Federal Court of Appeal overturns decision requiring action on judicial vacancies

OTTAWA - A panel of judges has overturned a court ruling that directed the federal government to step up the pace of judicial appointments to address an "untenable" number of vacancies.

The Federal Court of Appeal allowed the government's challenge of the ruling, saying the Federal Court lacked jurisdiction to hear the case in the first place.

In a February 2024 ruling, Federal Court Justice Henry Brown said constitutional convention requires Ottawa to appoint a new judge to a vacancy within a reasonable period of time.

The government asked the Federal Court of Appeal to set aside the judgment and dismiss the underlying application brought by lawyer Yavar Hameed.

To the margins of our rivers, our marginalized

It’s not surprising that in the not-quite-public spaces on the margins of Winnipeg's rivers live the marginalized, the people not quite suited, for whatever reason, to a life away from its shores.

Heiltsuk Nation ratification feast brings written constitution into force

The Heiltsuk Nation has ratified its written constitution through a celebratory feast in Bella Bella, B.C.

Marilyn Slett, the nation's elected chief, called it a "monumental day" that comes after two decades of development and consultation.

"It's hard to put into words how big it is. It's definitely a day of celebration and reflection on everything that brought us to the day," Slett said of Friday's feast.

The Heiltsuk Nation approved the adoption of a written constitution for the First Nation on British Columbia's central coast in February. That followed six months of engagement with more than 2,000 Heiltsuk members in Bella Bella, Nanaimo and Vancouver.

Christian Monnin, ou la chance d’un esprit de famille

Christian Monnin a été nommé juge à la Cour du Banc du Roi pour le Manitoba au début du mois de mars, un évènement fortement symbolique au regard de son histoire familiale.

Symbolique, et sûrement unique au Manitoba. Comme son grand-père, Alfred, mais aussi son père, Michel, et également son oncle, Marc, Christian Monnin, ancien président de la Société de la francophonie manitobaine (SFM), est devenu lui aussi juge à la Cour du Banc du Roi.

Si c’est une fonction sur laquelle il serait pour lui difficile de se prononcer en début de carrière, une question s’avère pourtant légitime: le monde dans lequel a grandi Christian Monnin a-t-il pu influer sur ses envies et ses aspirations?

“Il y a d’évidence une question de socialisation, qui s’applique à toutes les familles,” note tout d’abord Christian Monnin. “La première fois que j’ai assisté à une cérémonie d’assermentation, c’était celle de mon grand-père il y a 42 ans, quand il est devenu juge en chef du Manitoba. Je devais avoir 8 ou 9 ans. Ça a été impressionnant, en tant que jeune, de voir cette cérémonie, tout ce monde qui était présent. Je n’ai bien sûr rien décidé à ce moment-là, mais la carrière de juriste a toujours été quelque chose qui mijotait en moi.”

Book details 1953 Cold War experiments on Winnipeg

Winnipeg was duped into being a “guinea pig” for American chemical warfare experiments in 1953, but no one knows what effect it had on city residents, a University of Manitoba pharmacology professor emeritus says.

“It’s too late now to do anything about it or to know what health effects it had on people,” Frank LaBella said Thursday of the aerosol cloud of zinc cadmium sulphide that was sprayed in Winnipeg to test ways of distributing chemical and biological warfare agents.

The deceitful operation by the United States army came to light in 1980 and is back in the spotlight with the publication of a book by an American researcher that includes declassified information. Behind the Fog: How the U.S. Cold War Radiological Weapons Program Exposed Innocent Americans, by Lisa Martino-Taylor, details the testing carried out in cities in the U.S. and Winnipeg (which resembled target sites in the Soviet Union).

“Nobody knew what was going on,” LaBella said. In 1953, Winnipeg city council was told civil defence authorities were testing the effects of smoke over the city using “harmless fluorescent powder.”

City councillor found to have harassed city CAO fears ‘chilling effect’ on politicians if court won’t overturn judgment

Coun. Russ Wyatt’s requests that a court overturn a finding he harassed the city’s top bureaucrat, and order city council to apologize for a reprimand that followed, could affect politicians far beyond Winnipeg, his lawyer argued Friday.

“Your decision has the prospect of having an impact on municipal councils right across the country,” Kevin Toyne said during a hearing in the matter.

In January, city council formally reprimanded Wyatt (Transcona) after an integrity commissioner found he violated the city’s code of conduct by harassing former chief administrative officer Michael Jack.

Since most municipal governments now have similar codes of conduct and/or integrity commissioners, the decision could have wide-reaching implications on how elected officials communicate, Toyne said.

A Kansas county agrees to pay $3 million and apologize over a raid on a small-town newspaper

TOPEKA, Kan. (AP) — A rural Kansas county has agreed to pay a little more than $3 million and apologize over a law enforcement raid on a small-town weekly newspaper in August 2023 that sparked an outcry over press freedom.

Marion County sheriff's officers were involved in the raid on the Marion County Record and helped draft search warrants used by Marion city police to enter the newspaper's offices, the publisher's home and the home of a local city council member.

“They intentionally wanted to harass us for reporting the news, and you’re not supposed to do that in a democracy,” the editor and publisher, Eric Meyer, said Tuesday. He added he hoped the payment was large enough to discourage similar actions against other news organizations in the future.

The raid prompted five federal lawsuits against the county, the city of Marion and local officials. Meyer's 98-year-old mother Joan, the paper's co-owner, died of a heart attack the next day, something he blames on the stress of the raid.

Amid bail-reform debate, some argue court orders must suit low literacy levels

Several red flags jump off the page when literacy expert Margaret Banasiak examines a Manitoba provincial court bail form.

Province hires teens to ensure merchants check IDs

Minors are being paid to try buying lottery tickets, cannabis and liquor from Manitoba retailers.

The Liquor Gaming and Cannabis Authority of Manitoba that regulates those sales launched the “minors as agents” program two years ago, with undercover 16- to 18-year-olds trying to buy lottery tickets from licensed retailers.

The minors work alongside LGCA inspectors to test how licensees check identification.

The youths try to buy regulated products, allowing inspectors to monitor licensees’ compliance with prohibitions on underage sales. The purpose is to ensure sellers check for identification that proves a buyer’s age.

‘We have to call it out’: Souris responds to anti-LGBTTQ+ vandalism

A Pride crosswalk in a southwestern Manitoba community was vandalized over the weekend, leaving its creators upset but unbowed in their efforts to foster inclusive and safe spaces for LGBTTQ+ people.

Festival du Voyageur denies responsibility for caterer’s losses after Fort Gibraltar platform collapse

Festival du Voyageur has denied it can be held legally responsible for the losses of a catering company, after the collapse of a platform at Fort Gibraltar temporarily shuttered the firm’s business.

Gibraltar Dining Corp. alleged in a lawsuit filed in Court of King’s Bench that the city and festival are responsible for its lost revenue because it was unable to host events in the space it leases in the fort for months after the collapse on May 31, 2023.

The catering company operates in a space within the replica fort leased from Festival du Voyageur.

Festival du Voyageur, which operates the fort on land leased from the city, argues its not responsible for Gibraltar Dining’s losses.

Charges upgraded to attempted murder in summer sword attack

A 16-year-old male has been charged with two additional counts of attempted murder after more victims were confirmed in relation to a sword attack at a high school in June.

Police investigating fires, vandalism at NDP cabinet ministers’ North End constituency offices

Broken windows, four blazes started in two months

Foster parents charged, accused of assaulting children in their care

Two foster parents in north Winnipeg are accused of abusing children in their care, including one who was in critical condition Tuesday, in a case that has Manitoba’s children’s advocate seeking answers.

Bail reform as an approach to crime reduction

For the last several months, a conversation about modifying our bail system in unspecified ways, with the express goal of increasing public safety, has taken hold. Usually, a specific case of an accused person allegedly committing a new offence while on bail is at the centre of the argument.

Canadians have enjoyed the rights guaranteed to them by the Charter of Rights and Freedoms since 1982. Included in the charter are rights related to freedom of expression, freedom of movement and several legal rights. The legal rights that are engaged in the conversation about bail reform are the right to be presumed innocent and the right to reasonable bail. These rights are intertwined.

Typically, we do not punish individuals who have not been found guilty of a crime. Accused people should have their day in court prior to having their freedom taken away. Release pending trial is the rule, detention is the exception.

Detention is warranted when detention is necessary on one or more of three grounds: to ensure the accused attends court, where the detention is necessary for the safety of the public, and/or where the detention is necessary to maintain confidence in the administration of justice.

Bus riders, drivers welcome police safety initiative; two arrests made on day plan rolled out

The announcement of a new police strategy — placing both uniformed and plainclothes officers on Winnipeg Transit — was welcome news for riders Friday.

The Winnipeg Police Service announced the initiative’s first arrests were made on Wednesday, when the plan was unveiled.

“I love it,” said one elderly woman who was waiting for her bus at Unicity. “I love it for the bus drivers as well, because they take the brunt of it.”

She said she had already noticed more police nearby, pointing out that she saw multiple cruisers pull into the parking lot while she ate breakfast at a nearby Burger King.

Key witness in Hells Angel trial became paid police informant after losing $400K in drug money, court told

A career criminal who helped police dismantle a massive drug-trafficking operation and bust a full-patch Hells Angels gangster became a paid police informant after he lost nearly $400,000 in a money-laundering scheme, a trial heard Monday.

The man, who is in witness protection and can be identified only as “Agent 66,” is the Crown’s star witness in the case against B.C. Hells Angel Damion Ryan, the alleged leader of one of five Canadian and international drug networks taken down by Manitoba RCMP in February 2022.

Agent 66 — who court heard is in his 40s and has been involved in the drug trade since he was 12 — said he enlisted his drug supplier to “clean” $368,000 in drug proceeds and “never got it back.”

“I was angry,” he told court. “The whole point of cleaning it was I wanted out of (drug dealing).”

‘Prolific shoplifter’ facing nearly 40 charges in spree that began in March

A 44-year-old man, described by police as a “prolific shoplifter,” is in custody after investigators identified him as a suspect in multiple thefts and robberies dating back to March.

The man is accused of stealing in at least eight incidents that began March 21, resulting in dozens of charges. The total value of stolen goods is estimated at $3,000, the Winnipeg Police Service said in a news release Monday.

The spree ended in a pursuit just before 10:30 a.m. Saturday, when officers patrolling on the 800 block of Main Street spotted the man on a bicycle, and he tried to flee, the release said. He was arrested after a chase.

Police said $700 in store merchandise was seized.

Manitoba cabinet briefing on landfill search for murder victims not being released

WINNIPEG - A report that could shed more light on why Manitoba's former Progressive Conservative government rejected calls to search a landfill for the remains of two murder victims is being withheld under the province's freedom of information law.

Records obtained by The Canadian Press show senior bureaucrats assembled a presentation for cabinet ministers on a potential search in the weeks before the government decided not to proceed with the idea in 2023.

The contents of that presentation — a 13-page digital slide deck that would reveal for the first time what civil servants told politicians — are not being released under Manitoba's freedom of information law, which one expert says is among the most secretive in the country.

Families of the victims and Indigenous leaders had called on the government of the time to search the Prairie Green landfill, a private operation north of Winnipeg, for the remains of Morgan Harris and Marcedes Myran.

The reality of the Canadian criminal justice system

If you are anything like our family and have never been involved with the criminal justice system, I think you will be as shocked as we have been to learn some of this.

It is a rude and cruel exposure to a reality that no one wants to learn during your darkest time of grief.

Jordyn Reimer, a 24-year-old vibrant and innocent victim, was acting as a designated driver on the night of May 1, 2022, when she was killed by Tyler Scott Goodman.

On Nov. 22, 2023, Judge Kael McKenzie handed down a six-year sentence to Goodman for the impaired driving causing death charge and an additional one-year consecutive sentence for failing to stop at the scene. At the time, McKenzie said that no sentence the court can impose would be enough to match the value of a life, that the taking of a life by crime is immeasurable.

Judge dismisses convicted mail bomber’s second bid for release in past month

Convicted mail bomber Guido Amsel has lost his second bid for release in the past month after his motion, claiming he was being unlawfully detained, was dismissed by a judge Thursday.

Amsel, 59, was convicted after trial in 2018 of four counts of attempted murder and sentenced to life in prison for mailing a series of explosives in 2015. One of the explosive packages was mailed to his ex-wife and another to her lawyer Maria Mitousis, who lost a hand and was severely injured when a booby-trapped tape recorder exploded.

Amsel, who represented himself in court, filed the motion arguing he was being detained in custody illegally.

“This is all fraud,” Amsel told Court of King’s Bench Justice Jeffrey Harris, claiming evidence was withheld at his trial and DNA evidence tying him to the bombs was “planted.”