Go Jets Go - Get Out and Support Your Party!!

Winnipeg,and Manitoba for that matter,is busy. The Jets have returned to Winnipeg after a long absence and start their fight  for the coveted Stanley Cup and political party candidates running for election duke it out on the streets of Manitoba for seats in the legislative assembly.

  

The Jets home opening exhibition game on Tuesday September 19 was played before what local media report as a crowd of 15,004. Wikipedia reports MTS Centre seating capacity for hockey as 15,015. The polling stations will not see near complete attendance on October 4!

The Jets have managed, except for a few seats being made for purchase,to sell out each home game for the next 3 to 5 years by long term commitments made by season ticket holders for ticket purchases.The provincial election which happens every four years struggles to draw a crowd greater than 60% of eligible voters.

Section 3 of the Canadian Charter of Rights and Freedoms sets out that every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly. Voting affirms our rights as free citizens to elect a representative and take part in democracy. One does not need to look far to find examples of countries where voting freely by secret ballot is not a legaly protected right.

The return of the NHL to Winnipeg and ensuring its stay required people to step up, commit and participate.

We should all get and vote to protect democracy and remind ourselves of the freedoms we enjoy.

FROST WARNING IN EFFECT !!!

Fall is coming but who expects a frost warning before the Ides of September. I could not believe what I read at 6 am today when checking the Environment Canada website before heading out for a run to Assiniboine Park and back

Temperature 0 Celsius feels like -4 

I cannot deny that the temperature is great for running but how can one explain a balmy 31.5 Celsius on Saturday September 11 and zero yes 0 Celsius on September 14.

This early Fall makes adjusting to the trial season much easier for me. From the "he said - she said" earlier this month September winds down with experts and DNA reports.

The other day in a client meeting the anxious individual wanted to know how much I wanted to hear about the matter for which they were seeking advice and what becomes of what I am told. The questions prompted an explanantion of the solicitor - client privilege.

Long before a legal dispute or criminal charge gets to a trial the client will have to meet with a lawyer in order to get proper legal advice for their predicament. The initial meeting with legal counsel is typically set up in a telephone call. Before the call is made those wanting legal advice often ask themselves; "what should I or how much should I tell the lawyer"? In the call to set up an appointment the questions "what should I bring", "can I bring someone along to sit with me at the meeting" are regularly asked. All good questions

Unlike other professionals, communications with your lawyer are protected from disclosure by the lawyer to others by reason of the solicitor - client privilege. The general rule is where legal advice of any kind is sought from a lawyer in his capacity as a lawyer, the communications relating to the legal matter, made in confidence by the client, are at the client's instance permanently protected from disclosure by the client's lawyer. 

The Law Society of Manitoba Code of Professional Conduct rules set out that lawyers at all times must hold in strict confidence all information concerning the business and affairs of the client acquired in the course of the professional relationship and must not divulge any such information unless:

(a) expressly or impliedly authorized by the client;

(b) required by law or a court to do so; or

(c) required to deliver the information to the Law Society, or

(d) otherwise permitted by the rule.

So, if your lawyer advises that he/she wants to meet with you in private and not in the company of your parents, spouse, friend, or companion there is good reason.

There are some exceptions to what is described as the "highest privilege recognized by the courts". The exceptions include communications with a view to obtaining legal advice to facilitate the commission of a crime and compelling public interest reasons.

Clients of course can waive the privilege and authorize the lawyer to disclose private communications.

I was just about to hit the post button and stopped as I knew something was missing - tonight it is Magic Thailand a great restaurant located at 842 Logan Ave. in Winnipeg (the corner of Logan and Tecumseh). Do not be alarmed, the area is safe and the restaurant is directly across the street from the Canadian Pacific Railway Logan Shop. Magic serves up great food at reasonable prices. Sorry no webpage for Magic.

If you are looking for a more upscale neighbourhood try Sabai Thai Eatery (http://www.sabaithaieatery.ca/) at Corydon and Wilton. Sabai is operated by the son of the Magic family.

Turn! Turn! Turn! (to Everything there is a Season)

For some reason, likely attributable to returning to school after summer holidays, the first weekend in September, the September Long Weekend, signals the end of summer. The bright early mornings have gone for another year and more than enough leaves have now fallen to hide a golf ball landing in the rough after an errant shot.

We all know that fall, the autumnal equinox, falls in the third week of September, this year on the 23rd, but for some reason it seems like it is the long weekend that marks the seasonal turn not the tilt of the earth's axis.


But what a summer it has been! Huge transformations in the Arab world starting in Tunisia, then Egypt and spreading to Libya, Yemen and Syria. How the transition to democracy unfolds remains to be seen but there can be no denying that the spirit of change has brought about hope in many for reform.


Within weeks of returning to Winnipeg from London riots for 3 days in August resulting in the arrest of hundreds and significant property damage.


Closer to home flooding and hurricanes bookended the season for many Canadians and Americans.


Here in Winnipeg the hot days and warm nights continue with daytime temperatures in the +30C range. The beloved Jets have returned, the Canadian Museum of Human Rights is well along in the construction phase and my work schedule busy.


In each of the last two weeks one witness sexual assault trials have kept me busy. Both were "she said he said cases". The one witness case turning on witness credibility alone is difficult for both the prosecution and the defence. Judges hearing these cases have a difficult task. The Supreme Court of Canada (SCC) in 1991 set out instructions for judges on how they should approach such cases,

First, if you believe the evidence of the accused, obviously you must acquit.

Second, if you do not believe the testimony of the accused but you are left in reasonable doubt by it, you must acquit.

Third, even if you are not left in doubt by the evidence of the accused, you must ask yourself whether, on the basis of the evidence which you do accept, you are convinced beyond a reasonable doubt by that evidence of the guilt of the accused.

Seemingly simple enough but, not. In 2008 the SCC said the above three statements should not have attributed to them a level of sanctity or immutable perfection that their author never claimed for them. The instructions need not be given “word for word as some magic incantation”. Furthermore, that lack of credibility on part of the accused does not equate to proof of his or her guilt beyond a reasonable doubt.


It is amazing how such cases, often times simple factually, can be so complicated. At http://www.canlii.org/ reported cases from across Canada can be found including those that involved the issue of credibility in criminal trials.


For energy while reading I am recommending Spaghetti with Crab Meat, Cherry Tomatoes and Arugula. The recipe can be found at  http://tinyurl.com/3fera5y

Enjoy!