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!

The Dog Days of Summer

The end of August is approaching, summer holidays are ending but the hot sultry days continue.

Since my last entry I had a sense, until looking back, that little happened in the last couple of weeks to chip away the writer's block. The dog days of summer however have been a good cover and distraction from the happenings around us.

Sadly the topic of the MMS has returned to the criminal law and I do not mean Multimedia Messaging Service. MMS in the context of criminal law is the dreaded Mandatory Minimum Sentence. Traditionally judges have been given wide latitude when sentencing offenders in Canada as the Criminal Code sets out parameters rather than mandatory terms. Currently the  Criminal Code does call for minimum sentences for a limited number of offences(i.e. repeat DUI and weapons related offences). The Federal government however, is poised to amend the Criminal Code and introduce more MMS penalties.

This plan has been criticized by many both inside and outside of the legal community. To my surprise even one of the daily newspaper editorials in my city commented negatively on the proposed amendments to the Criminal Code. It is not likely the opponents the MMS amendments will cause for a change in course. Unfortunately Canada will jail more of its less fortunate, focus less on rehabilitation and increase the tax burden to support costs associated with both more and lengthier periods of incarceration.

My newspaper friend DSK returned to the news following the long awaited announcement by New York Prosecutors that a recommendation for dismissal of charges was filed in the Manhattan Supreme Court. In Canadian terminology, the prosecution is of the opinion there is no reasonable likelihood of conviction. Small comfort for DSK who was arrested and hauled off an Air France flight on the allegations and effectively forced to resign as the head of the IMF. It is unfortunate the investigation into the allegations took place after the arrest, the embarrassment and costs incurred by DSK.

Regarding matters culinary, I visited Winnipeg's latest arrival to the pizza scene - Carbone Coal Fired Pizza -  http://www.carbonecoalfiredpizza.com/ . The pizza's are baked in an anthracite coal burning oven. The menu is simple, the atmosphere upbeat and the service attentive. Lactose intolerant and gluten free diners are happily accommodated. Pizzas are served on wooden pizza peels. We shared a salad and a 16 inch Peppino pizza - more than enough for two. With 2 glasses of wine the meal was slightly more than $50.00. The pizza was so good we ate half before taking a photo,

Lastly, a thought for the day passed along to me by a colleague,

"When asked “What thing about humanity surprises you the most?”, the Dalai Lama answered: 

“Man…. Because he sacrifices his health in order to make money. Then he sacrifices money to recuperate his health. And then he is so anxious about the future that he does not enjoy the present; the result being that he does not live in the present or the future; he lives as if he is never going to die, and then dies having never really lived." 

Enjoy the dog days!!!

Enjoy each and every day !!!

Max and Roxy - Life 101

The past week was shared with my dog Max’s girlfriend Roxy. Some of you know Max, a slender, fast running and loud baying beagle. His girlfriend, Roxy, is a large girl, a cross of Shepherd and Rottweiler with more whimpers than woofs. Max is the son of an AKC Champion hunter and Roxy, a girl of mixed origin. You might say a boy and a girl from opposite sides of the track!

The two have known each other for few years now. Max was looked after by Roxy’s adopted parents early on in Max’s life when he was left there while his adopted family went on vacation. Since the first date Max and Roxy continue to be a very special loving couple. Roxy and Max live apart because they have no choice. The daily separation brought on the two by circumstance does not affect their relationship.

Max has had many sleepovers in his life at Roxy’s and this past week was Roxy’s first sleepover at Max’s house. Like all kids Roxy was restless and missed her adopted parents but quickly adapted and settled into the routine at Max’s -  early to rise, early to bed, lots of exercise, healthy eating and spoiling.

This was a good week for Roxy's visit as my court obligations were light and my time more manageable making working from home easier. My flexibility allowed me to watch first day of the visit and be around if needed. What I learned quickly is that Max and Roxy have an order, a routine and apart from eating, exercising and evacuating outdoors are fine without me.

The adoptive parental concern - how Max and Roxy will get along - that they are oblivious to, both at home and away, did dissipate allowing me the opportunity to be reminded of some important lessons.

Max and Roxy remind us that size and colour, shape and background, birthright and origin do not matter – they are possessed of no prejudice.

They have disagreements but quickly work them out, make up, know how to and want to live in peace.

They have different diets and eat different food, they can eat together at the same time and be respectful of each other.

They share each other’s toys and sleeping areas.

In their own simple way Max and Roxy are so different but so alike – just like all of us.

As the week with Roxy ends today I am sad to see her return home.

If they only knew how much they could teach people that the world can be a so much better place.



Two Midsummer Nights' Dinners

Winnipeg can be challenging climatically. The extremes of a -40 C winter day

just do not seem to make sense when contrasted with a hot summer day where the humidex can reach  +40 C sending many Winnipeggers to Grand Beach a little more than an hour drive from the city centre.

The hot days of late July and early August are my favorite days of the year. Sadly Winnipeg does not get enough hot weather.

Enough of the weather! It is contrast that drives my agenda. You may recall that less than two weeks ago I wrote about my experience at Gordon Ramsay's Maze Grill in London - http://www.gordonramsay.com/mazegrill/ . On August 1st I had dinner at one of Winnipeg's finer steak houses - "529" http://www.wowhospitality.ca/restaurants/wellington.html .

The greeting at 529 is leaner than the Maze Grill, no table hostess, sommelier and busboy visiting regularly.

We were however promptly escorted to our table and visited by the waiter who within minutes of our being seated took drink orders and appetizer requests.

At 529, unlike Maze we were offered the "meat tour". The “meat tour” is the display of the cuts of meat offered in the raw. I have no problem seeing the meat as I might look at it in the butcher shop. It is the restaurant “meat tour” I do not need having taken the time to learn about what I am eating before I go the restaurant. It is unfortunate Maze did not offer the option.

Diners can easily learn the different cuts. http://www.thehealthybutcher.com/livetoeat/volume2/LiveToEat-Volume2-Beef_Basics.html .I would recommend such study so that you can opt out of the tour but more importantly to learn about what you are eating.

We shared an appetizer and salad. The presentation of the raw oyster appetizer was awful, oysters on a bed of wilting shredded iceberg lettuce. Some ice crushed in a blender spread over a glass platter would have been a cheaper and better alternative. The beefsteak tomato and fresh mozzarella salad drizzled with olive oil, balsamic reduction and basil chiffonade was excellent.

The 529 people say they serve "Canadian Prime, the best available beef in Canada. Canadian Prime represents less than 1/2 of 1% of all beef production in Canada and is served exclusively at 529 Wellington". In contrast Maze serves 13 different cuts of meat from 5 different breeds of beef. Our "Canadian Prime" the 8 oz. filet was just as good as the Aberdeen Angus grass fed, aged 28 days.

My cut was so poorly cooked at Maze that 529 had little to compete with however, Steph's cut at Maze was so good that it was my comparable for the evening review. Thankfully I did not get a triangular portion at 529. Both filets were grilled as ordered and perfect.

The beefsteak tomato was so good that I ordered a few slices, undressed, to have along with my steak. Along with the tomato we shared wild mushrooms and fries. The fries were not greasy and held their crisp and warmth throughout the dinner.

For dessert we shared the Warm Loaf of Blueberry Bread Pudding with Caramel Cream. This dessert is so good that Maze should replace any one or more of its desserts with the 529 bread pudding.

London - Winnipeg / Maze -529. Two different cities two different restaurants. One big name one remodeled prairie mansion, five (5) different breeds/13 cuts, Canadian Prime 4 different cuts.

Many contrasts but one winner - 529!



The holiday fades but not the clang !

I have re-adjusted to the daily routine. Holiday mode, now a distant memory! Two weeks ago I was making my packing list. Today, I barely remember being away.

As an appetizer of what lies ahead for the remaining summer months and fall, I ended the weekend with a visit to the provincial jail, Headingly Correctional Centre (HCC).

The eerie sound of the prison door clanging is a sound I first heard many years ago when I started practicing law. Since my call to the Bar there have been many changes in law and in my practice but the "clang" has not changed. It is a sound you never forget!

The appetizer - a visit to an in-custody accused awaiting trial. A taste of the force of law. Most are unlikely to get a taste of criminal law. Most never hear the clang.

My hearing of the "clang”, being locked in and walking away freely after an hour is a privilege; a reminder of the opportunities afforded to me as a member of the legal profession and the responsibilities that come along with those opportunities and privileges.

HCC might not house the rich and famous like Dominique Strauss-Kahn (DSK) who spent a number of days at Riker's Island in New York after being hauled off an Air France flight following a complaint of sexual assault on a hotel maid. Nevertheless, the DSK matter is a good reminder that we should never pre-judge or judge any case based on argumentum ad hominem or by reason that an individual is in pre-trial detention before the evidence is complete.

There may never be a day in Winnipeg where a DSK-like individual is arrested and detained at HCC, but like DSK, those at HCC are presumed innocent until convicted, and my job is no different than if I were defending DSK.

A Picnic in the park - Manitoba style!

In my Sunday July 10 blog I described our Sunday stroll through the Jardin des Tuileries to and from the Louvre. The Jardin I observed was full of people enjoying picnics. Good company, good food and for many a good bottle of wine as well. A very civilized way to enjoy a day away from the the business of life in a public park.

On my return home the lawyer in me needed to confirm my recollection of the Manitoba Liquor Control Act prohibition against consumption of liquor in a public place. Well, my memory was correct, section 120 of the Act makes it an offence to consume liquor in a public place. What better way could there be to spoil a romantic afternoon in the park than a ticket for bringing along and uncorking your favorite wine with your edibles.

I am not sure why Manitobans are so less civilized than the Parisians that Manitobans need to be controlled by such paternalistic legislation with quasi-criminal consequences.

Those who know me, know that all too often I choose a can of Coke over a glass of red. Nevertheless, I would prefer not to be treated like a child and face punishment for enjoying a picnic Parisian style.