ICYMI: Practice Area Fundamentals

Did you know that the Law Society’s Education Centre updated and added new content to their Practice Area Fundamentals documents last September? Whether you are brushing up on current law and practice in Manitoba or new to a practice area, the Practice Area Fundamentals are a valuable free resource for our Members.

Developed with volunteer lawyers with relevant practice experience, Practice Area Fundamentals update the old Bar Admission (aka CPLED) materials in several practice areas.

Alongside the chapter on Criminal Law, the Education Centre added new chapters in:

Check out the Practice Area Fundamentals section at the Law Society of Manitoba Education Centre.

Provincial Court Notice: Resumption of sittings and special sittings

February 18, 2022 – Provincial Court of Manitoba will begin resuming all regularly scheduled sittings and special sittings effective Monday, February 28, 2022.

“The Court will resume all regularly scheduled sittings and all previously scheduled special sittings in all locations and will resume hearing all matters including trials, preliminary inquiries, dispositions and bail applications in all court centres and circuit locations, subject to specific localized closures. Judicial Justice of the Peace dockets in Thompson circuit locations will continue to be held remotely until further notice.”

“Unless counsel is already appearing on a matter requiring a personal appearance, the presumption that counsel and accused persons will appear remotely continues to apply to all other matters where nothing substantive is expected to take place.”

“The Provincial Court of Manitoba remains closed to members of the general public.”

See the full notice for more details.

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

Journals Update

New articles from these journals are now available for Law Society members upon request. For a pdf copy of these or other legal journal articles email us at library@lawsociety.mb.ca.

Provincial Judges Journal

  • Introduction: Establishing an Effective Process for Judicial Compensation
    44 Prov Judges J 16 Susan Dawes
  • Judicial Independence, Judicial Compensation and Responsible Government: Finding a more appropriate balance
    44 Prov Judges J 22 Dr. Paul G. Thomas
  • Recent Developments in Judicial Independence: Judicial compensation commissions
    44 Prov Judges J 62 Notes for Remarks of The Honourable Frank Iacobucci, C.C., Q.C.
  • It’s Not Just About Compensation: Some other thoughts on judicial independence
    44 Prov Judges J 90 Judge Mayland McKimm

McGill Journal of Law and Health (also available on CanLII.org)

  • A Reflection on the Duty to Warn after Létourneau v JTI-MacDonald: A Future for Obesity Litigation in Canada?
    14 McGill J. L. & Health 89 Jacob J Shelley
  • Book Note: Deveault, Audrey & Michaël Lessard, dir, Mourir au 21 Siècle: Entre Corporalités et Technologies, Montréal, Québec, Éditions Yvon Blais, 2020
    15 McGill J. L. & Health 1 Jean-Frédéric Ménard
  • Homologation du Mandat de Protection en cas D’Inaptitude Partielle du Mandant: 10 ans Après LP c FH, où en Sommes-Nous Rendus?
    15 McGill J. L. & Health 5 Anne-Isabelle Cloutier

Canadian Journal of Law and Technology

  • Reframing Technology-Facilitated Gender-Based Violence at the Intersections of Law & Society
    19 Can. J. L. & Tech. 209 Jane Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
  • Onlife Harms: Uber and Sexual Violence
    19 Can. J. L. & Tech. 277 Amanda Turnbull
  •  “I Bet You Don’t Get What We Get”: An Intersectional Analysis of Technology-Facilitated Violence Experienced by Racialized Women Anti-Violence Online Activists in Canada
    19 Can. J. L. & Tech. 217 Nasreen Rajani
  • Responding to Deficiencies in the Architecture of Privacy: Co-Regulation as the Path Forward for Data Protection on Social Networking Sites
    19 Can. J. L. & Tech. 411 Laurent Crépeau
  • Dignity, Intersectional Gendered Harm, and a Flexible Approach: Analysis of the Right to One’s Image in Quebec
    19 Can. J. L. & Tech. 307 Yuan Stevens
  • Mike Zajko, Telecom Tension: Internet Service Providers and Public Policy in Canada
    19 Can. J. L. & Tech. 505 Matt Malone
  • On the Internet, Nobody Knows You Are a Dog: Contested Authorship of Digital Evidence in Cases of Gender-Based Violence
    19 Can. J. L. & Tech. 371 Suzie Dunn, Moira Aikenhead
  • Bringing Section 8 Home: An Argument for Recognizing a Reasonable Expectation of Privacy in Metadata Collected from Smart Home Devices
    19 Can. J. L. & Tech. 457 Ana Qarri
  • Intimate Images and Authors’ Rights: Non-Consensual Disclosure and the Copyright Disconnect
    19 Can. J. L. & Tech. 333 Meghan Sali
  • “Don’t Take on the Responsibilty of Somebody Else’s Fu**ed up Behavior”: Responding to Online Abuse in the Context of Barriers to Support
    19 Can. J. L. & Tech. 249 Chandell Gosse
  • Artificial Intelligence in Canadian Healthcare: Will the Law Protect Us from Algorithmic Bias Resulting in Discrimination?
    19 Can. J. L. & Tech. 475 Bradley Henderson, Colleen M. Flood, Teresa Scassa

Manitoba Law Journal (also available on CanLII.org)

Vol 44, no 5

  • Decades in Crisis: A Critical Analysis of the Underuse of Sections 81 and 84 of the Corrections and Conditional Release Act and Its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration
    44 Man. L.J. 96 Madison Parker
  • A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence
    44 Man. L.J. 149 Bryton M.P. Moen
  • Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward
    44 Man. L.J. 29 Hardie Rath-Wilson
  • Making an ‘ASH’ Out of Gladue: The Bowden Experiment
    44 Man. L.J. 1 Jane Dickson
  • Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions
    44 Man. L.J. 124 Stacey M. Purser
  • The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the Systemic Failings of the Ontario Corrections Regime
    44 Man. L.J. 60 Nicole Kelly

Blog Round-up January/February 2022

A round-up of blog posts from the Manitoba legal community from January and February 2022.

Brodsky Amy & Gould
Clarke Immigration Law
MLT Aikins
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Taylor McCaffrey Lawyers

Turf Wars – The Supreme Court in the Horrocks Decision Provides Much Needed Guidance when Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in a Unionized Workplace February 1, 2022

TDS Law

Legal Reform as a Catalyst for Social Enterprise: An International Social Enterprise Law & Policy Report January 26, 2022

Together – a collaborative family law blog

Am I legally separated? It depends on what you mean by that January 6, 2022

Great Library Reopening!

In accordance with the lifting of provincial Public Health measures, the library will be reopening to our members as of Wednesday, February 16, 2022.

Our hours are Monday to Friday from 8:30 a.m. to 4:30 p.m. The doors will be open and no you will no longer need to call for access. 

Attendees will be asked to check in at the front desk to provide their name and contact information for contact tracing.

Anyone using the library will still be required to wear masks when in shared workspaces. We’re looking forward to welcoming more of you back soon.

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.