WestlawNext Canada now available in the Library

Starting this week, members who come to the Great Library are able to use WestlawNext Canada from any of the desktop computers. We have purchased a subscription to LawSource, CriminalSource, Estates and TrustsSource and FamilySource, as well as parts of Litigator.

If this is a new-to-you product, we are able to get you set up to take advantage of all the resources available in Westlaw. We will also bring in dedicated trainers from time to time for more intensive training.

By providing both on-site and off-site electronic resources, we can provide the most efficient and effective legal research opportunities for all members. Be sure to take advantage of them either through your own efforts, or by asking us for help.

Manitoba Legislative Update

2nd Session, 42nd Legislature

New Bills

Government Bills

Bill 2 The Retail Business Hours Of Operation Act – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters.

Bill 3 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends The Liquor, Gaming and Cannabis Control Act to make it a term of the agreement that the operator of a cannabis store must pay to the government a social responsibility fee. The fee is 6% of the operator’s annual cannabis sales revenue or the amount set by regulation.

Bill 4 The Manitoba Hydro Amendment Act – This Bill amends The Manitoba Hydro Act to increase the borrowing authority granted to Manitoba Hydro. Currently, Manitoba Hydro may borrow up to $500 million for temporary purposes. This amendment authorizes borrowing up to $1.5 billion for those purposes.

Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends the Act to prohibit cannabis consumption in public places, unless the consumption is permitted by regulation or under The Smoking and Vapour Products Control Act.

Bill 6 The Planning Amendment Act – This Bill amends The Planning Act to provide that the council of the City of Brandon is the approving authority for the subdivision of land in Brandon.

Bill 7 The Employment Standards Code Amendment Act (Leave for Victims of Interpersonal Violence) – Currently, an employee who is a victim of domestic violence may take a leave from work under The Employment Standards Code. This Bill expands leave eligibility to an employee who is a victim of sexual violence or stalking.

Private Bills

Bill 200 The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act – This Bill amends these Acts to change the definition “recognized opposition party” and the definition “other opposition party” to include political parties that are represented in the Assembly by two or more members, provided that the party’s candidates received at least 10% of the votes cast in the last general election. Such a party and its members are not immediately entitled to any additional funding, salaries or allowances.

Bill 201 The Vital Statistics Amendment Act – This Bill amends The Vital Statistics Act to provide that the birth certificate and other official documents of a person who has changed their sex designation may contain no sex designation or may use an “X”.

Proclamations

SM 2019, c. 16 The Courts Modernization Act – “With the advice and consent of the Executive Council of Manitoba, we name January 1, 2020, as the day on which sections 7, 8, 12, 16, 17, 20 to 23 and 25 of The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) come into force.”

Manitoba Law Blogs Roundup

A monthly round-up of blog posts from the Manitoba legal community for the months of October and November

Clarke Immigration law
Lawyer Fees Online October 1, 2019
 

Robson Crim Legal Blog
Indeterminate Sentencing: Rehabilitation or Damnation? October 9, 2019 A. Homenko
False Witness Testimony Through the Lens of the Milgaard Story October 16, 2019, A. Homenko
The Criminal Justice System and Mental Health October 22, 2019, H. Allardyce
The Mandatory Minimum Fairy Tale October 23, 2019, A. Homenko
Criminal Charges and the Intersection of Immigration October 25, 2019, S Thiessen
Jury Representation: A wider view than the possible issue within peremptory challenges October 28, 2019, M Lawrence
Prostitution and Feminism: The Varying Perspectives on Laws Forbidding Sex Work October 29, 2019, H. Allardyce
Presumption of Innocence Diminished to Rhetoric October 30, 2019, A. Homenko
A Tailored Response to Criticisms of Courts Striking Down Mandatory Minimum Sentencing Provisions November 5, 2019, R Ziegler
A Comment on the Fleming 2019 Case November 6, 2019, B Roberts
Solitary Confinement for Incarcerated Youth: Further Exacerbating the Problem November 7, 2019, S Thiessen
High and Dry: Practical Issues with the Cannabis Act, Bill C-46, and Bingley November 12, 2019, R Ziegler
An Application for Ministerial Review: Brian Anderson’s Battle for Exoneration November 14, 2019, M Lawrence
The Significance of Mismatched Semantics Between Crown and Police First Party Disclosure Obligations from in R v Gubbins November 19, 2019 R Ziegler
 

Matthew Gould Blog
Consequences of Assault Offences in Canada October 10, 2019
What Are Your Rights For Enforcing Against A Landlord? November 7, 2019

MLT Aikins
5-year Travel Bans: An Increasing Concern for Canadians Travelling to the U.S. for Work or Pleasure
Travelling to the U.S. for Work? Avoid Delays and Refusals at the Border by Being Prepared
Normal Anxiety or Mental Illness? A Guide for Employers
Cascading Derivative Assessments and Preconditions to Liability under sections 160 and 227.1 of the Income Tax Act: Colitto v. Her Majesty the Queen, 2019 TCC 88
Can Private Property Owners Ban Drone Overflights?
Data Breach Reports Skyrocket in First Year of Mandatory Breach Reporting
Keeping the Faith — Five Years After Bhasin v Hrynew
 

TDSlaw
Trademark Security Interests in Canada November 18, 2019
Broader Protection for IP Licensees In Insolvency Proceedings Comes Into Effect On November 1, 2019 November 04, 2019
The California Consumer Privacy Act and Its Impact on Canadian Businesses October 29, 2019
Navigating Canadian Cannabis Promotion Restrictions – The Swag Exception October 24, 2019

Decision of the Week – S. 2(b) Charter Challenge

This decision by Lanchbery, J. concerns the right of Manitoba Public Insurance to cancel a personalized licence plate (PLP) after allowing the respondent to display it for almost two years. The slogan on the licence plate was based on characters from Star Trek.

[88]      The question before me, is the limit of s. 2(b) rights on PLPs for the purpose to “eliminate the inappropriate/possibly offensive slogans”, reasonable.

Troller v. Manitoba Public Insurance Corporation, 2019 MBQB 157

The parties agreed that the decision to revoke the PLP is a discretionary administrative act of the Registrar (para. 81). Lanchbery, J. found that Charter protections are engaged, but further analysis showed that the actions of MPIC were reasonable.

One interesting fact that came out of this was that MPIC uses the Urban Dictionary as one of its sources to determine whether a potential PLP is offensive.

Legislative update – Speech from the Throne

The second session of the 42nd Legislature has begun, with the Speech from the Throne.

The Manitoba government set out its key priorities to move Manitoba forward with guaranteed tax relief, job growth, health-care investments, education reform, and climate action in the speech from the throne, Premier Brian Pallister announced today.  Delivered by the Chief Justice Richard J.F. Chartier at the opening of the second session of the 42nd legislature, the speech from the throne is an ambitious agenda with over 100 initiatives and at least 20 new bills planned for introduction.

Full details are in this news release.

Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event.  Regular library service will resume Monday, December 16th at 8:30AM.