Manitoba eLaws – New Edition – Family Law

The September 2018 edition of the Family Law Update has been published. Selected contents include:

  • SCC Adopts Multi‑factored Hybrid Approach to Hague Convention Analysis
  •  Limiting “Death by a Thousand Cuts of Litigation”: MBCA
  • Timely Decisions Essential in Child Welfare Cases: MBCA
  • Judges Have a Duty to Take a Hard Look at the Merits of Summary Judgment Claims: MBCA
  • Legislative updates
  • Final Report on the Review of Manitoba’s Child Welfare Legislation, Opportunities to Improve Outcomes for Children and Youth

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Legislative Update – New Proclamation

The Government of Manitoba proclaimed the following:

With the advice and consent of the Executive Council of
Manitoba, we name September 30, 2018, as the day on which
sections 10 and 11 of The Regulatory Accountability Act and
Amendments to The Statutes and Regulations Act
(S.M. 2017, c. 21) come into force.

This Act establishes The Regulatory Accountability Act.

Regulatory accountability is based on the principles of achieving balance with regulatory requirements, identifying the best option for them, assessing their impact, consulting and communicating about them, monitoring and minimizing their number, and streamlining their design.

 

Report re Child Protection System

The Government of Manitoba released its report on improving child welfare legislation on September 19, 2018. Titled “Opportunities to Improve Outcomes for Children and Youth“, it will provide guidance to the government to inform new legislation and policies.

On December 21, 2017, then Families Minister announced a formal review of Manitoba’s child welfare legislation. As community leaders, we were very pleased to be asked to lead this important initiative.  Following our appointment, we spent the next four months holding meetings and reviewing written submissions and online survey responses. In addition to hearing formal presentations in Winnipeg, we met with key stakeholders in Thompson, Dauphin and Brandon. It is remarkable that over 1,540 individuals provided input in such a short frame of time.

Additional commentary:

Notice from the Manitoba Court of Queen’s Bench

The Court recently published Version 5 of the  Mandatory Standard Clauses for Family Division Orders. The use of standard clauses has been mandatory since 1998.

Version 5 of the Standard Clauses reflects legislative changes that have come into force since the release of Version 4 of the Standard Clauses and contains many other changes to clause wording and footnotes. The terms used in the applicable legislative and regulatory provisions and Rules were taken into account as clauses were drafted.

Be sure to read the entire notice for full instructions.