Daniel Kennedy (Manitoba judge)
Encyclopedia
Daniel P. Kennedy is a judge and former politician in Manitoba
, Canada
. He has served on the Court of Queen's Bench of Manitoba
since 1984.
in the electoral district of St. Vital in a 1971 by-election
and the 1973 general election
. In the 1971 by-election, he campaigned against the amalgamation of St. Vital into the new "unicity" of Winnipeg
. In 1973, he was supported by many Progressive Conservatives
as the candidate most likely to defeat New Democratic Party
incumbent Jim Walding
. He narrowly lost to Walding on both occasions. Ian Stewart describes Kennedy as having been an "ambitious, articulate, and photogenic young lawyer" in this period.
He presided over the trial of a prominent Hell's Angels
member in 1993, and considered the question of whether a Winnipeg Sun
reporter had a right to protect a confidential source. He determined that he would not charge the reporter with contempt of court for refusing to divulge the source, and instead asked the provincial Attorney General to review the matter.
In 1992, Kennedy ruled that it was not a violation of the Canadian Charter of Rights and Freedoms
to sentence a defendant to six months in jail for failure to pay parking tickets. This ruling was overturned on appeal. In 1995, he became the first judge in Manitoba to order the repossession of a convict's property under "proceeds of crime" legislation passed six years earlier. The following year, he dismissed two statements a defendant had given to police on the grounds that the statements were made under duress. Partly as a result of this ruling, Winnipeg police began videotaping their talks with suspects the following year.
Kennedy gave a stiff, 13-year sentence to a heroin distributor in 1994, and was quoted as saying, "[m]any of the ills of society, the destruction of our societal fabric, comes because of the illicit use of drugs". In 2003, he gave a 28-month sentence to a man convicted of trafficking ecstasy.
In 1999, Kennedy re-instituted a triple-tax penalty for cigarette
smugglers that had been overturned by a lower court. He ruled that this penalty, while severe, did not "shock or outrage standards of decency".
Manitoba
Manitoba is a Canadian prairie province with an area of . The province has over 110,000 lakes and has a largely continental climate because of its flat topography. Agriculture, mostly concentrated in the fertile southern and western parts of the province, is vital to the province's economy; other...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. He has served on the Court of Queen's Bench of Manitoba
Court of Queen's Bench of Manitoba
The Court of Queen's Bench of Manitoba is the superior court of the Canadian province of Manitoba...
since 1984.
Political candidate
Kennedy ran for the Manitoba Liberal PartyManitoba Liberal Party
The Manitoba Liberal Party is a political party in Manitoba, Canada. Its roots can be traced to the late nineteenth-century, following the province's creation in 1870.-Origins and early development :...
in the electoral district of St. Vital in a 1971 by-election
By-election
A by-election is an election held to fill a political office that has become vacant between regularly scheduled elections....
and the 1973 general election
Manitoba general election, 1973
The Manitoba General Election of June 28, 1973 was held to elect Members of the Legislative Assembly of the Province of Manitoba, Canada. It was won by the social-democratic New Democratic Party, which took 31 of 57 seats...
. In the 1971 by-election, he campaigned against the amalgamation of St. Vital into the new "unicity" of Winnipeg
Winnipeg
Winnipeg is the capital and largest city of Manitoba, Canada, and is the primary municipality of the Winnipeg Capital Region, with more than half of Manitoba's population. It is located near the longitudinal centre of North America, at the confluence of the Red and Assiniboine Rivers .The name...
. In 1973, he was supported by many Progressive Conservatives
Progressive Conservative Party of Manitoba
The Progressive Conservative Party of Manitoba is the only right wing political party in Manitoba, Canada. It is also the official opposition party in the Legislative Assembly of Manitoba.-Origins and early years:...
as the candidate most likely to defeat New Democratic Party
New Democratic Party of Manitoba
The New Democratic Party of Manitoba is a social-democratic political party in Manitoba, Canada. It is the provincial wing of the federal New Democratic Party, and is a successor to the Manitoba Co-operative Commonwealth Federation...
incumbent Jim Walding
Jim Walding
Derek James "Jim" Walding was a politician in Manitoba, Canada. He was a member of the Legislative Assembly of Manitoba from 1971 to 1988, and served as speaker of the assembly from 1982 to 1986. Walding was a member of the New Democratic Party...
. He narrowly lost to Walding on both occasions. Ian Stewart describes Kennedy as having been an "ambitious, articulate, and photogenic young lawyer" in this period.
Judge
Kennedy was appointed as a provincial judge on August 30, 1978, and was promoted to the Court of Queen's Bench of Manitoba on June 21, 1984.He presided over the trial of a prominent Hell's Angels
Hells Angels
The Hells Angels Motorcycle Club is a worldwide one-percenter motorcycle gang and organized crime syndicate whose members typically ride Harley-Davidson motorcycles. In the United States and Canada, the Hells Angels are incorporated as the Hells Angels Motorcycle Corporation. Their primary motto...
member in 1993, and considered the question of whether a Winnipeg Sun
Winnipeg Sun
The Winnipeg Sun is a daily tabloid-sized newspaper in Winnipeg, Manitoba, Canada.It is owned by Sun Media, a subsidiary of Quebecor Media, and shares many characteristics typical of Sun Media tabloids, including an emphasis on local news stories, extensive sports coverage, a Canadian conservatism...
reporter had a right to protect a confidential source. He determined that he would not charge the reporter with contempt of court for refusing to divulge the source, and instead asked the provincial Attorney General to review the matter.
In 1992, Kennedy ruled that it was not a violation of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
to sentence a defendant to six months in jail for failure to pay parking tickets. This ruling was overturned on appeal. In 1995, he became the first judge in Manitoba to order the repossession of a convict's property under "proceeds of crime" legislation passed six years earlier. The following year, he dismissed two statements a defendant had given to police on the grounds that the statements were made under duress. Partly as a result of this ruling, Winnipeg police began videotaping their talks with suspects the following year.
Kennedy gave a stiff, 13-year sentence to a heroin distributor in 1994, and was quoted as saying, "[m]any of the ills of society, the destruction of our societal fabric, comes because of the illicit use of drugs". In 2003, he gave a 28-month sentence to a man convicted of trafficking ecstasy.
In 1999, Kennedy re-instituted a triple-tax penalty for cigarette
Cigarette
A cigarette is a small roll of finely cut tobacco leaves wrapped in a cylinder of thin paper for smoking. The cigarette is ignited at one end and allowed to smoulder; its smoke is inhaled from the other end, which is held in or to the mouth and in some cases a cigarette holder may be used as well...
smugglers that had been overturned by a lower court. He ruled that this penalty, while severe, did not "shock or outrage standards of decency".