by Karen Sawatzky | Dec 12, 2019 | Bill Status, Legislation, New Bills, Proclamations
2nd Session, 42nd Legislature
New Bills: Government Bills
Bill 13: The Crown Land Dispositions Act (Various Acts Amended) – establishes uniform rules respecting authorizations required to sell or lease Crown lands.
Bill 15: The Liquor, Gaming and Cannabis Control Amendment and Manitoba Liquor and Lotteries Corporation Amendment Act – allows holders of a specific type of liquor service licence to sell beer, cider, wine and coolers to customers who order food for delivery or takeout.
Bill 18: The Summary Budgeting Act (Various Acts Amended and Public Sector Executive Compensation Act Enacted) – amendments to various acts to improve the development and implementation of the government’s summary budget.
Bill 20: The Drivers and Vehicles Amendment Act – allows the Registrar of Motor Vehicles to impose an administrative penalty on a driver training school or driving instructor.
Private Bills
Bill 204: The Public Schools Amendment Act (Teaching Experience of Principals) – adds requirement that a principal must have a minimum of two years of teaching experience, unless at a school with fewer than three teachers.
Bill 205: The Restricting Mandatory Overtime for Nurses Act (Various Acts Amended) – amends The Employment Standards Code to establish a separate overtime regime for nurses by January 1, 2022.
Bill 206: The Louis Riel Act – bestows the honorary title of “First Premier of Manitoba” on Louis Riel.
Bill 207: The Election Financing Amendment and the Elections Amendment Act – any changes to these two acts must be approved by at lease two-thirds of the legislature.
Proclamations
S.M. 2019, c. 12: The Liquor, Gaming and Cannabis Control Amendment Act (Cannabis Possession Restrictions) (whole Act) – comes into force January 1, 2020.
Check the Bill Status to follow the legislative process.
by George Roy | Dec 6, 2019 | Book Display, Criminal Law, Impaired Driving, Legislation
New impaired driving legislation is coming into effect on December 16, 2019 that adds stricter penalties for impaired driving, including immediate roadside prohibition.
These new rules are summarized here.
To help understand these changes, we have displayed relevant print and online resources.
For print items in the library see:
- Impaired driving in Canada (4th edition) by Joseph F. Kenkel
- Defending drinking and driving cases by Alan D. Gold
- A guide to breathalyzer certificates in Canada by Alan Pearse
- Impaired driving in Canada, 2012-2013 ed. By Joseph F. Kenkel
- Impaired driving in Canada by Joseph F. Kenkel
- Impaired driving and breathalyzer law : recent case law prepared by Keith R. Hamilton
- Breathalyzer law in Canada : the prosecution and defence of drinking and driving offences (4th edition)
- Journal of motor vehicle law
In our online collection we have:
From the Emond collection available behind the member’s portal,
Impaired driving and other criminal code driving offences: A practitioner’s handbook by Karen Jokinen , Peter Keen
And from the Irwin Law collection on desLibris:
Drug-Impaired Driving in Canada by Nathan Baker
As well as eNewsletters such as
Impaired Driving NetLetter(TM) by the Hon. Justice Joseph F. Kenkel
by Karen Sawatzky | Dec 5, 2019 | Caselaw, Criminal Law, Decision of the Week, Sentencing
We get many requests for decisions on sentencing, particularly where parties are aware of a particular sentence, however, often the decision is not reported. Last month the Provincial Court of Manitoba published several sentencing decisions, some of which are highlighted here.
R. v. Alcantara, 2019 MBPC 67 challenged the constitutionality of the mandatory minimum sentence for the offence of luring.
[1] …. Counsel agree that the Court should first determine the fit and appropriate range of sentence, given this offender’s personal circumstances and need not examine the constitutional issue if the Court determines that the fit and appropriate sentence is within the range set out by the mandatory minimum. On the other hand, if the Court determines that a one year sentence is grossly disproportionate for Mr. Alcantara, the constitutionality of the sentencing provision is engaged, and the Court must determine if one year in jail amounts to cruel and unusual punishment for Mr. Alcantara.R. v. Alcantara (Rolston, P.J.)
R. v. Little, 2019 MPBC 60 concerns the appropriateness of a joint sentencing submission. Along with a pre-sentence report, the Court ordered a supplementary Gladue-style appendix for further consideration of the offender’s circumstances.
[45] … I am therefore, given his youth, his vulnerability and his Gladue and s. 718.2(e) factors (which apply to all offenders), of the view that the jointly proposed sentence should not be confirmed, that something less will be adequate and purposeful in the offender’s unique and most unfortunate circumstances. …R. v. Little (Corrin, P.J.)
R. v. Goodman, 2019 MBPC 77 describes the difficulty of arriving at an appropriate sentence when the offender, with a diagnosis of Fetal Alcohol Spectrum Disorder commits a serious offence.
[1] Sentencing is often described as more of an art than a science. This is because although the Criminal Code sets out sentencing principles, the Court must still balance them in light of the circumstances of the offence and the offender. R. v. Goodman (L.M. Martin, P.J.)
All of these decisions offer significant analysis in their reasons and guidance for future sentences. The library also has other resources available for finding sentencing decisions, in print and e-book format. Please don’t hesitate to contact us for help crafting your submissions on sentencing.
by George Roy | Dec 4, 2019 | Bill Status, Legislation, New Bills
2nd Session, 42nd Legislature
New Bills
GOVERNMENT BILLS
Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with a number of changes made in response to recommendations from the Manitoba Pension Commission. These changes include how pension plan members contribute, determine benefits, withdraw funds, and other important changes.
Bill 9 The Public Services Sustainability Amendment Act – amends The Public Services Sustainability Act by setting the start and duration of a sustainability period by regulation, limiting increases in pay during a sustainability period, giving the minister power to approve modest increases in pay, detailing compensation changes, and other clarifications.
Bill 10 The Regional Health Authorities Amendment Act (Health System Governance and Accountability) – amends the Act to consolidate administrative services related to health care and to centralize the delivery of certain health services across Manitoba. The Act is renamed The Health System Governance and Accountability Act.
Bill 11 The Minor Amendments and Corrections Act, 2019 – corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts.
Bill 12 The Workplace Safety and Health Amendment Act – makes the following amendments to The Workplace Safety and Health Act: a discriminatory action is now referred to as a reprisal; the position of the chief prevention officer is eliminated; a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal; an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months; and maximum fines for offences under the Act are increased.
Bill 14 The Public Sector Construction Projects (Tendering) Act – concerns tenders issued by government and other public sector bodies in relation to construction projects. It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project. Related amendments are included.
Bill 16 The Labour Relations Amendment Act – amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector. The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed. The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.
Bill 17 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal) – amends The Manitoba Public Insurance Corporation Act to establish the claim dispute tribunal. The tribunal is an independent body that has exclusive jurisdiction to resolve a dispute between an insured person and MPIC concerning vehicle repairs or the amount payable when a vehicle is damaged. In addition, the tribunal may resolve a dispute about MPIC’s determination of liability for an accident or a decision to deny coverage, unless the insured person elects to have those matters determined by the court instead.
Bill 19 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba. The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers’ council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.
Bill 21 The Workers Compensation Amendment Act – amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board (“WCB”) and to respond to the 2016-2017 recommendations of the Legislative Review Committee. It includes significant changes to governance, coverage and assessment, compensation, administration, and enforcement.
PRIVATE BILLS
Bill 203 The Climate and Green Plan Amendment Act (Improved Climate Change Targets and Enhanced Ministerial Accountability) – This Bill amends The Climate and Green Plan Act to change how reduction targets for greenhouse gas emissions are established and reported and to reduce ministers’ salaries until the targets are achieved.
Bill Status
SECOND READING
Bill 7 – The Employment Standards Code Amendment Act – Dec. 2, 2019
Check the Bill Status to follow the legislative process.
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