Ottawa Proposes Changes to the Divorce Act-Updated

The Minister of Justice, Jody Wilson Raybould, recently introduced Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. This is the first major overhaul to the Divorce Act since the child support guidelines were enacted in 1997.

Some of the reforms included in the Bill include:

  • Establishing a framework for relocating a child;
  • Fleshing out the term “best interest of the child”;
  • Provide for orders requiring contact with a child for another person, e.g. a grandparent.

The federal government has been consulting with members of the family bar and other stakeholders for the past two years in preparation for this bill.

Commentary from The Lawyers Daily: Bar Gives Good Initial Reviews

A Brief Overview of Bill C-78, Part 2, by John-Paul Boyd

A Brief Overview of Bill C-78, Part 1, by John-Paul Boyd

 

Library Closure: May 25

The Manitoba Law Library will  be closing at 11:00 am on Friday, May 25 for a swearing in ceremony reception.

After hours access will be available after 5:00 pm on Friday.

Regular hours will resume on Monday, May 28.

Legislative Updates – New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 29: The Wildlife Amendment Act (Safe Hunting and Shared Management)

This Bill contains amendments to The Wildlife Act. They include the following:

  • A general prohibition on night hunting is established. In southern Manitoba, an aboriginal person may hunt at night if they have a permit and are hunting in the area set out in the permit where the department has determined that night hunting may be conducted. An aboriginal person exercising harvesting rights in northern Manitoba may hunt at night if they comply with prohibitions and restrictions established by regulation.
  • Minimum fines are established for persons convicted of dangerous hunting offences.
  • The minister may appoint shared management committees to provide recommendations on the conservation and management of wildlife in a specific area. At least half of the committee members must be aboriginal persons. A shared management committee must also have representation from hunters, outfitters and local land owners.
  • The minister may work with a variety of organizations to encourage private landowners to give consent to enable persons to hunt or trap on their land.

Bill 30: The Statutes Correction and Minor Amendments Act, 2018

This Bill corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts and repeals two municipal Acts.

Library Closure: May 21

The Library will be closed on Monday, May 21st.

Lawyers may access the library between 10:00 a.m. and 5:00 p.m. by signing in at the security desk.

Regular hours resume on Tuesday.

Gladue Reports Database coming…in Saskatchewan

Gladue reports are pre-sentencing or bail hearing reports which take into account Indigenous offenders’ background on sentencing. They stem from a landmark 1999 Supreme Court of Canada decision. The University of Saskatchewan has developed a research database to assist Gladue report writers by making them easier and less costly to prepare. Access to the database is by subscription, which revenue will be used to hire students to update the database.

The new Gladue Rights Research Database provides lawyers, researchers and others with instant access to the insights and conclusions of more than 500 academic works related to the history of settler colonialism in Saskatchewan. It also includes a large and growing body of oral history resources and key archival documents.

Robson Hall at the University of  Manitoba has developed a Gladue Handbook to help report writers in Manitoba.

This is a really interesting and exciting development for the protection of Gladue rights.

News release from University of Saskatchewan