Latest news with #CourtOfKingsBench
CTV News
9 hours ago
- CTV News
Lawyer found guilty of 17 counts of misconduct: Law Society of Manitoba
A Manitoba lawyer has been found guilty of 17 counts of professional misconduct by the Law Society of Manitoba, with disciplinary measures to be decided at a later date. The decision dated June 20, 2025, found Paul Sydney Vyamucharo-Shawa breached the Law Society of Manitoba's Code of Professional Conduct following hearings that spanned eight months. A three-person panel found the 67-year-old sole practitioner guilty of offences such as breach of integrity, failure to treat the court with 'candour, courtesy and respect,' recording conversations with clients and other lawyers without their consent, and sending abusive or offensive correspondence. 'The panel cannot escape the very distinct impression that Mr. Vyamucharo-Shawa, to this day, lacks insight into the impact his behaviours and his words—spoken or written—have on others in the profession with whom he deals with on a daily basis,' reads part of the 78-page decision. The charges come after three citations were filed against him between 2022 and 2024, pertaining to a fee dispute with a former client, a real estate transaction and a litigation matter. Several of the charges pertain to letters he sent to a Court of King's Bench justice and the society, including asserting that the justice was 'continuing to hog and not doing the needful' and was engaging in 'needless improper interference with access to justice.' Vyamucharo-Shawa was previously suspended from practising law for six months in 2019 after pleading guilty to five counts of professional misconduct, according to files with the Law Society of Manitoba. In 2008, he also pled guilty to four charges of professional misconduct, and in 2000, he pled guilty to nine charges of professional misconduct—with multiple charges relating to misappropriation of nearly $20,000 from a trust account. In 1999, he accepted a formal caution for breaching a trust condition. The latest decision says the discipline committee administrator will be contacted to arrange a date for a hearing on sanctions.
CBC
a day ago
- CBC
Man found not guilty of killing common-law spouse nearly 6 years after her death
Social Sharing After years of legal proceedings, a man has been found not guilty of killing his common-law partner and setting fire to their mobile home in Boyle, Alta. Mario Bernier, 60, was charged with second-degree murder in the death of Melissa Lyne in September 2020, about nine months after her body was discovered on Dec. 18, 2019, in the burned wreckage of the home they shared. Bernier's trial took more than two years to finish, with evidence spread across separate weeks from early 2023 to June 6, 2025, when Court of King's Bench Justice Shaina Leonard gave her decision. Part of the reason for the protracted case was the fact that the murder trial was conducted in French — a rarity in Alberta. At one point, Bernier tried to switch to an English trial, but the judge said Bernier wouldn't be able to adequately understand what was happening in court without an interpreter. RCMP investigating suspicious death in fire in Boyle, Alta. With most witnesses testifying in English, translators were required to interpret between the two languages throughout the trial. But nearly six years after the incident, the judge concluded that Crown prosecutors didn't prove beyond a reasonable doubt that Bernier caused Lyne's death. Bernier was acquitted on all three charges he faced: second-degree murder, arson and indignity to human remains. Bernier found in Saskatchewan after the fire The judge's decision, which was written and delivered in French, says there are too many unknowns to make a firm conclusion about what happened to Lyne. The court heard that Lyne was planning to leave Bernier, and some of her friends and family members were helping her make a plan to move to B.C., where her brother lives. She told at least one person that she felt the relationship was abusive. Lyne tried to leave on Dec. 7, 2019, but she was pulled over just after midnight by RCMP in Wabamun, Alta., a hamlet west of Edmonton, about 160 kilometres southwest of Boyle. Her car was impounded due to her blood alcohol concentration levels, and Bernier picked her up and brought her back to Boyle. Ten days later, around 5:30 a.m. MT, a man called to report a fire at Lyne and Bernier's mobile home. Bernier and his vehicle were gone, but Lyne was found inside, her body severely burned. A kitchen knife was also found underneath her head. An autopsy couldn't determine the cause of Lyne's death. The medical examiner didn't find a natural cause or any injuries such as stab wounds on her torso. But he concluded that there wasn't evidence of smoke inhalation, suggesting she was probably dead before the fire started. Bernier was found the day after the fire in Chamberlain, Sask., a village about 80 kilometres northwest of Regina, after a truck driver called RCMP about a man with blood on his clothes asking for water. Bernier had two large cuts on his arms and admitted he'd intentionally injured himself. He was taken to hospital in Regina, where he told two psychiatrists that his partner had left him. Police interviewed Bernier over two days in September 2020 — roughly nine months later. He told them that, the night before the fire, he and Lyne were drinking heavily and had a physical altercation, during which he had to hold Lyne back from getting in her car and driving while drunk. Bernier said he couldn't remember everything that happened, but told police that he and Lyne both fell when she tripped on a carpet, and she fell on a coffee table. He said he tried to give her first aid, but passed out. When he woke up, she was cold and there was smoke in the home. At that point, he said he left and drove away. Not guilty on all 3 charges Crown prosecutors argued that Bernier's version of events was false, and that his sense of guilt was demonstrated through not calling for help, and fleeing the province and attempting suicide. But Leonard found there are too many unanswered questions to determine what happened between Bernier and Lyne, and to prove he started the fire. The pair were both smokers, but a fire investigator testified that the fire was a result of arson and didn't have a "smoldering" source he would expect to see if cigarettes were the cause. But in her decision, Leonard said she found issues with the investigator's analysis, including a lack of documentation to support his conclusions. The judge found that, in light of available evidence, it's possible that Lyne's death was an accident and, after finding her dead, Bernier ran away in a state of despair. The Crown, she said, hasn't proven the theory that Bernier killed Lyne — under circumstances that would constitute either murder or manslaughter — then intentionally set fire to their home to cover up the crime.
Yahoo
2 days ago
- Yahoo
Former Sask. ed assistant released on bail pending appeal of convictions for sexual crimes against teens
A former small-town Saskatchewan educational assistant convicted of sexual crimes against teen boys has been released on bail as she awaits the outcome of her appeal. Following a Regina trial in March, a jury found Stacey Duke guilty on two counts of exploitation, two counts of making sexually explicit material available to a child and two counts of luring. She received a 28-month prison sentence that was handed down earlier this month by Court of King's Bench Justice Neil Robertson, who stayed the luring charges based on a legal principle that states a person cannot be convicted of more than one offence for the same act. The two victims were once students of Vibank Regional School where Duke formerly worked as an educational assistant. They cannot be identified due to a standard publication ban. As a result, their names, specific ages and other information has been withheld. A key issue at trial was whether Duke had been in a position of trust or authority over the boys at the time of the offences, all of which were found to have occurred in the fall of 2022. Each charge required the Crown to prove Duke was in a position of trust or authority over the related victim at the time of the alleged offence. Very shortly after she was sentenced, Duke filed an appeal, suggesting Robertson made errors in the handling of her case. Along with that, she filed a notice of application for bail, stating her intention to seek release while her appeal is pending. According to a document obtained by the Regina Leader-Post, the Crown consented to Duke's release on conditions, after which the Court of Appeal issued an order for her release dated June 13. Duke is subject to a series of conditions that she must abide by while on release. They include: keeping the peace and being of good behaviour; attending court when required; notifying the court of any change in address; having no contact with a number of people associated with the case; and not mentioning the case, witnesses, or appeal on social media. Duke is to have no contact 'electronically' with anyone under age 17, except for immediate family members. Her conditions also include some aimed at stopping her from consuming alcohol or drugs not prescribed to her. At trial, Duke testified that she suffered from a drinking problem as well as depression and anxiety at the relevant time. She must also file appeal paperwork on time, not leave the province, and surrender into custody should the outcome of her appeal dictate she must serve time. bharder@ Former Sask. educational assistant gets 28-month sentence for sex crimes against teens Stacey Duke appeals conviction of sexual crimes against teens, seeks bail The Regina Leader-Post has created an Afternoon Headlines newsletter that can be delivered daily to your inbox so you are up to date with the most vital news of the day. Click here to subscribe. With some online platforms blocking access to the journalism upon which you depend, our website is your destination for up-to-the-minute news, so make sure to bookmark and sign up for our newsletters so we can keep you informed. Click here to subscribe.
National Post
5 days ago
- National Post
Regina chiropractor gets 15-month community sentence for sex assault of patient
Article content A judge has sentenced a Regina chiropractor to 15 months in the community for sexually assaulting a patient. Article content Court of King's Bench Justice Janet McMurtry says a prison sentence would have made it difficult for Ruben Manz to support his family. Article content Article content 'Incarceration, in my view, would overemphasize the gravity of the offence,' McMurtry said Monday. Article content Manz was accused of touching or pulling the breasts of seven female patients while stretching their necks between 2010 and 2020. Article content A jury found him guilty on one count of sexual assault, not guilty on five other counts and a mistrial was determined on the remaining count. Article content The Crown argued Manz sexually touched the women for no legitimate medical purpose, betraying their trust in him as a medical caregiver. Article content Manz testified that he got his patients to fill out forms and asked for their consent before working on sensitive areas of the body, including the chest and buttocks. Article content If patients told him they were uncomfortable, he said, he stopped. Article content The judge said Manz must follow a curfew and have no contact with the victim, as well as keep the peace and be on good behaviour.
CBC
12-06-2025
- Business
- CBC
Judge rejects auditor general's bid to access Vitalité's internal audits on travel nurses
A New Brunswick judge has rejected the auditor general's bid to access Vitalité Health Network's internal audits of its controversial travel-nurse contracts. Auditor General Paul Martin sought a court order to compel the regional health authority to disclose the documents as part of his investigation into the management and use of private agency nurses by Vitalité, Horizon and the Department of Social Development between Jan. 1, 2022, and Feb. 29, 2024. But Court of King's Bench Chief Justice Tracey DeWare dismissed his application, saying she's not satisfied the Auditor General Act provides an explicit waiver of Vitalité's claims of litigation privilege or solicitor-client privilege. These privileges are "foundational to our legal system," DeWare wrote in her decision, dated June 2. "The Court can only endorse a legislative interpretation which abrogates these privileges in circumstances where the intention of the Legislature can be clearly discerned to have contemplated the scope of such an exceptional authority." Vitalité is entitled to costs of $2,000, she ruled. CBC News requested an interview with Martin, including whether he intends to appeal. In response, his office sent an emailed statement, saying he received notice of the dismissal last week and is "currently assessing the next steps." Vitalité did not immediately respond to a request for comment. In a scathing report last June, Martin concluded Vitalité spent $123 million in travel-nurse contracts dating back to 2022, when the regional health authority signed its first deal with Canadian Health Labs. The Ontario-based agency charged about $300 an hour per nurse — roughly six times what a local staff nurse earns. "The contracts with private nursing agencies were not reflective of best practices and did not demonstrate value for money," Martin said at the time. As part of that audit, launched in March 2024, Martin requested "various information and documents" from Vitalité, including internal audit reports on the use of agency nurses. Internal audits were to probe 'irregularities' Vitalité refused to provide the internal audit reports. It had commissioned the audits after it "noticed irregularities in some of the services rendered by the agency nurses which were not in conformity with the terms set out in the governing contracts," according to DeWare's decision. No details are provided, but "in order to investigate potential deficiencies in the services rendered by the nursing agencies, [Vitalité] commissioned an internal audit of the performance of one of the contracts spanning the period between August 2022 and June 2023." Vitalité alleges these audits "confirmed the existence of deficiencies in the performance of the agency nurses' contract with one of the agencies — Canadian Health Labs," DeWare wrote. The company has since launched three lawsuits against Vitalité for allegedly breaching three of its contracts — two expired and one still in force. It's seeking compensation, including punitive, aggravated and special damages. Vitalité has filed statements of defence, as well as counterclaims in all three cases. Martin argued act covers privileged information Martin applied to the court for an injunction on Oct. 9. "Under the Auditor General Act, I have rights of access to any information relating to the performance of my duties," he wrote in a sworn affidavit. This includes privileged information, he argued. Section 13 (a) of the act says the auditor general is entitled to "free access at all convenient times to information, including files, documents, records, agreements and contracts, despite that they may be confidential or private, that relates to the fulfilment of his or her responsibilities." According to Martin, changes the legislature made to that section in 2014, including the auditor general's ability to obtain "private and confidential" information, were specifically made to address this type of situation, DeWare wrote. Discussions surrounding the amendments demonstrate there was a clear desire to enhance the auditor general's authority to obtain necessary information, Martin argued. Vitalité says disclosure would prejudice litigation Vitalité countered that disclosure of the internal audit reports "would prejudice its ability to prosecute" the action against Canadian Health Labs, according to Deware, and that Section 13 (a) of the act "does not explicitly displace or supersede otherwise valid claims of litigation or solicitor-client privilege." If the New Brunswick Legislature had intended for the section to override litigation or solicitor-client privilege, it would have explicitly stated so in the statute, as it does in the Ombudsman Act, Vitalité argued. DeWare noted the Ontario Court of Appeal recently upheld a trial court decision that the Auditor General Act of that province, which, similar to New Brunswick's, does not contain a specific waiver of a valid privilege, "did not authorize access nor compel disclosure of privileged information." The Supreme Court of Canada also considered a similar issue when interpreting a section of Alberta's Freedom of Information and Protection of Privacy Act in 2016, said DeWare. The country's highest court ruled legislative language must be interpreted restrictively when determining if solicitor-client privilege may be set aside. Act not explicit, judge rules "While I appreciate the [auditor general's] argument, the addition of the words 'confidential and private' to section 13 indicates an expanded scope to the information which could be sought, it falls short of explicitly stating an intention to have access to 'privileged' documents," DeWare said. She pointed out that with the 2014 amendments, the legislature didn't adopt the "explicit" language of Nova Scotia's Auditor General Act — "solicitor-client privilege, litigation privilege, settlement privilege and public interest immunity." "The language of the Nova Scotia statute could not be any clearer." Section 13 (a) of the New Brunswick act "does not grant the Auditor General the authority to require production of documents or information which are properly subject to a solicitor-client or litigation privilege," DeWare ruled.
