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"Gating" — the first ever documented case?

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It's been interesting watching (and hearing, sometimes directly and loudly) the strong reaction to the "gating" controversy that's erupted in Manitoba in recent days.

If anything, it's generated a lot of debate, awareness and attention towards the province's arrest-warrant backlog problem, police workload issues, and issues of procedural fairness for suspects in our courts and jails. 

I won't belabour things by reciting various reports outlining the practice and the issues it raises.

You can get caught up in five to 20 minutes by starting here, then going here, reading herehere and here and then checking out more on it in the Free Press in coming days.

Others, like former WPS Sgt. James Jewell also have strong opinions on the subject. 

A veteran Winnipeg lawyer emailed me yesterday to alert me to what may be the first published legal decision in Canada that references 'gating' as a practice.

Not one carried out by police, mind you, but by the National Parole Board, of all entities. 

It's interesting to me that the term exists in law. 

Here's the 1983 Ontario Court of Appeal decision on 'gating,' for the record (and the court found the practice out of bounds, BTW.)

1983canlii1677

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About James Turner

James Turner rejoined the Free Press as a justice-beat reporter in August 2013 after a number of years away working at other media outlets, including the Winnipeg Sun and CBC Manitoba.

A reporter in Winnipeg since 2005, he got his first taste of the justice beat as a former Free Press intern, then as the newspaper's police reporter from 2008-09.

Among the topics he's eager to cover are youth crime, street gangs, child-welfare and how the mental health and justice systems intersect.

An avid blogger and early adopter of Twitter, James (@heyjturner) loves to write long, much to the frustration of his editors.

He despises animal cruelty. He loves 80s music and his tubby labrador retriever.

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