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Wayne Gorman, Provincial Court Judge

Biography

Judge Gorman graduated from Dalhousie Law School in Halifax Nova Scotia in 1982.  He was admitted to the Law Society of Newfoundland and Labrador in 1983.   His practice was confined almost solely to the area of criminal law and in 1979 he was appointed as the Director of Public Prosecutions for the Province of Newfoundland and Labrador.  In 1980, Judge Gorman was appointed to the Provincial Court of Newfoundland and Labrador.   Judge Gorman’s work has been widely published.  He writes a regular column for Court Review, the journal of the American Judges Association and for the Provincial Judge’s Journal, the journal of the Canadian Association of Provincial Court Judges.  His blog (Keeping Up Is Hard To Do), is located on the web page of the Canadian Association of Provincial Court Judges.

Areas of Expertise

  1. Criminal Law

Selected Articles

  • R. v. Jordan: Its Effect on Cases Already in the System (2017), 64 C.L.Q. 239.
  • The Impact of the Supreme Court on Sentencing in Canada (2016), 72 Supreme Court Law Review (Second Series) 319
  • Ours is to Reason Why: The Law of Rendering Judgment (2015), 62 Criminal Law Quarterly 301.
  • A Review & Analysis of Procedural Issues in Charter Applications Involving Criminal Causes or Matters: Pre-Trial, Trial and Post-Trial (1995), 37 C.L.Q. 154
  • Multiple Count Indictments and the Impact of the Accused Being Acquitted on a Count Subsequently Used as Similar Fact Evidence (1994), 30 C.R. (4th) 222.
  • Does Section 258(1)(g) of the Criminal Code of Canada Require that the Technician Ascertain that the Alcohol Standard is Suitable by Reference to the Section 258(1)(f) Certificate? (1995), 6 J.M.V.L. 265.
  • Fitness of the Sentence Imposed: Is or Should the Standard of Appellate Review be Different for Summary Conviction Offences? (1994), 27 C.R. (4th) 28.
  • Is There a Right of Appeal From An Order Made Pursuant to Section 741.2 of the Criminal Code of Canada? (1994), 58 Univ. of Sask. Law Rev. 139.
  • Four Years After Regina v. Grant-What does “Forthwith” Mean and Does or Should it Really Matter When the Accused has Provided Samples of Breath? (1996), 7 J.M.V.L. 257.
  • Hearsay in Sexual Offence Prosecutions (1997), 39 C.L.Q. 43.
  • Criminal Code of Canada, s. 127: When will Another “mode of proceeding” Prevent It’s Application to Breaches of Court Orders? (1997), 40 C.L.Q. 200.
  • Arbitrary Detentions: Section 9 of the Charter and the Random Stopping of Motor Vehicles (1998), 41 C.L.Q. 41.
  • Prosecutorial Discretion in a Charter-Dominated Trial Process (2000), 44 C.L.Q. 15.
  • Provocation: The Jealous Husband Defence (1999), 42 C.L.Q. 478.
  • D.P.P. v. Charles J. Haughey: A Canadian Perspective on Stays of Proceedings and Pre-Trial Publicity (2000), 44 C.L.Q. 149
  • R. v. Parent: Case Comment (2002), 45 C.L.Q. 412.
  • Judicial Intervention in the Trial Process (2003), 47 C.L.Q. 481.
  • Reasonable Apprehension of Judicial Bias in Trial Proceedings (2009), 55 C.L.Q. 46.
Wayne Gorman
Provincial Court Judge
In 1980, Judge Gorman was appointed to the Provincial Court of Newfoundland and Labrador. Judge Gorman’s work has been widely published. He writes a regular column for Court Review, the journal of the American Judges Association and for the Provincial Judge’s Journal, the journal of the Canadian Association of Provincial Court Judges.

Wayne Gorman, Provincial Court Judge

Biography

Judge Gorman graduated from Dalhousie Law School in Halifax Nova Scotia in 1982.  He was admitted to the Law Society of Newfoundland and Labrador in 1983.   His practice was confined almost solely to the area of criminal law and in 1979 he was appointed as the Director of Public Prosecutions for the Province of Newfoundland and Labrador.  In 1980, Judge Gorman was appointed to the Provincial Court of Newfoundland and Labrador.   Judge Gorman’s work has been widely published.  He writes a regular column for Court Review, the journal of the American Judges Association and for the Provincial Judge’s Journal, the journal of the Canadian Association of Provincial Court Judges.  His blog (Keeping Up Is Hard To Do), is located on the web page of the Canadian Association of Provincial Court Judges.

Areas of Expertise

  1. Criminal Law

Selected Presentations

Selected Articles

  • R. v. Jordan: Its Effect on Cases Already in the System (2017), 64 C.L.Q. 239.
  • The Impact of the Supreme Court on Sentencing in Canada (2016), 72 Supreme Court Law Review (Second Series) 319
  • Ours is to Reason Why: The Law of Rendering Judgment (2015), 62 Criminal Law Quarterly 301.
  • A Review & Analysis of Procedural Issues in Charter Applications Involving Criminal Causes or Matters: Pre-Trial, Trial and Post-Trial (1995), 37 C.L.Q. 154
  • Multiple Count Indictments and the Impact of the Accused Being Acquitted on a Count Subsequently Used as Similar Fact Evidence (1994), 30 C.R. (4th) 222.
  • Does Section 258(1)(g) of the Criminal Code of Canada Require that the Technician Ascertain that the Alcohol Standard is Suitable by Reference to the Section 258(1)(f) Certificate? (1995), 6 J.M.V.L. 265.
  • Fitness of the Sentence Imposed: Is or Should the Standard of Appellate Review be Different for Summary Conviction Offences? (1994), 27 C.R. (4th) 28.
  • Is There a Right of Appeal From An Order Made Pursuant to Section 741.2 of the Criminal Code of Canada? (1994), 58 Univ. of Sask. Law Rev. 139.
  • Four Years After Regina v. Grant-What does “Forthwith” Mean and Does or Should it Really Matter When the Accused has Provided Samples of Breath? (1996), 7 J.M.V.L. 257.
  • Hearsay in Sexual Offence Prosecutions (1997), 39 C.L.Q. 43.
  • Criminal Code of Canada, s. 127: When will Another “mode of proceeding” Prevent It’s Application to Breaches of Court Orders? (1997), 40 C.L.Q. 200.
  • Arbitrary Detentions: Section 9 of the Charter and the Random Stopping of Motor Vehicles (1998), 41 C.L.Q. 41.
  • Prosecutorial Discretion in a Charter-Dominated Trial Process (2000), 44 C.L.Q. 15.
  • Provocation: The Jealous Husband Defence (1999), 42 C.L.Q. 478.
  • D.P.P. v. Charles J. Haughey: A Canadian Perspective on Stays of Proceedings and Pre-Trial Publicity (2000), 44 C.L.Q. 149
  • R. v. Parent: Case Comment (2002), 45 C.L.Q. 412.
  • Judicial Intervention in the Trial Process (2003), 47 C.L.Q. 481.
  • Reasonable Apprehension of Judicial Bias in Trial Proceedings (2009), 55 C.L.Q. 46.

Honors and Awards

Wayne Gorman
Provincial Court Judge
In 1980, Judge Gorman was appointed to the Provincial Court of Newfoundland and Labrador. Judge Gorman’s work has been widely published. He writes a regular column for Court Review, the journal of the American Judges Association and for the Provincial Judge’s Journal, the journal of the Canadian Association of Provincial Court Judges.

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