Custody of the Family Pet

When a couple splits up, who gets the dog? A small claims adjudicator in Nova Scotia is advocating for a specialized court to determine custody and care for animals.

In Kemp v. Osmond, 2017 NSSM 25, Slone calls for a new court to tackle pet ownership and custody issues. “In a more perfect world there would be special laws recognizing pets as living, feeling creatures with rights to be looked after by those who best meet their needs or interests, and there would be specialized accessible courts to determine the ‘best interest of the dog,’ as there are for children in the family courts,” he said.

Quebec passed a bill recognizing animals as sentient beings and not property, and British Columbia is moving to include the best interests of animals as a factor in judicial proceedings.

Kemp v. Osmond

Lawyer’s Daily Article: Adjudicator Calls for Specialized Court

 

New Proclamations, Signed 9 Aug 2017

The Government of Manitoba has issued the following proclamations:

The Court Security Amendment Act, S.M. 2017, c. 16

With the advice and consent of the Executive Council of
Manitoba, we name September 1, 2017, as the day on which
The Court Security Amendment Act (S.M. 2017, c. 16) comes
into force.

The Manitoba Institute of Trades and Technology Amendment Act (sections 1, 2 and 5), S.M. 2017, c. 9

With the advice and consent of the Executive Council of
Manitoba, we name September 1, 2017, as the day on which
sections 1, 2 and 5 of The Manitoba Institute of Trades and
Technology Amendment Act (S.M. 2017, c. 9) come into
force.

The Provincial Court Amendment Act, S.M. 2017, c. 4

With the advice and consent of the Executive Council of
Manitoba, we name September 1, 2017, as the day on which
The Provincial Court Amendment Act (S.M. 2017, c. 4)
comes into force.

The Provincial Offences Act and Municipal By-law Enforcement Act (Schedule A), S.M. 2013, c. 47

With the advice and consent of the Executive Council of
Manitoba, we name November 20, 2017, as the day on which
The Provincial Offences Act (S.M. 2013, c. 47, Sch. A),
comes into force.

 

 

 

Free Law Project – U.S. Law

With the high cost of subscription caselaw databases, we’re always looking for authoritative free sources. The Free Law Project is a California non-profit public benefit corporation whose mission is to “provide free, public, and permanent access to primary legal materials on the Internet”.  Working with PACER (Public Access to Court Electronic Records) they have collected every free order and opinion available on PACER and published them on an easy-to-use site called CourtListener.

PACER is similar to our Court Registry. It hosts case file documents and docket information for all district, bankruptcy and appellate courts. While it’s not free, it is very reasonably priced. If you’re looking for document information for a U.S. decision, we have an account with PACER and can help you find it.

CourtListener and Google Scholar should be of benefit to those firms who can’t justify subscribing to a U.S. database.

(Hat tip to The Washington Post’s The Volokh Conspiracy column.)

New Edition of Communiqué

The latest edition of the Law Society of Manitoba’s Communiqué has been published. The August 2017 edition includes the following:

Bencher Highlights
Fraud Alert
Some Moments in Time
Reporting a Cyber Crime
President’s Reception Photos
2017 Important Dates
CPLED Course Dates
Back to Basics – Who is My Client?
Richard J. Scott Award

As well, there are important dates to remember, a list of all the new Calls to the Bar, and information about the upcoming Pitblado Lectures.