New Column – Decision of the Week

We read a lot of decisions, and starting next week, we’re going to share with you the one decision that most affected us that week, whether because of its precedential value, unusual fact situation, or some other unique feature. Since we’re in Manitoba, we’d like to highlight Manitoba decisions, but we’ll also consider other jurisdictions when they publish noteworthy decisions we think you should know about.

Feel free to nominate your own “decision of the week”, and we’ll take it into consideration.

Manitoba eLaw – New Edition – Criminal Law Update

December 2018, Issue No. 88 highlights:

  • Breathalyser Maintenance Records Subject to Third Party Disclosure Rules: SCC (R. v. Gubbins, 2018 SCC 44 and R. v. Awashish, 2018 SCC 45)
  • Mandatory Minimum Sentence under s. 151(a) of the Criminal Code Unconstitional: MBCA (R. v. J.E.D., 2018 MBCA 123)
  • Overemphasising Collatoral Immigration Consequences an Error: MBCA (R. v. Yare, 2018 MBCA 114)
  • “A Court of Appeal Hearing is Not a Tea Party”: MBCA (R. v. Van Wissen, 2018 MBCA 100)
  • Legislative Update
  • Criminal Justice Conference: CBA

The full edition is available here

Manitoba eLaw – New Edition – Property & Succession Update

November 2018 Issue No. 92 highlights:

The full edition of this update is available here

Manitoba Court of Queen’s Bench Notices

The Court has recently issued the following Practice Direction and Notice:

Practice Direction

Comprehensive Amendments to Court of Queen’s Bench Rules (Family) Effective February 1, 2019

The Court of Queen’s Bench will be introducing a new model for scheduling and case  flow management in respect of non-child protection family proceedings. The implementation date is February 1, 2019. The model is designed to enhance the capacity of all Manitobans to better access justice in the area of family law within a system that will be significantly less complex, less slow and less expensive. The New Model for Scheduling and Case Flow (New FD Model) is expected to achieve that goal by ensuring that those cases that can be resolved will be resolved at the earliest point possible. Where otherwise contested matters cannot be resolved, the New FD Model will ensure that those matters are adjudicated within a predictable and finite period of time, mindful of what will be stable and consistent reference points or “meaningful events”, which events will themselves be governed by clear, identifiable and predictable timelines. (Download full Practice Direction here.) 

Notice

Practice Direction: New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters

The Practice Direction regarding the New Model for Scheduling and Case Flow Management of Non-Child Protection Family Division Matters will come into force effective immediately.

Both  notices are dated December 17, 2018. 

Legislation Update – New Bills

Fourth Session, 41st Legislature

Government Bills

Private Members’ Bills:

To follow the legislative process, be sure to check Bill Status daily. 

A note of interest: All of this week’s private members’ bills were introduced by the Honourable Stephen Fletcher (I).