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.
Estates Trusts & Pensions Journal, Vol. 41
From the law reports
Roger Lee. Case Comment: Pirani v. Pirani.
from the legislatures
Samantha Nault. Finding the Middle Ground: What Substantial Compliance Means for Ontario.
Aubrie Girou & Catherine Bunio. B.C. Bill-21 and Electronic Wills: Progressive or Problematic?
Christopher J. Marr. New Brunswick’s Enduring Powers of Attorney Act: One Year Later.
articles
Carol Liu. Looking Beyond the Crystal Ball: How Crypto-Wills and Digital Assets Can Change Wills and Estate Planning.
Joel Nitikman. Can a Charity Charge for Filet Mignon?
Ken Vimalesan. Occupational Rent.
Canadian Criminal Law Review, Vol. 26
Yves-Marie Morisette. A Personal Perspective on Judgment Writing.
Maxime Bérubé, Sophie Allard, Vincent Denault. Ensuring the Probative Value of Web Searches as Digital Evidence.
Hugues Parent. La Constitutionnalité de L’Article 33.1 du Code Criminel: Analyse et Commentaires.
Criminal Law Quarterly, Vol. 70
Kent W. Roach. Sexual Assault Law.
Hamish Stewart. The Fault Element of Sexual Assault.
Nick Kaschuk. Intoxication, Sexual Assault, and Consent.
Michael Plaxton. Sexual Assault’s Strangely Intractable Fault Problem.
Noor Sohail. The Probative Value of Sexual History Evidence and the 2019 Trilogy.
Samuel Mazzuca. Regulating the Admissibility & Use of Sexual Inactivity Evidence in Criminal Cases.
Isabel Grant and Janine Benedet. The Meaning of Capacity and Consent in Sexual Assault: R. v. G.F.
Canadian Journal of Administrative Law & Practice, Vol. 35
Christine Hickey. Reasons First: Post-Vavilov Considerations for Tribunal Participation on Judicial Review or Appeal.
John Mark Keyes. Judicial Review of Delegated Legislation–The Road Beyond Vavilov.
Derek McKee. Review of: Joseph Heath, the Machinery of Government: Public Administration and the Liberal State.
Ron Ellis. An Administrative Justice Fix: A Model Act.
Michelle A. Alton. The Evolution of Impartiality and the Need for Cultural Competency when Assessing Credibility.
Prof. Paul Daly. Vavilov on the Road.
Canadian Journal of Law and Jurisprudence, Vol. 35
Omar Farahat. Time and Moral Choice in Islamic Jurisprudence.
Yifat Naftali Ben Zion. Moving Along the Continuum of Loyalty from a Standard Towards Rules.
Clovis Kemmerich. The Interpretation of Court Opinions.
Joshua Neoh. Law, Freedom, and Slavery.
Jeffrey Brand. Character and Repeat-Offender Sentencing.
Andre Santos Campos. The Political Conception of Human Rights and Its Rule(s) of Recognition.
Ya Lan Chang. Communitarianism, Properly Understood.
John Adenitire. The Rule of Law for All Sentient Animals.
Chris Bousquet. Words That Harm: Defending the Dignity Approach to Hate Speech Regulation.
Erick J. Sam. From Each According to Their Ability?
Education and Law Journal, Vol. 3
Shaheen Shariff, Kaelyn Macaulay, Farah Roxanne Stonebanks. What Is the Cost of Free Speech for Entertainment? A Missed Opportunity by the Supreme Court of Canada to Reduce Offensive Speech and Protect Marginalized Youth.
Rebecca Meharchand. “Unfair Dealing”: Mandatory Tariffs under Section 68.2(1) of the Copyright Act Rejected by the Supreme Court of Canada.
Baruch Wise. Vaccines Mandates and Legal Immunity for Ontario’s School Boards.
Ryan Ramdin. “Re-Framing” Student Choice in Ontario College and University Fees.
Aleks Ivovic. Disability Accommodations in University Admissions: A Step Forward for People with Disabilities or for University Autonomy?
Kenneth Wm. Thornicroft. Storming the Ivory Tower–Student Challenges to University Academic Decisions.
Indigenous Law Journal, Vol. 18
Danielle Lussier. Meek – A Legal Love Letter to My Children: If These Beads Could Talk.
Maya Chacaby. Bone Court Trial Transcripts.
University of Toronto Law Journal, Vol. 72
Robert Leckey, Eric Mendelsohn. The Notwithstanding Clause: Legislatures, Courts, and the Electorate.
Peter Jaffey. Remedial Consistency in Private Law.
Ezra Rosser. Hanoch Dagan, A Liberal Theory of Property (Cambridge, UK: Cambridge University Press, 2021).
David Lie, Lisa M Austin, Peter Yi Ping Sun, Wenjun Qiu. Automating Accountability? Privacy Policies, Data Transparency, and the Third Party Problem.
Windsor Yearbook of Access to Justice, Vol. 37
Katie Sykes, Rebecca Dickson, Sarah Ewart, Candice Foulkes, Marina Landry. Civil Revolution: User Experiences with British Columbia’s Online Court.
Hassan M. Ahmad. Judicializing Foreign Affairs: The Canada-Saudi Arms Deal and the Implications of Transnational Tort Litigation.
Dalia Gesualdi-Fecteau, Maxine Visotzky-Charlebois. L’Accès à L’Accompagnement et à la Représentation par les Personnes Accidentées ou Malades du Travail: Une Analyse Sous le Prisme des Coûts de la Justice.
Carol Dauda, Danielle McNabb. Getting to Proportionality: The Trouble with Sentencing for Possession of Child Pornography in Ontario.
Donald J. Netolitzky, Richard Warman. As the Water Grinds the Stone: Comparison of Represented and Self-Represented Appellant Populations in the Federal Court of Appeal.
The Province has announced that the 2022 provincial budget will be delivered on Tuesday, April 12, 2022. The budget will focus on strengthening healthcare, cost of living, community investment, and the environment. Over 51 000 Manitobans were surveyed as part of the Government’s budget consultation process. Read more here.
Introduced
Government Bills
Bill 29The Mennonite College Federation Amendment Act – This Bill amends The Mennonite College Federation Act to reflect the evolution of the Mennonite College Federation into the Canadian Mennonite University.
Bill 30The Police Services Amendment and Law Enforcement Review Amendment Act – The Law Enforcement Review Act is amended by this Bill to extend the time for filing complaints under that Act from 30 days to 180 days. The Bill also establishes The Manitoba Criminal Intelligence Centre (“MCIC”). The Director of Policing may establish standards respecting police service operations, facilities and equipment.
Bill 32The Victims’ Bill of Rights Amendment Act – This Bill amends The Victims’ Bill of Rights to enable the director to pay compensation to the family members of a victim despite the victim’s conviction for certain offences. Currently, family members are ineligible if the victim’s criminal record includes a conviction for any of those offences.
An amendment is also made to allow a victim in a sexual assault case to receive, at no cost, independent legal representation if the victim’s personal information is sought to be used as evidence by the accused.
Bill 33The Municipal Assessment Amendment and Municipal Board Amendment Act – The Municipal Assessment Act is amended to enable a municipality to post assessment information determined by the assessor online; and permit notices and other documents to be sent electronically and to determine when such notices and documents are considered to be received.
The Municipal Board Act is amended to enable the Municipal Board to assist parties in resolving matters without a hearing. Statutory time limits for the board to hear and determine a matter may be extended for up to 60 days to give the board time to provide this assistance. The board is given the power to dismiss a matter without a hearing in certain circumstances and administrative amendments are made concerning filing notices of appeal with the board.
The key changes to The City of Winnipeg Charter are as follows.
Individuals who are not employees of the city may be appointed to act as inspectors and issue orders to remedy contraventions.
The city may serve certain compliance orders and demolition orders by substitutional service, as directed by the district registrar for the Winnipeg Land Titles Office, if it is not reasonably possible to serve the order personally.
The city may now require secondary plans to be prepared and submitted by a property owner before certain applications made by the owner for adoption, or amendment to, a zoning by-law or approval of a plan of subdivision are considered.
Timelines for planning appeals are clarified and may be extended with the agreement of the applicant.
The manner for giving notice of public hearings concerning development applications is updated.
The key changes to The Planning Act are as follows.
Timelines for application processing and planning appeals are clarified and may be extended with the agreement of the applicant.
The deadline for appeal to The Municipal Board is changed from 30 days to 14 days for appeals concerning subdivisions, aggregate quarries and large-scale livestock operations.
The expiry date of an approved variance may be extended for up to three years.
Bill 36The Manitoba Hydro Amendment and Public Utilities Board Amendment Act – This Bill amends The Manitoba Hydro Act and The Public Utilities Board Act and makes related amendments to The Crown Corporations Governance and Accountability Act. Amendments to The Manitoba Hydro Act include changes to electricity rates and gas rates, the development of an Integrated Resource Plan, and approval of major new facilities and contracts. Amendments to The Public Utilities Board Amendment Act include changes to board structure, the funding model, the requirement of a business plan from the PUB, and changes to the hiring of staff and consultants.
Last month I had the pleasure of getting a tour of the Legislative Library of Manitoba from Member’s Services Librarian, Mirabelle Boily-Bernal. The Legislative Library is the oldest library in Manitoba, whose mandate is to serve the citizens of Manitoba by preserving the published history of our province, support the conduct of public affairs and foster the development of a well-informed society by providing access to specialized information resources.
The Legislative Library has two locations – a Reading Room located in Room 260 of the Legislative Building of Manitoba, and the other located in the Manitoba Archives Building at 200 Vaughan Street. I visited the Vaughan Street location, just around the corner from the Law Courts Building.
Reading Room at the Leg
Aside from being a fascinating and beautiful historical building (the Library’s foyer space in the Archives Building was the original site of the Winnipeg Art Gallery), it is also an incredible resource for historical Manitoba Government documents. While the Manitoba Law Library has our own collection of government documents to support our members, the Legislative Library’s collection offers an excellent supplementary resource.
One of the resources our members might be interested in is the library’s Hansard collection (also known as Debates and Proceedings). Hansard is a written record of debates in the Legislative Assembly of Manitoba (see our guide to searching Hansard here). Before being published by the provincial government in 1958, the debates were summarized in local newspapers and collected by librarians in “Hansard Scrapbooks”. The library has a collection of legislative reporting in early Manitoba newspapers dating back to the 1st Parliament, 4th session, 1873-1874!
The library also houses municipal government documents, including the City of Winnipeg by-laws and City Council Minutes.
For those of us who long for the days of old school library technology, I’m happy to report that microfilm is alive and well at the Legislative Library. The library has an extensive collection of Manitoba newspapers on microfilm (dating back to 1859) that continue to be well used given the delicate nature of newsprint.
Our members might also be interested in the Digital Collection of Manitoba Government Publications, a digital collection of published Manitoba government documents dating back to the early 2000s. The collection includes reports of Inquiry Commissions and Task Forces, Departmental Studies, Annual Reports, and Financial Publications. Much of this collection has been converted using Optical Character Recognition (OCR) software, meaning that many documents have searchable text.
The Digital Collection is currently undergoing maintenance but copies can be retrieved by contacting the Legislative Library at 204-945-4330 or legislative_library@gov.mb.ca.
Finally, I had the opportunity to see the library’s rare book collection, which is housed in a climate controlled room that helps to preserve the books. The rare book collection includes 350 volumes (including law books) that were part of the Red River Library that served the Selkirk Settlers, as well as a bible belonging to Chief Peguis!
The Legislative Library of Manitoba’s two locations (the Library and the Reading Room) are open to Members and staff of the Legislative Assembly, to government employees, and to the public.
Bill 21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation Act – The Highway Traffic Act amendments allows municipalities to designate a “shared street” and establishes guidelines for traffic-related pilot projects. The Manitoba Public Insurance Corporation Act extends personal injury protection plans to operators of vehicles that are part of a pilot project.
Bill 22The Environment Amendment Act (Pesticide Restrictions) – The prohibition on the application of certain pesticides to lawns is removed and the sale of those pesticides is no longer subject to provincial regulations. The list of premises where the use of those pesticides is prohibited is expanded.
Bill 23The Reducing Red Tape and Improving Services Act – This Bill amends several Acts to reduce or eliminate regulatory requirements or prohibitions, to improve services and to streamline government operations.
Bill 24The Real Property Valuation Board and Related Amendments Act – This Bill establishes the Real Property Valuation Board (the “Board”) to take over the roles of other boards and commissions in relation to certain matters. Related amendments are made to The Expropriation Act, The Land Acquisition Act, The Municipal Assessment Act and The Surface Rights Act to effect the transfer of responsibilities to the new Board.
Bill 25The Interim Appropriation Act, 2022 – Guidelines for for the 2022-2023 fiscal year for government reporting entities as defined in The Financial Administration Act.
Bill 27The Highway Traffic Amendment Act (Alternative Measures for Driving Offences) – This Bill amends The Highway Traffic Act with respect to alternative measures under the Criminal Code. The Criminal Code allows for charges to be diverted out of the criminal justice system by allowing an accused to agree to alternative measures to avoid a possible conviction. If a person alleged to have committed an impaired driving offence is dealt with by alternative measures, the Attorney General must provide written notice to the Registrar of Motor Vehicles. The registrar must issue a restricted licence to the person that only permits the person to drive a vehicle equipped with an ignition-interlock device for a specific period of time. Currently, the registrar must suspend the driver’s licence of a person who fails to complete alternative measures for sexual procurement offences. The requirement is repealed since the failure to complete alternative measures results in a renewal of the criminal prosecution and a post-conviction suspension.
Bill 28The Prompt Payment for Construction Act – This Bill establishes periodic payment obligations to contractors and subcontractors in the construction industry. Payments must be made at specified times based on the progress of the work or the achievement of specific milestones. A final payment must be made shortly after work is completed.
Private Bills
Bill 218The Residential Tenancies Amendment Act – This Bill prevents landlords from applying for a larger rent increase unless the landlord has incurred eligible capital expenditures or there has been an extraordinary increase in taxes, utilities or security service costs. Larger rent increases cannot be charged until an order has been made that authorizes the increased rent. Landlords are prevented from removing or reducing rent discounts for one year after an application for a larger rent increase is made and from applying for a larger rent increase within one year after removing or reducing a rent discount.
prevent employers from seeking pay history about employees;
require employers to include pay information in publicly advertised job postings; and
require private sector employers with more than 100 employees to file a pay audit report with the Pay Equity Commissioner, including information on gender, diversity and pay of employees.
All bids for public tenders must demonstrate that the bidder pays women, gender-diverse individuals and men equally.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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.
Please note: The library will be closed on Monday, November 11th, 2024. Regular library service will resume Tuesday, November 12th at 8:30AM.
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