The Great Library will be open our regular hours on September 30th , the National Day for Truth and Reconciliation. Staff will be available in person as well as by phone and email.
All three levels of the Manitoba Courts are proceeding with cases as well, as mentioned in the August 31 Notice to the Profession.
The court registry office will be closed.
CanLII has recently added two new open access eBooks to their commentary database. To stay up to date with CanLII new releases or to see what is popular, be sure to visit their blog at blog.canlii.org.
CanLII has added to their growing collection of eBooks and commentary with Tort Law: Cases and Commentaries by Samuel Beswick.
“Professor Beswick’s course readings are a collection of edited decisions, legislation, and articles designed to support Tort Law courses in (common law) Canada. They are complemented by a series of multiple-choice quizzes and questions that students can complete in their own time. “
Written by a team of 124 leading litigators and legal experts, Civil Procedure and Practice in Ontario is an annotated guide to the Ontario Rules of Civil Procedure, the Courts of Justice Act, and the Limitations Act. It contains helpful commentary that contextualizes and explains the language of the legislation and regulations, along with examples of case law interpreting them.
Lawyers are now able to work in the library after hours. Protective Services will let in lawyers from 4:30 to 10:00 p.m. Monday to Friday, and 10:00 a.m. – 5:00 p.m. on weekends and holidays. Please note that there will be no staff support during those hours.
In February 2020, just before the start of the pandemic, we started a drop-in program to provide legal information and assistance to members of the public who were struggling with dealing with the courts. While the pandemic put a quick end to the drop-in idea, the need for legal information assistance didn’t dry up with it.
Since February 2021, the Law Library Hub has been operating on a virtual basis by appointment only. As of October 4, 2021, we are thrilled to announce we will be open again to in person service.
Under the supervision of a practising lawyer, law students will be available to provide assistance in the Great Library at the Winnipeg Courthouse on Monday afternoons between 1:00 p.m. to 4:00 p.m. Appointments can be booked using the form available here.
This program is run in partnership with the Law Society of Manitoba, Manitoba Department of Justice, Pro Bono Students Canada, and others, and funded by a grant from the Manitoba Law Foundation. The goal of the project remains the same: to provide information and assistance to members of the public. Representation without legal counsel is difficult and challenging, particularly when trying to follow the rules and procedures that the legal system requires, and puts extra pressure on judges and parties who are represented. Additional assistance for self-represented litigants is important in order to increase fairness and access to justice.
As part of the pilot project, data will be collected on the types of problems people are encountering and the number of people the Hub assists.
The latest articles are now available from this month’s legal journal updates. PDF copies of these articles are available by request at library@lawsociety.mb.ca.
Estates Trusts & Pensions Journal
Volume 40 Number 4, August 2021
Canadian Journal of Administrative Law and Practice
Volume 34
“While still purporting to apply the Blencoe framework, the Court of Appeal in Abrametz took a broader and more interventionist approach to delay in administrative proceedings, clearly inspired by Jordan. Indeed, the Abrametz approach would extend greater protection from delay to litigants in administrative proceedings than to those in criminal proceedings.”
Canadian Journal of Law and Jurisprudence
Volume 34
“The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights. This article challenges this picture as incomplete and unbalanced.”
Manitoba Law Journal
Volume 44 Issue 2
“This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.”
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