Public Reviews and Hearings
Public Hearings before a Provincial Judge |
Public hearings under The Law Enforcement Review Act (TLERA) are held before provincial judges sitting
persona designata. In this respect, they do not sit in their usual capacity as a member of the provincial
court. A public hearing will only take place after a matter has been referred by the commissioner under
section 17.
Where a public hearing has been referred by the commissioner, section 27(2) of TLERA states: "The
provincial judge hearing the matter shall dismiss a complaint in respect of an alleged disciplinary default
unless he or she is satisfied on clear and convincing evidence that the respondent has committed the
disciplinary default."
The "clear and convincing evidence" standard was brought into the Act in 1992. It is not worded the same
as the more traditional standards that are used in other contexts. In criminal cases the standard is "beyond
a reasonable doubt", which was used in the act until 1992. In civil cases, the standard is "balance of
probabilities." Some provincial judges have held that the "clear and convincing evidence" standard falls
between the civil and criminal standards of proof. However, some judges have ruled that clear and convincing
evidence simply means the quality of evidence necessary to meet the standard of proof on a "balance of
probabilities."
- LERA File 2005/343 - Wednesday, May 26, 2010 and Thursday, May 27, 2010 @ 10:00 AM
Courtroom 316, Law Courts Complex, 408 York Ave, Winnipeg MB
- LERA File 2003/157 (6374) - Monday, June 21, 2010 – Friday, July 2, 2010
@ 10:00 AM
Courtroom 316, Law Courts Complex, 408 York Ave, Winnipeg MB
- LERA File 2007/299 and 2007/308 - Thursday, July 22,
2010 @ 10:00 AM
Courtroom 105, Court House, 1104 Princess Ave, Brandon MB
Decisions under Section 17 of The Law Enforcement Review
Act |
- LERA File 6112 - December 5, 2007
The Honourable Judge Mary Curtis
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6176 - October 26, 2007
The Honourable K. Moar, P.J.
A Preliminary Motion (Jurisdiction)
- LERA File 2005/235 - October 22,
2007
The Honourable Brent D. Stewart, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2004/124 - October 18, 2007
The Honourable Associate Chief Judge Harvie
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2005/3 - October 12, 2007
The Honourable Catherine Carlson, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2005/151 - August 29, 2007
The Honourable Judge Fred H. Sandhu
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6227 - January 22, 2007
The Honourable Howard Collerman, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6180
- January 31, 2007
The Honourable Marva J. Smith, P.J.
A penalty hearing pursuant to section 28 of The Law Enforcement Review Act
- August 18, 2006
The Honourable Marva J. Smith, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6100 - February 20, 2007
The Honourable Glenn D. Joyal, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2006/109 - April 5, 2007
The Honourable Judge B. D. Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2004/72 - December 18, 2006
The Honourable Judge Krystyna Tarwid
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6211 - December 1, 2006
The Honourable Combs, J., P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA file 6142
- November 30, 2006
The Honourable Sidney Lerner, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- January 16, 2006
The Honourable Sidney Lerner, P.J.
A Preliminary Motion (Jurisdiction)
- LERA File 5329 - November 20, 2006
The Honourable Glenn D. Joyal Provincial Judge
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2463 - October 27, 2006
The Honourable Judge Champagne. PJ
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6160 - September 7, 2006
The Honourable Corrin, P.J. (Orally)
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5974
- July 13, 2006
The Honourable Judge Charles N. Rubin
A hearing pursuant to section 17 of The Law Enforcement Review Act
- January 28, 2004
The Honourable Wesley H. Swail, P.J.
A review pursuant to section 13 of The Law Enforcement Review Act
- LERA File 6220 - June 29, 2006
The Honourable Judge Marvin Garfinkel
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5688 - June 27, 2007
The Honourable Judge J.A. Elliott
A Preliminary Motion (Jurisdiction)
- LERA File 5066 - June 21, 2006
The Honourable R.J. Meyers, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6080 - June 8, 2006
The Honourable Judge Mary Curtis
A hearing pursuant to section 17 of The Law Enforcement Review Act
- Lera File 6447 - June 7, 2006
The Honourable Timothy J. Preston P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6165 - June 7, 2006
The Honourable Judge Glenn Joyal
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 2005/33 - June 2, 2006
The Honourable Judge Brian Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5925 - April 28, 2006
The Honourable Judge Murray W. Howell
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5951 - December 12, 2005
The Honourable Judge Wesley H. Swail
A hearing pursuant to section 17 of The Law Enforcement Review Act
See also review pursuant to section 13 of
The Law Enforcement Review Act from January 27, 2004
- LERA File 2004/28 - September 16, 2005
The Honourable Judge Timothy J. Preston
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3771 - July 12, 2005
The Honourable Judge Theodore J. Lismer
A hearing pursuant to section 17 of The Law Enforcement Review Act
See also review pursuant to section 13 of
The Law Enforcement Review Act from July 3, 2002
- LERA File 5639 - July 11, 2005
The Honourable Judge Robert L. Kopstein
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5251 - June 29, 2005
The Honourable Associate Chief Judge Brian D. Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act
See also review pursuant to section 13 of
The Law Enforcement Review Act from January 29, 2004
- LERA File 5328:
- June 13, 2005
The Honourable Linda Giesbrecht P.J.
A penalty hearing pursuant to section 28(1) of The Law Enforcement Review Act
- November 24, 2004
The Honourable Judge Linda Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act
- February 10, 2004
The Honourable Linda Giesbrecht P.J.
A Preliminary Motion (Jurisdiction)
- LERA File 6033 - June 3, 2005
The Honourable Judge K. Mary Curtis
A hearing pursuant to section 17 of The Law Enforcement Review Act
See also review pursuant to section 13 of
The Law Enforcement Review Act from December 19, 2003
- LERA File 6909 - May 11, 2005
The Honourable Judge Brian D. Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5908 - May 20, 2005
The Honourable Judge Charles Newcombe
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 6052 - April 12, 2005
The Honourable Judge Glenn Joyal
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5941 - March 30, 2005
The Honourable Judge Charles Newcombe
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3704 - March 8, 2005
The Honourable Judge Richard Chartier
A penalty hearing pursuant to section 28 of The Law Enforcement Review Act
See also hearing pursuant to section 17 of
The Law Enforcement Review Act from March 20, 2001
- LERA File 5723 - February 9, 2005
The Honourable Judge Glen Joyal
A review pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5595 - January 26, 2005
The Honourable Judge J.P. Guy
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5980 - January 7, 2005
The Honourable Associate Chief Judge Mary Kate Harvie
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5554 - December 21, 2004
The Honourable Judge Timothy J. Preston
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3704 - November 15, 2004
The Honourable Judge Richard Chartier
A hearing pursuant to section 17 of The Law Enforcement Review Act
See also penalty hearing pursuant to section 28 of
TLERA from March 8, 2005
- LERA File 3675 - October 7, 2004
The Honourable Judge Murray W. Howell
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5428 - September 30, 2004
The Honourable Judge Brian Corrin
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5705 - August 13, 2004
The Honourable Judith A. Elliott, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5814 - August 10, 2004
The Honourable Fred H. Sandhu, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5844 - June 27th, 2004
The Honourable Heather R. Pullan, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 5844 - June 27th, 2004
The Honourable Heather R. Pullan, P.J.
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3976 - May 11, 2004
The Honourable Judge A.C. Everett
A hearing pursuant to section 17 of The Law Enforcement Review Act
| Date of Decision not specified |
- LERA File 3705
The Honourable Associate Chief Judge Brian Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3601
The Honourable Associate Chief Judge Bruce H. Miller
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3610
The Honourable Judge P. J. Howell
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3238
The Honourable Judge Charles N. Rubin
A hearing pursuant to section 17 of The Law Enforcement Review Act
