Legislative Updates

Fourth Session, Forty-First Legislature

New Bills

Government Bills:

Private Member’s Bills:

2nd Reading

  • Commitee/Reported

Concurrence and 3rd Reading

Check the Bill Status daily to follow the legislative process.

Proclamations

The Government has proclaimed the following Act: 

The Red Tape Reduction and Government Efficiency Act, 2018 (SM 2018, c. 29), section 37 effective July 1, 2019.

Decision of the Week – Employer Charged With Workplace Fatality

This week’s decision comes from Nova Scotia. I found there were two very interesting facets to it that warranted bringing to the attention of members in Manitoba.

R. v. Hoyeck, 2019 NSSC 7 concerns an employer who was charged with failing to take reasonable steps to prevent bodily harm to an employee. The trial began before a judge and jury, but after two days, the jury was dismissed. After jury selection, one of the jurors sent a note to the judge about investigation into his LinkedIn account by the Crown (para. 3). As noted in this article by Norm Keith at Fasken:

The jury was discharged after one of the prosecutors, Mr. Keaveny was the subject of controversy about his use of social media to investigate prospective jurors. 

Nova Scotia Employer Acquitted in Westray Bill Prosecution

The benefit of this development is there is now additional case law on the subject of the responsibility of an employer in the death of an employee. There is a very high standard of proof required to convict an employer of Occupational Health and Safety criminal negligence. In this instance, the employee was a licensed Red Seal Mechanic and more qualified in his work than the owner. Although Chipman, J. was critical of the employer in his workplace practices:


Based on all of the evidence it is impossible for me to conclude beyond a reasonable doubt that Mr. Hoyeck did anything or omitted to do anything (that was his duty to do or not do) such that he is guilty of criminal negligence causing death.  …

R. v. Hoyeck, para. 94

Supreme Court of Canada in Winnipeg

If you are a regular reader of the Law Society of Manitoba’s newsletter, Communiqué, you’ve probably seen the notice at the back of each issue saying “Save the date”. We’ve known Chief Justice Wagner would be visiting and speaking, but what was just released on May 14th is news that the entire Court would be sitting in Winnipeg. As an SCC fangirl, this is exciting news.

What it means for the library is we will be closed September 25th and 26th to visitors, but we will aim to have remote delivery of services to members. As it gets closer to the date, we will send out notification regarding how you can reach us.

For more information on the SCC visit, here’s a link to the Winnipeg Free Press article (may require a subscription for access).

Legislative Updates

4th Session of the 41st Legislature

New Bills

Private Member’s Bills:

Second Reading

Committee/Reported

Check the Bill Status daily to follow the legislative process.

Free e-Course

New Rights, New Obligations: An Introduction to The Family Homes on Reserves and Matrimonial Interests or Rights Act

This self-paced e-Course is available on demand and is designed to provide you with substantive information about the Family Homes on Reserves and Matrimonial Interests or Rights Act (FHRMIRA), as well as practical information you will need to know when making applications under FHMRIRA.

Did you know that under FHRMIRA each First Nation (other than those excluded) may be able to enact its own laws to address matrimonial property interests or rights on reserve land, but that unless and until they do so, provisional rules under FHRMIRA apply?

Under the provisional rules spouses and common law partners may have rights to property on reserves in cases of relationship breakdown or death.

Topics covered include:

  • Understanding the Background
  • Understanding the Foundation of FHRMIRA
  • Manitoba’s Approach to the Protection Order and Exclusive Occupation Order Provisions
  • Matrimonial Property Interests or Rights
  • Estates
  • Penalties and Enforcement

This program may be reported for a maximum of 1.5 hours of CPD activity for Manitoba Members.

Login to the Member’s Portal to start your course.

Visit the Law Society of Manitoba for more information.