#winnipeg criminal lawyer

[mostlysignssomeportents]

How to screw up a whistleblower law

I'm touring my new, nationally bestselling novel The Bezzle! Catch me THIS WEDNESDAY (Apr 17) in CHICAGO, then Torino (Apr 21) Marin County (Apr 27), Winnipeg (May 2), Calgary (May 3), Vancouver (May 4), and beyond!

Corporate crime is notoriously underpoliced and underprosecuted. Mostly, that's because we just choose not to do anything about it. American corporations commit crimes at 20X the rate of real humans, and their crimes are far worse than any crime committed by a human, but they are almost never prosecuted:

https://pluralistic.net/2021/10/12/no-criminals-no-crimes/#get-out-of-jail-free-card

We can't even bear to utter the words "corporate crime": instead, we deploy a whole raft of euphemisms like "risk and compliance," and that ole fave, the trusty "white-collar crime":

https://pluralistic.net/2021/12/07/solar-panel-for-a-sex-machine/#a-single-proposition

The Biden DOJ promised it would be different, and they weren't kidding. The DOJ's antitrust division is kicking ass, doing more than the division has done in generations, really swinging for the fences:

https://pluralistic.net/2024/03/22/reality-distortion-field/#three-trillion-here-three-trillion-there-pretty-soon-youre-talking-real-money

Main Justice – the rest of the DOJ – promised that it would do the same. Deputy AG Lisa Monaco promised an end to those bullshit "deferred prosecution agreements" that let corporate America literally get away with murder. She promised to prosecute companies and individual executives. She promised a lot:

https://pluralistic.net/2024/03/22/reality-distortion-field/#three-trillion-here-three-trillion-there-pretty-soon-youre-talking-real-money

Was she serious? Well, it's not looking good. Monaco's number two gnuy, Benjamin Mizer, has a storied career – working for giant corporations, getting them off the hook when they commit eye-watering crimes:

https://prospect.org/justice/2024-04-09-reform-groups-lack-of-corporate-prosecutions-doj/

Biden's DOJ is arguably more tolerant of corporate crime than even Trump's Main Justice. In 2021, the DOJ brought just 90 cases – the worst year in a quarter-century. 2022's number was 99, and 2023 saw 119. Trump's DOJ did better than any of those numbers in two out of four years. And back in 2000, Justice was bringing more than 300 corporate criminal prosecutions.

Deputy AG Monaco just announced a new whistleblower bounty program: cash money for ratting out your crooked asshole co-worker or boss. Whistleblower bounties are among the most effective and cheapest way to bring criminal prosecutions against corporations. If you're a terrified underling who can't afford to lose your job after narcing out your boss, the bounty can outweigh the risk of industry-wide blacklisting. And if you're a crooked co-conspirator thinking about turning rat on your fellow criminal, the bounty can tempt you into solving the Prisoner's Dilemma in a way that sees the crime prosecuted.

So a new whistleblower bounty program is good. We like 'em. What's not to like?

Sorry, folks, I've got some bad news:

https://www.corporatecrimereporter.com/news/200/stephen-kohn-on-the-justice-department-plan-to-offer-whistleblower-awards/

As the whistleblower lawyer Stephen Kohn points out to Russell Mokhiber of Corporate Crime Reporter, Monaco's whistleblower bounty program has a glaring defect: it excludes "individuals who were involved with the crime." That means that the long-suffering secretary who printed the boss's crime memo and put it in the mail is shit out of luck – as is the CFO who's finally had enough of the CEO's dirty poker.

This is not how other whistleblower reward programs work: the SEC and CFTC whistleblower programs do not exclude people involved with the crime, and for good reason. They want to catch kingpins, not footsoldiers – and the best way to do that is to reward the whistleblower who turns on the boss.

This isn't a new idea! It's in the venerable False Claims Act, an act that signed into law by President Abraham Lincoln. As Kohn says, making "accomplices" eligible to participate in whistleblower rewards is how you get people like his client, who relayed a bribe on behalf of his boss, to come forward. As Lincoln said in 1863, the purpose of a whistleblower law is to entice conspirators to turn on one another. Like Honest Abe said, "it takes a rogue to catch a rogue."

And – as Kohn says – we've designed these programs so that masterminds can't throw their minor lickspittles under the buss and collect a reward: "I know of no case where the person who planned or initiated the fraud under any of the reward laws ever got a dime."

Kohn points out that under Monaco, the DOJ just ignores the rule that afford anonymity to whistleblowers. That's a big omission – the SEC got 18,000 confidential claims in 2023. Those are claims that the DOJ can't afford to miss, given their abysmal, sub-Trump track record on corporate crime prosecutions.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/04/15/whistleblown/#lisa-monaco

[eve-was-framed]

A serial killer of Indigenous women is on trial and has plead not guilty because he did what he did due to “mental illness”

“In an unexpected development on Monday, his lawyers said their client has admitted the killings but will argue he is not criminally responsible due to a mental disorder.

Families of the victims say they want him held responsible for the murders.

Jeremy Skibicki's victims - Morgan Harris, 39, Marcedes Myran, 26, Rebecca Contois, 24, and a fourth unidentified woman who has been given the name Mashkode Bizhiki'ikwe, or Buffalo Woman - are all First Nations women.

Prosecutors accuse the Winnipeg native, who is in his mid-30s, of taking the women home and sexually assaulting them before murdering them between March and May of 2022.”

[if-you-fan-a-fire]

"Should Habitual Criminals Be Caged For Life?" Star Weekly (Toronto). March 26, 1966. Pages 1 to 4. ---- A crime against criminals. That's what one MP called the law that can leave a man CAGED FOR LIFE ---- by PETER SYPNOWICH Star Weekly staff writer photographs by Chuck Diven --- "The mood and temper of the public with regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country."

-Winston Churchill, 1910

At 52, John Hadden might be called a burnt-out criminal, except he really Anever was much of a criminal. He went to prison at 16 and since then has spent most of his life in custody. Like most drug addicts, he has no violence on his record. As a youth in Edmonton he tried burglary a few times, but at 25 he began taking morphine and it soon finished him. In 1947, after six sentences for vagrancy and drug possession, he broke into a barber shop and stole two clippers, for which he served. three years. That was his last burglary. He kept getting penitentiary terms, as drug addicts do in this country, but when he moved to Vancouver in the early 1950s. he was just a petty shoplifter trying to sup port an addiction. In 1961, at the age of 48, he finally gave up morphine. Then came barbiturates, which he got on prescription because he suffered from severe leg ulcers. He received five light jail terms for shop- lifting over the next two years. Then, one afternoon in 1963, he pilfered a $2.98 can opener from Woolworth's, and fell victim to the ultimate incarceration.

John Hadden was prosecuted as an habitual criminal under Section 660 of the Criminal Code, which carries a sentence of in definite preventive detention. The underworld knows Section 660 as "the bitch," and nowhere is it more dreaded than in Vancouver, where city prosecutor Stewart McMorran has brought more habitual cases to court than all other prosecutors in Canada put together. Hadden was in Oakalla Prison, serving a seven-month sentence for stealing the can opener, when McMorran notified him he would be prosecuted under Section 660. On March 16, 1964, when Hadden had finished his prison term and was some- where at large, large, he was declared an habitual criminal and sentenced in absentia. Nine weeks later he was picked up in Edmon ton and taken to the B.C. Penitentiary. There, with scores of men like him. John Hadden will spend the rest of his life unless he is paroled.

Preventive detention is the harshest penalty in the Criminal Code, short of hanging, and it has been a source of continuing controversy. When Parliament passed the measure in 1947, one MP, Maurice Hartt of Montreal, called it "a crime against criminals." Toronto lawyer Arthur Maloney, president of the Canadian Society for the Abolition of Capital Punishment, says it is "inhuman and cruel," and when he was an MP in 1958 he urged its repeal on grounds that it was "alien to some of the most ancient and sacred principles of our criminal law." Last year, when McMorran's prosecutions began attracting national attention, MP David Orlikow of Winnipeg told Parliament: "I find it amazing that we have a crown prosecutor of this type in Canada in the year of 1965. I think he would have been more suitable a couple of hundred years ago. At the time of the Inquisition I can see him turning the screw or putting somebody on the rack. In the Middle Ages I can see him chopping off somebody's hand because he stole a loaf of bread." (To which McMorran replies, "Why should I be pilloried? I haven't committed any crimes.")

There does seem to be something wrong when tired old men like John Hadden, whom we've been locking up all their lives, are put into prison on a permanent basis. It smacks of the dungeon. The idea behind preventive detention, on of of course, is that if men are not reformed after successive prison terms they must be locked up indefinitely for the protection of society. But what if these men are not violent, dangerous criminals, what if they are cringing drug addicts and defeated old burglars who pose no threat to life or limb? If they are still pilfering and taking drugs after repeated imprisonment, perhaps there is something wrong with prisons. The fate of John Hadden, and others like him, raises some important questions about crime and punishment.

Stewart McMorran, prosecutor ever since he was called to the bar in 1946, thinks juvenile delinquents should be put to work scrubbing decks on a training ship off the B.C. coast. Otherwise, prisons are his answer to the crime problem - providing the inmates don't get too many luxuries. "We give them everything these days except booze and women," he says. "There should be a lot more hard discipline. Prison should be a place where they don't want to go. The only way men can be convinced that crime doesn't pay is through fear of continued incarceration.

McMorran says there has been a 2% per cent reduction in indictable crime in Vancouver since he won his first conviction under Section 660 in 1962. He concedes that his prosecutions may not have been responsible. There are real doubts as to whether the persistent offender is deter red; in one case the accused was let off with a warning-he was declared an habitual criminal but not committed to detention- and nine days later he was back in court for stealing a sweater (again being found an habitual criminal and again escaping committal). But if criminals cannot be deterred from committing crimes, they can be frightened away to commit them elsewhere or they can be locked up so they can't com mit them at all. And on this basis, McMorran is using Section 660 against every eligible offender. Up to the end of 1965 he had taken 106 cases to court, obtaining 60 preventive detention sentences an and 25 other convictions in which detention was not imposed. Elsewhere in Canada, habitual criminal cases average three a year, in Vancouver they now are going to court at the rate of one a week. "We're still in the posse stage out here," McMorran says.

Under Section 660, preventive detention "may" be imposed "if the court is of the opinion that because the accused is a habitual criminal it is expedient for the protection of the public." To be declared an habitual criminal, the accused must, prior to his latest conviction, have been convicted on three occasions since the age of 18 of offences punishable by five years or more. He must also be "leading persistently a criminal life." In McMorran's office hundreds of dossiers are maintained on people believed to be leading criminal lives. The evidence in one prosecution included these words uttered by the accused two years previously when checked by a policeman at 4 a.m. in an alley: "Hell, son, I've been in and out of jail all my life. I haven't had time to work."

Section 660 departs from traditional notions of justice in in several ways. The accused cannot be tried by a jury. It is not required that he be present for his hearing. He is imprisoned not only a second time. for offences of the past but also for of fences he might commit in the future. He is condemned with a label that he wears until the day he dies. Once sentenced, he need never again appear before a court; his fate is in the hands of officials to whom he is forever accountable even if released on parole. And finally, the law is unevenly enforced because prosecutions are made with the consent of provincial attorneys general.

Section 660 is based on a 1908 British law, the Prevention of Crime act (later incorporated in the Criminal Justice act), which, besides providing a maximum term of 14 years instead of indefinite detention, was aimed only at "dangerous criminals engaged in the more serious forms of crime." This law was copied by the Nazi regime of Adolf Hitler but in Britain itself it was a dead letter by the 1930s. In 1938 its adoption in Canada was urged by a royal commission headed by Mr. Justice Joseph Archambault.

In 1947 the Mackenzie King government acted on the recommendation despite protests in Parliament. One opposition MP, Tommy Church of Toronto, pleaded on behalf of what he called "the victims of a vicious, half-baked penal system." MP John Diefenbaker had a similar argument, and also objected to the option accorded provincial attorneys-general.

Now, nearly 20 years after its enactment, when abolition of the British law has been recommended by a Home Office committee, when similar U.S. laws have been renounced by the American Law Institute in its model criminal code, Section 660 is being used in B.C. to clear the province of persistent offenders, by either incarcerating them or frightening them away. Attorney General Robert W. Bonner is quite candid about it. He compares it to the "floater," that dubious small-town tactic of charging unwelcome visitors with vagrancy and turning them loose on the understanding they will leave town. In Bonner's words: "It's like the vagrancy charge. People who are charged with vagrancy have a chance to appear or disappear."

Bonner thinks the other provinces should start wholesale prosecutions under Section 660, too, and he is reported to have urged this on his fellow attorneys-general at their crime conference in Ottawa last January. This could double our penitentiary population, for estimates of the number of eligible offenders range from 3,000 to 10,000. It would not, however, have much effect on serious crime.

"Section 660 doesn't get at the he really dangerous offender," says John Hogarth, research associate at the University of Toronto's Centre for Criminology. "It gets the nuisance type. Police are having problems with organized crime and the petty offender is being used as a scapegoat. Locking him up in a maximum security prison is a terrible waste of the taxpayers' money."

Norman Levy, a case worker with Vancouver's John Howard Society, knows most of the detainees in B.C. Penitentiary, and he says he has yet to find more than a couple who are predatory, scheming, or driven by a profit motive. "The majority are inadequate social misfits," Levy says.

"They are not habitual criminals so much as habitual prisoners." A talk with some of the detainees in B.C Penitentiary confirms all this. They are older men, unmarried, uneducated and unskilled. They may be articulate and even personable in the artificial environment of prison, but their conversation betrays feelings of inferiority, and their records demonstrate their failure in competitive society.

Photo captions: Top spread: Habitual criminals in B.C. Penitentiary meet for weekly group therapy under psychologist Chris Conway (head of table). Sessions began at urging of Robert McGrath (extreme right). Others are, from left: Frank Schlosser, John Hadden, James Atkins, Bill (Red) Henderson and Frank Little. Fourth page: Frank Schlomer, 55, has record of petty theft and assault convictions. He works daily in prison kitchens.

"I've never had any violence on my record," says Frank Little, 48. "All I am is a drug user and small-time thief."

[usa-journal]

Relief as Canadian Serial Killer Found Guilty in Deaths of Four Women

Tearful cheers erupted in a packed Canadian courtroom on Thursday as a judge found Jeremy Skibicki guilty of first-degree murder in the deaths of four Indigenous women. The verdict brought some sense of justice to the grieving families and communities, but for Jeremy Contois, whose younger sister Rebecca was among the victims, the relief was tempered.

"I feel a little sense of relief," Mr. Contois said, though he acknowledged that true closure would not come until Skibicki is formally sentenced.

A Landmark Verdict

In his oral verdict, Manitoba Court of King's Bench Chief Justice Glenn Joyal dismissed the defense's argument that Skibicki was not criminally responsible for the murders due to schizophrenia. Prosecutors successfully argued that Skibicki deliberately killed Rebecca Contois and three other women in 2022 in crimes that were calculated and racially motivated.

The guilty verdict marks a significant moment for Canada's Indigenous community, which has long struggled with violence against women. The court was packed with the victims' families and friends, who displayed photos of their loved ones as a poignant reminder of the human cost of these crimes.

The Victims

Skibicki's victims include Morgan Harris, 39; Marcedes Myran, 26; and Rebecca Contois, who was 24. The fourth woman remains unidentified and has been given the name Mashkode Bizhiki’ikwe, meaning Buffalo Woman, by Indigenous elders. Throughout the trial, a buffalo head sat on a red cloth near the prosecutors in tribute to the unnamed victim.

Details of the Crimes

According to court documents, Skibicki targeted and exploited vulnerable women he met at local homeless shelters in Winnipeg, a city of 820,000 in the prairie province. He assaulted the women, strangled or drowned them, and then committed sex acts on them before dismembering their bodies and disposing of them in garbage bins.

The killings went undetected for months until a man looking for scrap metal in a bin outside Skibicki’s apartment found partial human remains in May 2022 and called police. These remains were later identified as those of Rebecca Contois. More of her remains were discovered at a city-run landfill the following month. In police interviews, Skibicki admitted to killing Contois and three other women, revealing murders that authorities had not yet discovered.

Community Impact

Judge Joyal emphasized the profound impact the case has had on the entire Manitoba community, both Indigenous and non-Indigenous. The guilty verdict was a step towards justice, but the search for the remains of two of the victims, Marcedes Myran and Morgan Harris, continues. A formal search of a Winnipeg landfill is scheduled for this autumn after months of pressure from their families.

A Plea for Justice

Krista Fox, a family member of one of the victims, highlighted the broader significance of the verdict. "We, as First Nations people, are not statistics. Every single one of us has a name and a family that misses us dearly," she said.

Skibicki's lawyers argued that he was not aware of the severity of his actions due to schizophrenia, claiming he was hearing voices that instructed him to commit the crimes. However, prosecutors demonstrated that Skibicki was fully aware of his actions, which were "intentional, purposeful, and racially motivated." They supported this with DNA forensic evidence, surveillance footage, and testimony from Skibicki’s ex-wife, who detailed a history of physical abuse.

A Step Forward

The case has unearthed deep wounds within Canada’s Indigenous community, which has faced a high number of cases of missing and murdered women. Winnipeg, in particular, has been a focal point of this crisis. According to a 2019 inquiry, Indigenous women in Canada are 12 times more likely to be murdered or go missing than other women.

Despite the relief of the guilty verdict, many in the community, including Rebecca's brother, Jeremy Contois, continue to grapple with the senselessness of the violence. "Why did he have to do it?" he asked. "I wish I knew that."

As the community seeks healing, the focus remains on ensuring that such tragedies are not repeated and that justice continues to be served for all victims.

[injureguard]

Sexual Offence Lawyer Winnipeg: Expert Legal Defense for Sensitive Cases

Facing allegations of a sexual offence can be one of the most challenging and emotionally devastating experiences of your life. These charges not only carry severe legal consequences but also have the potential to damage your reputation, relationships, and future opportunities. In such situations, having an experienced sexual offence lawyer in Winnipeg on your side is crucial to protect your rights and ensure a strong defense.

At Simmonds & Associates, we understand the gravity of these cases and offer compassionate, confidential, and expert legal representation for individuals accused of sexual offences.

Understanding Sexual Offence Charges

Sexual offence charges in Winnipeg cover a wide range of alleged behaviors, from minor infractions to serious criminal acts. Common types of sexual offences include:

Sexual Assault: Any non-consensual sexual contact, including unwanted touching or more severe forms of assault.

Sexual Interference: Involves inappropriate sexual contact with a minor under the age of consent.

Child Pornography: Charges related to the possession, production, or distribution of explicit material involving minors.

Indecent Exposure: Includes exposing oneself in public or inappropriately.

Online Offences: Includes luring minors or distributing explicit images online.

Rape and Aggravated Sexual Assault: Serious charges involving sexual violence, often with aggravating factors like physical harm or threats.

The consequences of a conviction for any of these offences can be life-altering, with penalties including imprisonment, fines, and mandatory registration on the Sex Offender Registry. This makes it essential to have a skilled legal professional who specializes in sexual offence cases to defend you.

How a Sexual Offence Lawyer in Winnipeg Can Help

Sexual offence cases are among the most complex and sensitive areas of criminal law. Hiring an experienced lawyer provides you with the expertise and support needed to navigate these challenging situations.

1. Analyzing the Evidence

Your lawyer will carefully review the prosecution’s evidence, including witness statements, forensic reports, and digital records, to identify weaknesses or inconsistencies in the case.

2. Protecting Your Rights

From the moment you are accused, you are at risk of having your rights violated during investigations or interrogations. A lawyer ensures that law enforcement adheres to proper procedures and protects you from self-incrimination.

3. Building a Strong Defense

A seasoned lawyer will develop a tailored defense strategy, which may include proving consent, challenging the credibility of witnesses, or highlighting procedural errors made by the prosecution.

4. Negotiating with Prosecutors

In some cases, a lawyer can negotiate with the prosecution to reduce charges or secure alternative resolutions, such as diversion programs or reduced sentencing.

5. Court Representation

If your case proceeds to trial, your lawyer will provide aggressive representation, presenting evidence, cross-examining witnesses, and making compelling arguments in your defense.

Common Defenses in Sexual Offence Cases

Every case is unique, and the defense strategy will depend on the specifics of the allegations. Common defenses include:

Consent: Demonstrating that the sexual activity was consensual and within legal boundaries.

Mistaken Identity: Proving that the accused was not the individual involved in the alleged incident.

False Allegations: Highlighting evidence that suggests the accusations are fabricated or motivated by personal reasons, such as custody disputes or revenge.

Insufficient Evidence: Pointing out inconsistencies or lack of credible evidence in the prosecution’s case.

Procedural Errors: Challenging the legality of evidence collection or investigative practices.

At Simmonds & Associates, we meticulously examine every detail of your case to craft the most effective defense strategy.

Why Choose Simmonds & Associates?

When it comes to defending against sexual offence charges, you need a legal team that combines expertise, discretion, and unwavering commitment. At Simmonds & Associates, we are dedicated to providing top-tier representation for individuals facing these serious allegations.

1. Extensive Experience

Our team has years of experience handling complex sexual offence cases in Winnipeg, giving us in-depth knowledge of local laws and court procedures.

2. Discreet and Confidential Representation

We understand the sensitive nature of sexual offence charges and handle every case with the utmost discretion and professionalism to protect your privacy and reputation.

3. Client-Focused Approach

We prioritize your needs and concerns, providing clear communication, compassionate support, and personalized defense strategies.

4. Aggressive Defense

We leave no stone unturned in challenging the prosecution’s case and fighting for your rights in court.

5. Proven Results

Our track record of successful outcomes demonstrates our ability to achieve favorable results for our clients.

The Legal Process for Sexual Offence Cases

Navigating the legal process can be daunting, but understanding what to expect can help you feel more prepared:

Arrest and Charges Following an accusation, you may be arrested and formally charged. It’s crucial to contact a sexual offence lawyer immediately to protect your rights.

Bail Hearing At this stage, the court determines whether you will be released pending trial and under what conditions. A lawyer can advocate for reasonable bail terms.

Disclosure of Evidence The prosecution will provide the defense with all evidence related to the case. Your lawyer will review this evidence to identify weaknesses and build your defense.

Pre-Trial Preparation Your lawyer may negotiate with the prosecution for reduced charges or prepare for trial by gathering additional evidence and interviewing witnesses.

Trial or Resolution If the case goes to trial, your lawyer will present your defense and challenge the prosecution’s case. If a resolution is reached outside of trial, such as a plea agreement, your lawyer will ensure the best possible outcome.

Protect Your Rights with Simmonds & Associates

Facing a sexual offence charge is a serious matter, but you don’t have to face it alone. At Simmonds & Associates, we are committed to providing the highest level of legal representation, protecting your rights, and fighting for your future.

Whether you’re seeking to avoid a conviction, reduce penalties, or clear your name, our experienced team of sexual offence lawyers in Winnipeg is here to help.

Visit simmondsassociates.ca today to learn more about our services and schedule a confidential consultation. Let us be your trusted legal advocate in Winnipeg.

[wenchofthescullery]

As always, I appreciate Neil Gaiman's thoughtfulness, as well as the excellent questions posed by his readers.

As regards nobody suffering in Canada, I suspect @you-are-a-saucy-boi 's media studies teacher is not sufficiently familiar with the First Nations horror of over 150,000 children taken away into residential schools, capped off in part by the discovery of thousands of unmarked graves of their children in those school yards. The families knew their sons and daughters had died, or at least had never returned. Nobody listened to them.

That makes for a certain amount of suffering.

Of course, the residential schools for indigenous children were not just in Canada.

And should he have a chance ever to see it, the REDress Project formissing and murdered indigenous woman is so much more haunting than you can imagine from photos.

But if he wishes art that is more of a celebration, may I recommend the formline art of the Haida? After the devastations of smallpox, colonialization, forced assimilation, and so much more, the art of the upper West coast was almost lost. That is, at least until artists such as  Charles Gladstone and his grandson, Bill Reid, helped reawaken the awareness of indigenous art on the coast.

We can disagree about what art is. We can disagree about what makes for great art, too. But as noted above, there is nowhere in the world where there are humans without there also being suffering.

And both with and without suffering, there is such beauty being made in the places you may not know to look.

My final invitation to a certain (surely well-meaning) media studies teacher is to find his way to Winnipeg, a few hours north of Fargo, to visit the Canadian Museum for Human Rights. There is currently an excellent Ukrainian Artists temporary exhibit there right now (among others), because as you know, Canada is even more a nation of immigrants than is the United States. The current art being brought forth from Ukraine and from the Ukrainian diaspora is both heart-breaking and exquisite.

PS: No great art?

The Canadian Leonard Cohen's Hallelujah:

You say I took the name in vain I don't even know the name But if I did, well, really, what's it to yah? There's a blaze of light in every word It doesn't matter which you heard The holy or the broken Hallelujah

My media studies teacher thinks it's impossible to create good art without suffering (which he thinks is "why no good art has come from Canada"). Have you created good art at a happy time in your life?

I've never heard the theory that nobody has ever suffered in Canada before. It seems unlikely, given that Canada is populated by human beings.

Yes, I've created good art at happy times and good art at sad times. (If the suffering gets too bad, it diminishes the desire to make the art and you have to fight through that. If you're having too good a time then why go off and make art when it's so much fun? Right through that too. ) If you are going to spend a lifetime making art, you will make it on the good days and on the bad days. Rereading things I've written, I don't believe I can tell what was made when.

[laresearchette]

Friday, December 01, 2023 Canadian TV Listings (Times Eastern)

WHERE CAN I FIND THOSE PREMIERES?: FROG AND TOAD: CHRISTMAS EVE (Apple TV+) SHAPE ISLAND: THE WINTER BLUES (HGTV Canada) THE SNOOPY SHOW: HAPPINESS IS HOLIDAY TRADITIONS (Apple TV +) SPIRITED - SING ALONG VERSION (Apple TV+) IT’S A WONDERFUL KNIFE (Shudder) MY NORWEGIAN HOLIDAY (W Network) 8:00pm POWER BOOK III: RAISING KANAN (Starz Canada) 9:00pm THE UNBELIEVABLE WITH DAN AYKROYD (History Canada) 10:00pm

WHAT IS NOT PREMIERING IN CANADA TONIGHT? SEXIEST SPLASH PADS (TBD - HGTV Canada)

NEW TO AMAZON PRIME CANADA/CBC GEM/CRAVE TV/DISNEY + STAR/NETFLIX CANADA:

AMAZON PRIME CANADA CANDY CANE LANE MY MAN IS CUPID

CBC GEM CALL THE MIDWIFE (Season 12 holiday specials) DAS BOOT (Season 4) THE NEXT STEP(Season 5) ODD SQUAD (Season 2B)

CRAVE TV THE ART OF WOO ATANARJUAT: THE FAST RUNNER BAD BOYS BAD BOYS II CHILDREN RUIN EVERYTHING (Season 3) CHRISTMAS TIME IS HERE INSIDIOUS: THE RED DOOR JOY RIDE KILL BILL VOL. 1 KILL BILL VOL. 2 THE KILLING KIND (Season 1) MUCH ADO ABOUT CHRISTMAS NEW YEAR’S EVE – STARZ NURSE FIGHTER BOY – STARZ THE O.C. (Seasons 1 - 4) A PARIS CHRISTMAS WALTZ POWER BOOK III: RAISING KANAN (Season 3, Episode 1) SLEEPLESS IN SEATLE STORIES WE TELL THE TAKE BACK (SPECIAL PREMIERE)

DISNEY + STAR EXPLORER: LAKE OF FIRE INDIANA JONES AND THE DIAL OF DESTINY THE MILL THE SHEPHERD SPIDER-MAN: INTO THE SPIDER-VERSE TIMELESS HEROES: INDIANA JONES & HARRISON FORD

NETFLIX CANADA BAD BOYS II CHRONICLE CONFESS, FETCH THE CRAFT HOW THE GRINCH STOLE CHRISTMAS IT’S COMPLICATED JULIE & JULIA MAY DECEMBER OFFICE CHRISTMAS PARTY PRIDE & PREJUDICE SHREK SWEET HOME (Season 2) (KR) TRANSPLANT (Seasons 1-3)

2023 FIFA MEN'S U17 WORLD CUP (TSN3) 6:48am: Third Place Match - Argentina vs. Mali

G LEAGUE BASKETBALL (TSN4) 11:00am: Maine vs. Raptors 905

NHL HOCKEY (SN) 7:00pm: Sharks vs. Devils (TSN5) 7:00pm: Sens vs. Blue Jackets

NLL LACROSSE (TSN) 7:00pm: Rush vs. Thunderbirds (TSN/TSN5) 10:00pm: Panther City vs. Warriors

NBA BASKETBALL (SN1) 7:30pm: 76ers vs. Celtics (TSN3/TSN4) 7:30pm: Knicks vs. Raptors (TSN3) 10:00pm: Nuggets vs. Suns

AMPLIFY (APTN) 7:30pm: Cree spoken word artist Zoey Roy meets with legendary Métis artist and activist Maria Campbell, who inspires a piece about the power of celebration. Zoey shares stories about her childhood and how her struggles helped inspire a rich creative spirit.

MARKETPLACE (CBC) 8:00pm: A Montreal lawyer discusses taking on the fight against Ticketmaster over its handling of concert ticket sales; a Canadian reseller shares how he scores tickets and resells them for a profit; the company's former CEO speaks out.

7TH GEN (APTN) 8:00pm: Melissa Brown is an Anishinaabe-Jamaican woman from Winnipeg who grew up in the inner city. Learn about how this entrepreneur, chef and mother is creating the change she wants to see in her community.

MY CHRISTMAS HERO (CTV Life) 8:00pm: An army reserve doctor tracks down her family's military history with the help of a new romance.

THE REAL HOUSEWIVES OF JERSEY (Slice) 8:00pm: Raising the Stakes

A PRINCE AND PAUPER CHRISTMAS (Super Channel Heart & Home) 8:00pm: When a down-on-his luck confidential informant in a criminal investigation suddenly goes missing, a desperate young federal agent recruits his doppelgänger to play the role.

PLANET WONDER (CBC) 8:30pm: From farm to fork, petri dish to plate, Johanna seeks sustainability in food.

FRIDAY NIGHT THUNDER (APTN) 8:30pm: Alex Hill has been out all season struggling with anxiety, but she decides to try one race before the season ends. With the help of her team and family, she overcomes her fears and gets in a night of racing at Devil's Bowl Speedway in Texas.

THE FIFTH ESTATE (CBC) 9:00pm

CHRISTMAS UNFILTERED (CTV2) 9:00pm: On Christmas Eve, Becky wishes that her family would truly hear her. All of her thoughts and frustrations begin to spill out as she inadvertently starts telling everyone what she really thinks.

JUSTICE LEAGUE X RWBY: SUPER HEROES & HUNTSMEN PART ONE (adult swim) 9:00pm: Members of the Justice League are transported to the world of Remnant and find themselves turned into teenagers. The Remnant heroes combine forces with the Justice League to uncover why their planet has been mysteriously altered.

CHRISTMAS IN PARADISE (Crave) 9:00pm: Three quirky sisters enjoy some fun in the sun when they reunite with their estranged father in the Caribbean during the holidays.

W5 (CTV) 10:00pm: Searching for Sam; Boom Boom Chuvalo

CRIME BEAT (Global) 10:00pm: The Deadly Night Shift

[beardedmrbean]

A Canadian jury has found the former fashion mogul Peter Nygard guilty of sexual assault after a six-week trial.

Prosecutors told a Toronto court that Nygard, 82, used his "status" to assault five women in a series of incidents from the late 1980s to 2005.

Nygard denied the charges, and his defence team accused the victims of "gold-digging" for financial gain.

He was found not guilty on a fifth count of sexual assault and one count of forcible confinement.

Nygard appeared to show no emotion as the verdict was handed down on the jurors' fifth day of deliberations.

According to prosecutors, Nygard lured the women - aged 16 to 28 at the time - to a private luxury bedroom in his firm's Toronto headquarters.

One prosecutor described the room as having "a giant bed...and a bar and doors, doors with no handles and automatic locks controlled by Peter Nygard".

Prosecutors alleged that Nygard would assault the women once they were trapped in the room.

After Nygard's conviction, his son Kai Zen Bickle told reporters outside the Toronto court that the jury's ruling was "a victory" for all those "who came forward and were denied justice".

"One more child won't be affected, one more woman won't be affected, " Mr Bickle said. "(Nygard) has to actually sit down and think about all of these things."

Mr Bickle has become an outspoken supporter of his father's alleged victims and described the moment Nygard was found guilty on Sunday as "emotional".

"There are so many survivors out there, this is their day," he said.

Nygard's lawyer Brian Greenspan said "we will consider the options" when asked by reporters whether Nygard would seek an appeal.

A sentencing hearing will be set on 21 November.

During closing arguments earlier this week, Crown prosecutors and Nygard's defence team painted dramatically different pictures of the man who once hobnobbed with celebrities and stood at the helm of a lucrative global apparel empire.

Mr Greenspan told jurors that the state's case rested on "revisionist history" built on "contradictions and innuendo", Canadian media reported.

He also claimed that four of the five women - who are also part of a US class action lawsuit - were motivated by financial gain.

Over five days of tense testimony and cross-examination earlier in the trial, Nygard said he could never have acted "in that kind of manner" and that he did not recall four of the five women, according to CBC.

Prosecutors relied heavily on the evidence of the women in court.

Crown Attorney Neville Golwalla addressed the media on Sunday after the verdict and thanked the women who had come forward.

"This is a crime that typically happens in private and profoundly impacts human dignity," Ms Golwalla said.

"To stand up and recount those indignities in a public forum such as a courtroom is never easy and takes great courage."

Nygard - who was once estimated to be worth at least $700m (£570m) - is still facing another trial in Montreal next year and assault and confinement charges in Winnipeg.

Once his criminal cases in Canada are completed, he is set to be extradited to the US, where authorities claim he engaged in a "decades-long pattern of criminal conduct" involving at least a dozen victims across the globe. He is currently fighting that extradition.

The guilty verdicts on Sunday cap a stunning fall from grace for Nygard.

In February 2020, he stepped down as chairman of his firm, Nygard International, shortly before it filed for bankruptcy after US authorities raided its New York headquarters.

He has been jailed since his arrest in December the same year.

[kayla1993-world]

It takes a special kind of coward to run from justice while letting your mother rot in a jail cell on a charge related to a murder that police say you committed. But that’s what police say has transpired in the troubling case of 21-year-old Pawanpreet Kaur, who was shot to death on Dec. 3, 2022, outside of a Mississauga Petro-Canada gas station where she worked the night shift. Dharam Singh Dhaliwal, 30, who had a previous relationship with the international student from India, has been named a prime suspect by Peel Regional Police, who’ve put out a Canada-wide warrant for his arrest on a charge of first-degree murder. While police try to locate him, his mother, Amarjit Dhaliwal, 50, and brother, Pritpal Dhaliwal, 25, were arrested in Moncton, N.B., on a charge of accessory to murder after the fact. Both remain locked up in jail while awaiting bail hearings next month. “Cowardly, Dharam continues to hide while his family suffers the consequences of his own (alleged) actions,” said Peel Homicide Det.-Sgt. Davis Baxter. “His own family has (allegedly) assisted him after the murder and now faces criminal charges and possible incarceration.” The allegations — carrying out a well-planned murder, which, according to police, included a staged suicide to disappear before the homicide place — are already horrific and gruesome enough. But to allegedly let your mom and brother effectively take the heat while you avoid capture? That is a whole different level of ugly. The shocking incident saw a killer ride up to the gas station at Britannia and Creditview Rds. on a bicycle, shoot the young woman just outside the gas station door, and then flee on foot – never to be seen again. Other than some dark surveillance video images of a covered-up suspect, it was difficult to tell who pulled the trigger? Detectives quickly learned that Dharam was on bail for alleged kidnapping and sexual assault charges laid in connection with the same victim, so they started to put their case together. One Dharam was not dead at the bottom of Niagara Falls, as police alleged he faked a suicide attempt before the shooting. Detectives believe the truck driver was with his family in Winnipeg following the shooting. The family moved to Winnipeg days before the slaying and New Brunswick a month ago. It’s unclear if Dharam has been to New Brunswick. But wherever he is, if he has read the news, he would know his mom and brother are behind bars. “The Peel Regional Police Homicide Bureau is continuing the investigation into locating Dharam Dhaliwal,” said Baxter, who alleged he “targeted and killed an innocent young woman and has gone to great lengths to avoid police.” Police are “encouraging people who Dharam Dhaliwal’s whereabouts to contact the Homicide Bureau at 905-453-3311, ext. 3205, or if they wish to remain anonymous, they can call Crime Stoppers at 1-800-222-TIPS (8477).” Maybe that tipster could be somebody who’s not impressed that a suspect in a murder allegedly dragged his family into this. Perhaps Dharam will realize the time has come to face the music. It’s only a matter of time. A GTA lawyer suggested there are possible mitigating factors in this case, and perhaps more balance is needed. It’s difficult to listen when someone like a rat is accused of shooting a defenseless young woman was all alone in Canada. The best place to air any defense is in a courtroom. These are allegations. They have not been proven, and if Dharam has a compelling justification, a courtroom is a place to present it. Leaving his mom and brother to sit in a courtroom and jail cell is reprehensible. So is harboring him to help avoid arrest. Such a person could also find locked up like Dharam’s mother and brother. Maybe Dharam is OK with others being caged for his alleged deadly crime, but many agree with the police that it is “cowardly” to do so.

[gerriwiebe]

Winnipeg Criminal Lawyer

Gerri Wiebe is a leading Winnipeg Criminal Defence Lawyer. She is experienced in defending domestic assaults, impaired driving, murder, and more. With more than 17 years of experience, Gerri is committed to providing the best defence for you. Website:- https://gerriwiebe.com/

[jeffreygindincriminallawyer]

Shoplifting/theft under $5000 in Ontario explained by Winnipeg criminal lawyer

Shoplifting is a criminal activity of stealing goods from a shop while pretending to be a customer. While shoplifting the culprits can hide the items that they are stealing in their pockets, under the clothes, in their bag, and they leave the shop without paying for those items. Also called a “five-finger discount” or “boosting”, it might sound less serious than the actual theft, but one should know that there are severe consequences when caught shoplifting from a store. There will be a criminal record and you might even have to go to jail for shoplifting. If you ever caught while committing a crime such as shoplifting or theft, then you should immediately hire a Gindin Criminal Lawyer Winnipeg, because only they can protect you from the severe criminal charges. Shoplifting is considered theft by criminal law because the items that are stolen by the accused are worth less than $5000. So, as mentioned earlier it is better for you if you contact the Winnipeg criminal lawyer if you are caught shoplifting from a store. This article will explain to you in detail shoplifting and its consequences.

According to the Winnipeg criminal lawyer, if you are charged with shoplifting then you might have to appear in front of the court because it is considered a serious criminal offense by the criminal law. In the court, the prosecution will begin with “summarily” or “by indictment”. Now, you might be thinking that what is indictment, since it is a term that is unheard of by the layman. In criminal law, the indictable offense means an offense that can be only tried on an accusation after a preliminary hearing to decide whether there is a prima facie case to answer or by a grand jury.

Winnipeg criminal lawyer states that if the matter is treated with an indictable offense, then the accused has to face a maximum of 2 years of jail time if they are proven guilty. And if the matter is treated by the court as “summarily” then the accused has to face a maximum of 6 months of jail time, if proven guilty, and also has to pay a fine of $5000 for breaking the rules.

If any individual is caught shoplifting in the store, then it is suggested by the Winnipeg criminal lawyer that they need to be very careful, because the statements given by the accused when caught committing the crime can be used as evidence to prove them guilty of the theft in the court of justice. The criminal lawyers suggest their clients remain silent and don’t provide any answer until they arrive if the accused have been detained by the law enforcement officers or the security of the store. In the case of the minors, it is a different story, because they will be provided a second chance, the under-age or minors have to call their parents, also the minors have the right to have their guardians present when they are questioned by the law enforcement officers. When the minors contact their parents, the parents should tell their child to not give any statement until they arrive.

These are the few crucial things about shoplifting/theft which you should be aware of. Winnipeg criminal lawyer states that shoplifting is a serious criminal offense and if proven guilty the accused might have to go to jail, the underage or minors do get a second chance but they have to call their parents and tell the law enforcement officers this won’t happen again. For more information about criminal lawyers, do follow us on Google Maps, Bing, and FourSquare.

[darickmathew]

Tips For Choosing The Best Assault Lawyer

If you are having trouble in finding an Assault Lawyer in Winnipeg then we are here to help you out with that. Here are some tips to find the best Assault Lawyers in Winnipeg.

[if-you-fan-a-fire]

“Rule out the lash,” The Globe and Mail. January 12, 1970. Page 6.  ---- On two separate occasions Joseph Ziemba, 42, of Hamilton, is going to be led from his cell in a penitentiary, his shirt is going to be stripped off and he is going to be lashed five times with the cat-o'-nine-tails. His crime was robbing an elderly man of $85 and severely beating him in the process. County Court Judge Wilfred Leach sentenced Mr. Ziemba to eight years' imprisonment and 10 strokes of the lash. 

The lashing would be a deterrent to others "of a like mind", Judge Leach said. However, there is every indication. that Judge Leach is absolutely wrong and that the lashings will not only fail. to deter others but will fail to deter Mr. Ziemba from his evil ways. 

The report of the Canadian Committee on Corrections under Judge Roger Quimet which was published last September again made the point. "The written and oral evidence received by the committee has confirmed that judicial corporal punishment offers no definite assurance that offenders who suffer it are deterred by it or that it deters others," the report said. "We are satisfied that it has no long-term reformative value and, on the whole, believe that it has the contrary effect." The committee recommended that "corporal punishment, as a sentence of the court, be abolished". It added that "... the imposition of such punishment is brutal and degrading both to the recipient and the person imposing it". 

Also last fall, but before publication of the Ouimet Report, the Canadian Bar Association urged abolition of all forms of corporal punishment. Harry Walsh, a Winnipeg lawyer and chairman of the 'criminal justice section of the association, denounced the flogging and paddling of prisoners as a brutalizing act that had no place in an enlightened modern society. He said prison guards were extremely reluctant to lash a prisoner. "They realize that corporal punishment adversely affects the possibility of rehabilitation of the prisoner." 

After two years of study, a joint committee of the Senate and House of Commons in 1956 recommended abolition of whipping as part of a court sentence, although it said whipping should be retained for serious breaches of prison regulations. Corporal punishment had no unique value as a deterrent, the committee found. 

One of the main witnesses before the committee was Maj.- Gen. R. B, Gibson, Commissioner of Penitentiaries since 1946. He said that flogging as part of a court sentence was simply not effective. 

Courts of their own accord have almost eliminated sentences of corporal punishment. But the Criminal Code still sanctions it. And the occasional judge still orders it. The option should be ruled out. It should be abolished once and for all.

[alessia-austin-blog]

10 Tips To Find The Best Winnipeg Criminal Lawyer

Looking for a Criminal Lawyer in Winnipeg, Manitoba? Here are some tips on how to find the best out of all.

[injureguard]

Domestic Assault Lawyer Winnipeg: Expert Legal Defense When You Need It Most

Facing a domestic assault charge can be an overwhelming and emotionally charged experience. Such allegations can have a profound impact on your personal life, relationships, and future. When accused of domestic assault, it’s essential to have a skilled and experienced domestic assault lawyer in Winnipeg by your side to protect your rights and provide a strong legal defense.

At Simmonds & Associates, we understand the complexities and sensitivities involved in domestic assault cases. Our legal team is committed to providing compassionate and effective representation to ensure the best possible outcome for your case.

What Is Domestic Assault?

Domestic assault refers to an act of physical violence, threats, or coercion committed against a partner, spouse, or family member. These charges can arise from various situations, including heated arguments or misunderstandings. In many cases, the accusations may be exaggerated or entirely false, making it critical to have a dedicated legal professional who can uncover the facts and challenge the allegations.

Domestic assault charges are taken seriously in Winnipeg, and a conviction can lead to severe consequences, such as:

Criminal penalties, including fines and imprisonment.

A criminal record that impacts future employment and travel opportunities.

Court orders, such as no-contact orders, that disrupt family relationships.

Restrictions on child custody or visitation rights.

Given the significant repercussions of a domestic assault charge, it’s essential to consult an experienced domestic assault lawyer in Winnipeg immediately after being accused.

How a Domestic Assault Lawyer Can Help

A domestic assault lawyer provides critical support and legal expertise to guide you through this challenging time. Their role includes:

Understanding the Charges Your lawyer will explain the nature of the charges against you, the potential penalties, and the legal options available.

Gathering Evidence A skilled lawyer will thoroughly investigate your case, gathering evidence, reviewing police reports, and interviewing witnesses to build a strong defense.

Protecting Your Rights From the moment you are charged, your lawyer will ensure that your constitutional rights are upheld, including protection from unlawful searches or coercive interrogation tactics.

Challenging the Prosecution Your lawyer will scrutinize the prosecution’s evidence, identify inconsistencies, and challenge weak or unreliable testimony.

Negotiating Plea Agreements In some cases, your lawyer may negotiate with the prosecution to reduce the charges or penalties.

Representation in Court If your case goes to trial, your lawyer will provide aggressive representation, presenting your defense and advocating for your acquittal.

Defenses Against Domestic Assault Charges

Every domestic assault case is unique, and the defense strategy will depend on the specific circumstances. Common defenses include:

Self-Defense: Arguing that the accused acted to protect themselves from harm.

False Accusations: Demonstrating that the allegations are fabricated or exaggerated due to personal motives, such as custody disputes or relationship conflicts.

Lack of Evidence: Highlighting insufficient or unreliable evidence to support the prosecution’s claims.

Consent: In rare cases, the defense may argue that the complainant consented to the actions in question.

Mistaken Identity: Establishing that the accused was not the individual who committed the assault.

An experienced domestic assault lawyer in Winnipeg, such as the team at Simmonds & Associates, will carefully analyze your case to determine the most effective defense strategy.

Why Choose Simmonds & Associates?

At Simmonds & Associates, we specialize in defending individuals accused of domestic assault. We understand the emotional toll and legal complexities associated with these cases and are dedicated to providing expert legal representation.

1. Experience and Expertise

Our team has years of experience handling domestic assault cases in Winnipeg, giving us a deep understanding of local laws, court procedures, and the strategies that work best.

2. Client-Centered Approach

We treat every client with respect and compassion, taking the time to understand their unique situation and goals. Our personalized approach ensures that your defense strategy is tailored to your needs.

3. Aggressive Defense

We are committed to protecting your rights and fighting for your future. Whether negotiating with prosecutors or representing you in court, we will work tirelessly to achieve the best possible outcome.

4. Confidential and Discreet

We recognize the sensitive nature of domestic assault cases and handle every case with the utmost confidentiality and professionalism.

The Legal Process for Domestic Assault Cases

Navigating the legal process for domestic assault charges can be daunting. Here’s an overview of what to expect:

Arrest and Charges Following an allegation, police may arrest the accused and lay charges. It’s crucial to contact a domestic assault lawyer immediately to protect your rights.

Bail Hearing At the bail hearing, the court determines whether the accused will be released and under what conditions. A lawyer can advocate for reasonable bail terms.

Disclosure of Evidence The prosecution will provide evidence to the defense, including witness statements and police reports. Your lawyer will analyze this evidence to build your defense.

Negotiations and Plea Discussions Your lawyer may negotiate with the prosecution to seek a favorable resolution, such as reduced charges or penalties.

Trial or Resolution If the case proceeds to trial, your lawyer will present your defense and challenge the prosecution’s case. If a resolution is reached, such as a plea agreement, the court will impose sentencing.

Protect Your Future with Simmonds & Associates

Facing a domestic assault charge is one of life’s most challenging experiences, but you don’t have to go through it alone. At Simmonds & Associates, we are committed to protecting your rights, advocating for your defense, and helping you move forward with your life.

Whether you’re seeking to avoid a conviction, minimize penalties, or restore your reputation, our experienced team of domestic assault lawyers in Winnipeg is here to help.

Visit our website at simmondsassociates.ca to learn more about our services and schedule a confidential consultation. Let us be your trusted legal partner in Winnipeg’s justice system