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!