by Allyssa McFadyen | Mar 28, 2019 | Commentary, Journals, Wills and Estates
Volume 38, No. 2 of the Estates, Trusts & Pensions Journal has arrived in the library.
Contents
From the Legislatures
- The Regulation of Ontario Retirement Homes: A Primer for Elder Law Advocates in Ontario by John Risk and Heather Hogan
- The Increasing Exposure of Retirement Savings to Derivative Instruments by Scott McEvoy
Articles
- Rights of Surviving Spouses on Death in Canada by Marni M.K. Whitaker
- Conjugal Succession Rights in British Columbia and the Yukon by Amy Francis
- Comparing Common Law and Marriage Succession Rights in Alberta by Nancy L. Golding
- Spousal Succession Rights Upon Death in Saskatchewan by Kimberly D. Visram
- Entitlements of a Surviving Spouse in Manitoba by Gwen Muirhead
- Rights of Married and Common Law Spouses in Ontario on Death by E. Llana Nakonechny and Zahra Taseer
If you are a member of the Law Society of Manitoba and would like to receive a copy of any of these articles, please contact us at library@lawsociety.mb.ca.
by Allyssa McFadyen | Mar 26, 2019 | Bill Status, Legislation, New Bills
4th Session of the 41st Legislature
New Bills
Government Bills:
Private Member’s Bills:
Check the Bill Status daily to follow the legislative process. P
by Karen Sawatzky | Mar 21, 2019 | Criminal Law, Decision of the Week
A frequent request of the library is for research on the validity of a search of a vehicle. This decision from the Alberta Court of Appeal analyses the steps the police must take to ensure compliance with sections 8, 9, 10 and 24(2) of the Charter.
[3] The appellant appears to urge that this dominant objective in the mind of the police officer, contaminated the interaction with the appellant such as to occasion within the interaction between them the following “cascading” series of Charter breaches: (a) an almost immediate and continuing arbitrary detention contrary to s 9 of the Charter, (b) an improper questioning contrary to s 10 of the Charter, (c) unreasonable searches and seizures under s 8 of the Charter in the forms of a police dog sniffing around the vehicle and a pat down search of the appellant, (d) an unlawful delay in advising the appellant the reason for detention contrary to s 10(a) of the Charter and (e) an unlawful delay of advisement of the appellant’s right to counsel on detention under s 10(b) of the Charter: adapting what this Court said in R v Ali, 2016 ABCA 261 (CanLII) at para 3, [2016] AJ No 914 (QL).
[4] The appellant goes on to say the evidence of the police seizure of hard drugs and a gun with ammunition from the vehicle should be excluded under s 24(2) of the Charter.
2019 ABCA 93
What is interesting to me is that Watson, J. references Crozier v. Cundey, a decision of 1827:
[35] For what it is worth, the real mitochondrial father of both discretionary powers and limits thereon by police may be Crozier v Cundey (1827), 6 B&C. 232[1]. There, speaking as if it had long been thus, the King’s Bench noted where police might proceed without warrant and when they might not[2]. Crozier need not be dismissed as merely a quirk of history. Tracing its influence through later cases shows it to be a foundation stone on which a significant part of police authority and its limits came to be constructed over the generations.
R. v. Zolmer, 2019 ABCA 93. H/t to “What’s hot on CanLII”.
by Allyssa McFadyen | Mar 19, 2019 | Legislation, New Bills, Proclamations
4th Session of the 41st Legislature
New Bills
Government Bills:
Private Member’s Bills:
Check the Bill Status daily to follow the legislative process.
Proclamations
The Government has proclaimed the following Act:
The Government Notices Modernization Act (Various Acts Amended) (S.M. 2018, c. 28), part 1 effective April 1, 2019.
Part 1 of this Act amends The Queen’s Printer Act to establish the deputy minister of the department that administers the Act as the Queen’s Printer and to require the Queen’s Printer to make The Manitoba Gazette, an official government publication, available to the public online at no cost.
Part 2 of this Act amends provisions in 24 statutes that relate to the government’s publication of official notices. These amendments remove references to printed “issues” of The Manitoba Gazette so that it may be published online. Several requirements to publish a notice or document in a newspaper are replaced with the requirement or option of publishing it in The Manitoba Gazette.
by Allyssa McFadyen | Mar 18, 2019 | Commentary, Journals, Wills and Estates
Volume 38 No.1 of the Estates Trusts & Pensions Journal has arrived in the library
Contents
From the Legislature
- SDA Section 3 Survival Kit: an Invisible Plane, a Golden Lasso, and a Bat Phone by Wendy Griesdorf
Article
- Resolving Grave Disputes by Jason Ward
If you are a member of the Law Society of Manitoba and would like to receive a copy of any of these articles, please contact us at library@lawsociety.mb.ca
Great LEXpectations RSS Feed