Self-defence is a vital legal defense for individuals facing assault. It involves responding to force or threats of force with reasonable force to protect oneself or others from an imminent attack. In March 2013, the Citizen’s Arrest and Self-Defence Act replaced the former self-defence sections of the Criminal Code in […]
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No matter the offence, the Crown Attorney must always prove the identity of the accused as the person who committed the crime in order to secure a conviction. Depending on the case, sometimes the accused identity is admitted and not in issues. In other cases, the sole issues is the […]
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In criminal law, offences are classified as either general intent or specific intent, depending on the mental element or mens rea required for the offence. Understanding this distinction is crucial, as it can impact the defences available to the accused, including the defense of intoxication. If you or a loved […]
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De Minimis Non Curat Lex is Latin for “the law does not care for small things.” In a number of criminal cases the de minimis defence has been raised successfully, though appellant courts have not been clear on its availability for all offences. In R v Peleshaty, the Manitoba Court […]
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The Winnipeg Mental Health Court is one of three problem solving courts in Manitoba, which include the Winnipeg Drug Treatment Court and the Thompson Domestic Violence Court. The idea is similar to that of the Winnipeg Drug Treatment Court, except with the focus on mental health instead of addictions, though […]
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The first drug treatment court (DTC) was established in Toronto in 1998. The idea was to bring together professional treatment services for those involved in the criminal justice system in order to effectively address offenders’ drug additions. Soon after a drug treatment court was developed in Vancouver, Edmonton, Winnipeg, Ottawa […]
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All to often the Manitoba criminal law courts are filled with stories of tragedy. It’s the nature of the criminal justice system. A system that involves victims and offenders. Every once in a while, those privileged to participate in the justice system are blessed with different kinds of stories. Stories […]
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Uttering threats is a charge that frequently appears before the law courts in Manitoba. Often these charges arise in the context of domestic relationships and the work place. Heated words exchanged in a moment of anger may put a law abiding individual in unexpected criminal jeopardy. In R v O’Brien, […]
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In Manitoba there are many different kinds of court orders designed to protect those in the community who safety is endangered. These orders may be made by the criminal, civil and family court. The criminal court will issues protective conditions in the form of undertakings and recognizance, in-custody non-communication orders, […]
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If you have been charged and convicted of an offence under the Criminal Code of Canada or the Highway Traffic Act in Manitoba, you may face a licence suspension from the court or the Manitoba registrar of motor vehicles, or both. For example, if you are convicted of impaired driving, […]
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