O Juris-mas tree, O Juris-mas tree …

This year, the staff at the Manitoba Law Library have been busy!

In addition to our regular duties, this past week we put up a Christmas tree. Well actually … a Juris-mas tree! Using old editions of the Corpus Juris Secundum, we set up a neat, festive feature that has been capturing the attention of everyone here.

We hope you’ll be able to join us for a holiday celebration on Wednesday, December 20th between 2 and 4. You’ll be able to check out the tree for yourself while enjoying some festive cheer.

Charterpedia!

The law librarian world is geeking out today over Charterpedia, the federal government’s compilation of analysis and caselaw on the Canadian Charter. It’s like a crowd-sourced annotated Charter, for free!

This Charterpedia provides legal information about the Charter and contains information about the purpose of each section of the Charter, the analysis or test developed through case law in respect of the section, and any particular considerations related to it. Each Charterpedia entry cites relevant case law, and citations to Supreme Court of Canada decisions are hyperlinked whenever possible.

If you don’t have access to a paid annotated Charter product (or even if you do), I’d highly recommend starting with this.

Manitoba Queen’s Bench Rules, amended

Manitoba’s civil Queen’s Bench Rules are undergoing a significant amendment effective January 1, 2018. As noted in Chief Justice Joyal’s practice direction issued on November 8, 2017, the new rules and practices involve four major changes:

  1. Judicial involvement in managing cases;
  2. Trial scheduling;
  3. Judicially assisted dispute resolution (JADR); and
  4. Summary judgment.

Prior to the enforcement date, you can review the unconsolidated amendment which was registered October 2, 2017.

If you rely on the print looseleaf edition of the rules, Prof. Busby’s Manitoba Queen’s Bench Rules Annotated, make sure you check Manitoba Law’s website for an up-to-date version until the print edition is updated.

 

Legislative Updates – New Proclamations

The Government of Manitoba issued the following proclamation:

The Cannabis Harm Prevention Act (Various Acts Amended), (Parts 2, 3 and 6), S.M. 2017 c. 22. In force effective December 1, 2017.

The federal government has introduced legislation to legalize the non-medical use of cannabis (marijuana). This Act amends several Acts to address health or safety concerns that will arise when cannabis consumption is no longer illegal, and it closes any legislative gaps that might be created when cannabis is no longer considered to be an illegal drug.

The Child Sexual Exploitation and Human Trafficking Act

Cannabis is expressly stated to be a controlled substance under this Act. This ensures that the Act continues to apply to persons who supply cannabis in exchange for sexual conduct with a child or in order to compel victims of human trafficking to engage in specified activities.

The Drivers and Vehicles Act

This Act is amended to require the registrar of motor vehicles to make a determination whether to suspend the licence of a novice driver or a person with a class or subclass of driver’s licence prescribed in the regulations if the person receives a 24-hour roadside suspension under the new addition to The Highway Traffic Act for being under the influence of a drug.

The Highway Traffic Act

This Act is amended to:

  • create restrictions on the transportation of cannabis in motorized vehicles;
  • prohibit the consumption of cannabis in motorized vehicles on a highway;
  • create a 24-hour roadside suspension when an officer believes on reasonable grounds that as a result of being under the influence of a drug, a person is unable to safely operate a motor vehicle, vessel, aircraft or railway equipment; and
  • mirror the obligation on the registrar of motor vehicles added to The Drivers and Vehicles Act under similar provisions of The Highway Traffic Act.

The Mental Health Act

Cannabis is expressly listed as an intoxicant under this Act. A prohibition on providing intoxicants to residents in a mental health facility still applies to cannabis when it is legalized.

The Non-Smokers Health Protection Act

This Act is amended to prohibit people from smoking cannabis in enclosed public places, including through the use of e-cigarettes.

The Off-Road Vehicles Act

This Act is amended to create similar transportation and consumption prohibitions for off-road vehicles as those added for vehicles under The Highway Traffic Act.

The Public Schools Act

Every school must have a student code of conduct. The code must include a statement that students must not possess alcohol or illicit drugs at school. Since cannabis will not be considered an illicit drug when it is legalized, the Act is amended to specifically add cannabis to the list of prohibited products.

Contents Update – Canadian Labour & Employment Law Journal

We just received Volume 20, Issue No. 2 of Canadian Labour & Employment Law Journal with the theme of “Frontiers of Human Rights in Canadian Workplaces”. Featured articles:

  • Addressing Work-Family Conflict in Quebec: The Gap Between Policy Discourse and Legal Response – Stéphanie Bernstein
  • Gender, Religion and Workplace: Reimagining Reasonable Accommodation – Vrinda Narain
  • Competing Visions of an Inclusive Society: The Charter of Quebec Values and the Workplace – Louis-Philippe Lampron
  • Trends in Human Rights Damages: Courts, Statutory Tribunals and Labour Arbitration – Michelle Flaherty
  • Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces – Julie Harmgardt
  • Just Cause – Industrial Discipline at Arbitration in the 1940s – Paul Craven
  • Judicial Review of Labour Relations Board and Labour Arbitration Decisions in the Post-Dunsmuir Period in Ontario – Luba Yurchak

Please contact the library if you would like a copy of any of these articles.