Manitoba Legal Blog Round-Up July and August

Take a look at these recent blogs and articles collected from the Manitoba legal community during the months of July and August 2021.

Clarke Immigration Law

• Justice Avvy Go August 9, 2021
• Winnipeg – Smart City July 18, 2021

Matthew Gould Blog (Criminal Law)

• What Are The Responsibilities Of A Criminal Lawyer? July 30, 2021
• What Happens If You Fail To Stop Or Remain At The Scene Of An Accident? June 26, 2021

MLT Aikins

• MB Caution (Yellow): Province Announces New Public Health Measures Aug 27
• Mandatory COVID-19 Vaccination for Many Manitoba Front-Line Employees Aug 27
• Challenges Facing Renewable Energy Developers in Canada Aug 26
• Mitigate Your Cyber Risk with New Guidance from OSFI Aug 25
• FCA Ruling Brings Trademark Law into 21st Century Aug 24
• Supreme Court of Canada Upholds Priority of Priming Charges in CCAA Proceedings Aug 17
• Copyright Tariffs Are Not Mandatory, Says Supreme Court of Canada Aug 16
  “Copyright users will welcome this decision while copyright collectives may find that it complicates copyright enforcement. Since board-approved tariffs are not mandatory for non-licensees, copyright collectives might need to rethink their strategy. Going forward, copyright collectives may require creators to assign or provide exclusive licenses to their works or, it may lead to creators dealing with users and pursuing infringement directly. The SCC’s decision also offered guidance on how courts could analyze fair dealing in the context of educational institutions.”
• Changes to Bereavement Leave for Federally Regulated Employers Aug 16
• Canada to Require COVID-19 Vaccinations for Federal Workers Aug 13
• MB Caution (Yellow): Public Health Restrictions Eased, in Effect Aug 7 Aug 4
• Manitoba’s Four-Step Reopening Plan for Summer 2021 Aug 3
• New Regulations Will Permit MB Real Estate Registrants to Incorporate July 26
• Healthy Hire MB Program: Applications Open, Eligibility Expanded July 30
  “On June 24, 2021, the Province of Manitoba announced the Healthy Hire Manitoba Program (the “Program”), a new wage subsidy program that will reimburse local employers outside of the public sector who hire or rehire vaccinated employees.”
• New Federal Minimum Wage Rate for Federally Regulated Private Sector July 22
• CRA Introduces New Trust Reporting Rules July 21
• Supreme Court Provides Guidance on First Nation Flooding Compensation July 20
• Canadian Tax Acts Across the Nation Adapt to Online Transactions July 6
  “The extension of Manitoba’s sales tax proposes to be in force as of December 1, 2021, making it the last province to target online sellers with provincial sales taxes. The proposed changes suggest that Manitoba believes it will collect over $8 million per year by extending provincial sales taxes to streaming services, online marketplaces and online accommodation platforms.”
• Remaining Onside in Your Advertising: Obligations for MB Pharmacists July 5

Pitblado Law Blog

• Todd Andres Podcast: The Right Way to Fire Someone July 21
• The Right to Disconnect July 21 “The Canadian Government has noticed the lines have been blurred between being “at work” and “not at work”. Consequently, it has established the Right to Disconnect Advisory Committee, which began in October 2020 to hold a series of meetings with stakeholders, including the Canadian public, in order to obtain further information surrounding the right to disconnect and consider the logistics of such legislation.”

Robson Crim Legal Blog

• “Societal Notions” and the Babos Test – Aiyana McKenzie Aug 27
• The Ordinary Sober Person in Provocation – Aiyana McKenzie Aug 27
• Necessity and Aiding a Murder Under Duress – Ty Schmidt Aug 27
• Rebuttable Presumption of Vehicle Care and Control Justified – Tony Dempsey
• Sentencing for the Protection of Indigenous Women and Girls – Tom Swanson
• Caution Required As Curative Proviso Restores Convictions – D. Grohl  
• The Evidentiary Burden of a Crime of Passion – Jenna Symons
• Denigrating Advice of Counsel – Keenan Fonseca
• He Said She Said – Abhishek Makam
• Tattoos – The Final Frontier of Dress Codes? by John Burchill
• Sexual Interference Case has Broad Impact on Justice System – Elize Janzen
• Silent Video Evidence Insufficient for Murder – Samantha Harvey
• “Reasonable” speeding – Justin Vermette
• The Daviault Defence – Nikolai von Schilling
• Mental Health Discrimination and Public Security – Samantha Harvey
• Wilful Blindness – Bob Smith
• the Entrapment Doctrine – Chashan Brar
• Quieting the Right to Silence – Justin Paulic
• The Overcriminalization of COVID-19 – Sarah Sharp “COVID-19 poses a serious risk of being misunderstood in the way HIV was when it was first discovered. Information on COVID-19 changes almost daily and new information is constantly being uncovered. As of right now, there are a ton of unknowns about the virus, which means that the justice system risks over-criminalizing COVID-19 due to a lack of knowledge of the realistic risks involved. The justice system should be careful to consider what medical evidence is available, and also be flexible to acknowledge and apply any new scientific discoveries about COVID-19.”
• Mental Health and Public Security – Samantha Harvey
• The Presumption of “Care or Control” – Rhiannon Swan
• Abstract Populism of the Reasonable Person – Anonymous
• Assessing Timeliness Should Include Deliberation- Megan Filyk
• Inconsistent Instructions, Unreasonable Verdicts – Masuma Fatima
• the Curative Proviso Under s. 686(1)(b)(iv) of the Criminal Code – Cody Dangerfield
• Do Polygraphist’s Have Fangs? (or taking a bite out of the polygraph) – by J Burchill
• Winnipeg Stabbings Part 1 (Memory and Provocation),  Part 2 (Guilt and Psychosis) – Ashley Bains

Taylor McCaffrey

• The Best Lawyers in Canada 2022 Aug 26
• Time to Cast Your Vote – What Employers Need to Know about their Federal Election Obligations Aug 20
• Developing your Communicable Disease Prevention Plan Aug 3
• Manitoba Court of Appeal confirms no duty for an Employer to Investigate Misconduct prior to Dismissal July 30 “The Manitoba Court of Appeal’s recent decision in McCallum v Saputo, 2021 MBCA 62, provided a much needed confirmation of the status of the law in Manitoba with respect to an employer’s obligations to an employee when dismissing for cause.”
• Ken Dolinsky is interviewed by CBC News on Manitoba’s Healthy Hire Program. July 6

TDS law

• Intergenerational Business Transfer Bill C-208 July 21, 2021
• Lex Mundi 2021 Global Mergers & Acquisitions Trends Report July 16, 2021
• The Basics Of Intellectual Property Ownership For Business Owners July 15, 2021
• Maintaining Your Manitoba Corporation July 8, 2021

Together a collaborative family law blog

• What Happens To My Child’s RESP if I Die? A Cautionary Tale July 21