some men recently who were wrongfully convicted,” he says. “I wish to say that anger isn’t there, but it is there.” Despite the unwelcome emotions such encounters trigger, Milgaard — who spent more than 23 years in a Canadian prison for a crime he didn’t commit — stands outside the John Howard Society on Thursday morning, the featured speaker at a press conference launching the first Wrongful Conviction Day. Together with his long time lawyer Greg Rodin, who also lives in Calgary, Milgaard speaks passionately to the gathered media about the issues surrounding the wrongly convicted. “We cannot let innocent people be disqualified from life, from beauty,” he says. “In our Canadian prisons right now, we have wrongly convicted men, we have wrongly convicted women and, in some cases, children, sitting still right now inside cages.” The new day of recognition is being hosted by the Association in Defence of the Wrongly Convicted, a national non-profit organization that grew out of the Justice for Guy Paul Morin Committee.