New Notices: QB Rule 76 Amendment. PC Suspension of Hearings

December 22, 2021 – Amendments to the Court of Queen’s Bench Rules

“On November 12, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 76 Small Claims. The Rule 76 Amendments are required to align with amendments to the Court of Queen’s Bench Small Claims Practices Act coming into force on January 1, 2022.

The Rule 76 amendments address appeals of a decision of a court officer, with a new requirement for an Application for Leave to Appeal and Notice of Appeal to be accompanied by a copy of the transcript of proceedings before the court officer or proof that a transcript of the proceedings has been ordered.

The full text of the amendments, Manitoba Regulation 151/2021, can be located at: https://web2.gov.mb.ca/laws/regs/annual/2021/151.pdf.”

See here for all Queen’s Bench Notices and Practice Directions.


Notice – Suspension and Restrictions of Hearings (December 23, 2021)

” Effective immediately in all centres, all adult and youth in custody bail and disposition courts will continue to sit and all bails and dispositions will presumptively be done virtually, either by video or telephone until further notice. Bail Triage will proceed virtually.”

“Effective January 4, 2022, in the major court centres of Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas and Thompson, the Provincial Court of Manitoba will hear all in custody and out of custody trials, continuations, special sittings and preliminary hearings in person.”

For more information including Gun Prohibition Court, Legal Aid Administrative Court, Private Prosecution Court, Circuit Locations, Child Protection and Family Matters, and others, see the full notice.

Visit the Manitoba Courts website for all COVID related notices.

Notice -All Court of Appeal hearings to be conducted remotely

Notice All Hearings of the Court of Appeal will be conducted remotely starting January 4, 2022 until further notice (December 20, 2021). This notice replaces the previously issued notice dated August 10, 2021.

As a result of the modelling for the COVID-19 Omicron variant, starting on Tuesday, January 4, 2022:

  1. All appeals will be heard remotely by videoconference; and
  2. All motions or applications will be heard remotely by teleconference.”

For in-custody criminal appeal, motion or application hearings, special procedures are required in order to ensure that the accused can participate in the hearing.

See the full notice for information on how to access a videoconference appeal hearing, and how to access a teleconference motion or application hearing.

All Court of Appeal COVID related notices are available on the Manitoba Courts website.

New Print Books from Emond

New print copies of Emond’s Criminal law series are now available. A reminder that all our reserve books are available for members to borow for two days, or two weeks for items from the regular collection.

Online access is also available for Digital Evidence, Search and Seizure, and Prosecuting and Defending Fraud Cases, as well as the rest of the Criminal Law Series in the Library Resources section of the member portal.

Digital Evidence — 2nd ed. – “This is the first comprehensive text on this facet of law. It is designed to clarify the nuances of the authentication and admissibility of digital evidence, privacy rights, the uses and limits of social media evidence, and the search and seizure of electronic devices. This text also explores the ways in which law enforcement can access digital data in the hands of third parties, including the various powers created by Bill C-13 (S.C. 2014, c. 31 Protecting Canadians from Online Crime Act).”

Search and Seizure – “Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.”

Modern Criminal Evidence – “the first major treatise to provide a truly practical and comprehensive guide to criminal evidence law in Canada. Unlike other texts in this area, this book’s practical approach guides readers through evidentiary issues in all components of criminal law, providing indispensable insight from Crown, defence, and judicial perspectives.”

Prosecuting and Defending Fraud Cases, 2nd ed. – “prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code. This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada.”

Journals Update

The latest issues of these journals are out and available for members. PDF copies of these articles are available upon request following copyright fair use guidelines. Contact us at library@lawsociety.mb.ca for more information.

Estates Trusts & Pensions Journal

From the Law Reports
  • Identity and Cy-prés: Galloway Estate v. B.C. SPCA – A comment
    Donavan Waters
  • Calmusky v. Calmusky: A Novel Application of the Presumption of Resulting Trust or an Outlier?
    Lisa Filgiano
  • No Accounting Ordered for Inter Vivos Gifts by Competent Testator: Duhn Estate
    Nora Christianson Fien
  • Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment
    Jane Thomson
  • Sherman Estate v. Donovan: When is Privacy a Publicly Protectable Interest?
    David Young
  • Postscript from Québec
    Marilyn Piccini Roy
From the Legislature
  • Acknowledging Acknowledgments: Another Option?
    Ian Lebane
Articles
  • Exploring the Limits of an Attorney for Property’s Authority Under the Substitute Decisions Act, 1992
    Melanie Yach

Canadian Family Law Quarterly

  • Tax Efficient Solutions to Division of Corporate Property: Can The Court Order A Corporate Reorganization?
    40 C.F.L.Q. 49 Scott Booth
  • Ontario’s Family Law Limited Scope Services Project: Rhetoric and Realities of the Family Bar Addressing Access to Justice Challenges
    40 C.F.L.Q. 1 Rachel Birnbaum; Nicholas Bala
  • Focused Hearings
    40 C.F.L.Q. 87 Justice Stanley Sherr
  • Retroactive Support After Colucci
    40 C.F.L.Q. 61 Rollie Thompson

National Journal of Constitutional Law

  • A Question of Law: (Formal) Declarations of Invalidity and the Doctrine of Stare Decisis
    42 Nat’l J. Const. L. 1 Alexandre Marcotte
  • The Effect of Declarations of Unconstitutionality in Canada
    42 Nat’l J. Const. L. 25 Paul Daly, Jeremy Opolsky, Jake Babad, Julie Lowenstein
  • La Temporalité des Jugements D’Inconstitutionnalité des Lois au Canada: Ce que L’on Dit Être Leur Rétroactivité
    42 Nat’l J. Const. L. 63 Danielle Pinard

McGill Law Journal

  • Domestic Contracts and Family Law Exceptionalism: An Historical Perspective
    66 McGill L.J. 303 Luke Taylor
  • Religious Challenges to Anti-Discrimination Law: The Mobilization of the “Minority Label” 
    66 McGill L.J. 377 Léa Brière-Godbout, Marie-Andrée Plante
  • Creative and Responsive Advocacy for Reconciliation: The Application of Gladue Principles in Administrative Lawl
    66 McGill L.J. 337 Andrew Flavelle Martin
  • L’indépendance du Québec et le Choix Autochtone de la Continuité Canadienne
    66 McGill L.J. 253 Ghislain Otis, Aurélie Laurent

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.

The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.