Blog Round-up April/May 2022

A round-up of blog posts from the Manitoba legal community from April/May 2022.

Brodsky Amy & Gould
Michael Dyck | Criminal Law
MLT Aikins
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Pitblado Law Blog
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TDS Law

Introducing New Current Awareness Titles

Photo by Patrick Tomasso on Unsplash

One of our most popular services is the distribution of legal newsletters. Our subscriptions with LexisAdvance Quicklaw and Westlaw Canada allow us to share their newsletters with members of the Law Society of Manitoba. LexisNexis has recently added a few more in the areas of criminal law and employment and labour law.

The Hill/Wein Criminal Evidence NetLetter is a semi-monthly current awareness service providing case summaries and commentary in the area of criminal evidence.

The latest issue highlights matters on:

Looking to be updated on the latest employment and labour law decisions?

Along with the LexisNexis Employment Law NetLetter and the LexisNexis Workplace Health, Safety and Compensation Law NetLetter, the JSL Labour and Employment Law NetLetter is a weekly current awareness service highlighting new labour and employment decisions from labour boards, arbitrators, human rights tribunals, and courts. Issues are added Wednesday of each week.

Browse our Current Awareness Guide for a list and descriptions of all newsletters we have available.

If you would like to subscribe to any of these publications, please email library@lawsociety.mb.ca so we can add you to the distribution list.

Legislative Update

News

Manitoba Government Introduces International Child Support and Family Maintenance (Hague Convention) Act May 9, 2022

“The Manitoba government is introducing the international child support and family maintenance (Hague Convention) act that would improve access to justice by providing Manitoba families with additional avenues for establishing, varying and enforcing child and spousal support where one party lives outside Canada”

Manitoba Government Strengthening Laws to Protect Vulnerable Youth from Human Trafficking, Sexual Exploitation May 12, 2022

“The Manitoba government is proposing new legislation as well as amendments to existing acts that would further protect vulnerable children and youth who are at risk of human trafficking and sexual exploitation…

The proposed new legislation, the hospitality sector customer registry act, would improve the ability of law enforcement to investigate suspected instances of human trafficking by requiring hotels and temporary accommodations, including online accommodation platforms, to keep a register of guests, including their names and addresses, and make the registers available to investigators by order or without a warrant on an emergency-demand basis.”

Government Bills
Fourth Session, 42nd Legislature

Introduced

Bill 37 The International Child Support and Family Maintenance (Hague Convention) Act – This Bill implements the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance in Manitoba to facilitate the international recovery of child support and other forms of family maintenance. This Bill also applies procedures under The Inter-jurisdictional Support Orders Act to applications made under the Convention. Consequential amendments are made to The Court of Queen’s Bench Act and The Family Maintenance Act.

Bill 39 The Appropriation Act, 2022 (School Tax Rebate)

Bill 40 The Hospitality Sector Customer Registry Act and Amendments to The Child and Family Services Act and The Child Sexual Exploitation and Human Trafficking Act – Enacts The Hospitality Sector Customer Registry Act which would require hotels, online accommodation platforms and other persons prescribed by regulation to record information about their customers, including a customer’s name and primary residence.

Amends The Child and Family Services Act  to broaden the circumstances in which an agency can apply for an order that prohibits a person from contacting or residing with a child.

Amends The Child Sexual Exploitation and Human Trafficking Act to require hotels, online accommodation platforms, drivers of vehicles for hire and other persons to report human trafficking to a police service if they reasonably believe another person is subject to human trafficking.

In Commitee

18 The Legislative Security Amendment Act (No amendments)

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act (No amendments)

23 The Reducing Red Tape and Improving Services Act, 2022 (No amendments)

26 The Officers of the Assembly Act (Various Acts Amended) (No Amendments)

30 The Police Services Amendment and Law Enforcement Review Amendment Act (No amendments)

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act (No amendments)

Private Bills

Introduced

Bill 237 The Drivers and Vehicles Amendment Act (Poppy Number Plates) – Licence plates depicting a red poppy and the Canadian flag are to be made available to honourably serving or discharged members of the Canadian Forces and to former members of the Royal Canadian Mounted Police Force.

2nd Reading

Bill 208 The Teachers’ Pensions Amendment Act

Bill 228 The Eating Disorders Awareness Week Act

Passed

Bill 205 The Filipino Heritage Month Act  • amendment(s) adopted at Committee Stage

Bill 223 The Ukrainian Heritage Month Act


For the status of all current bills click here.


Mask Use and Court Reopening in Manitoba Courts

A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.

Unlimited access to the courts by members of the public will resume on Monday, June
27th, at which time there will no longer be any COVID-19 related restrictions in place.”

See the full notice here and previous COVID-19 related notices on the courts website.

Great Library History – part 3

Manitoba Law Library – A story of change pt. 3

“It’s been here for 100 years, and it will be here 100 more. Just like the law.” – Martin Jandavs, Facility Manager, Law Courts Building Complex

During his tenure as Facility Manager, Martin Jandavs has seen the Great Library and the Old Law Courts Building through some of its biggest changes. I was initially curious about the period of renovation in the 1980s when Library staff were working from a temporary office in the new Law Courts Building at 408 York. The renovations were extensive and resulted in significant architectural changes to the building.

A view of the Great Library prior to the renovation in the 1980s. The cork floor seen in this picture was replaced with carpet during the renovation. (source: Cameron Harvey – The Law Society of Manitoba 1877-1977)

In the library, the staircase leading up to the second floor was added during the renovation in the 1980s. Prior to this, the spiral staircase on the far side of the Great Library was the only staircase and passed through to the floors below. There used to be two old clocks on either side of the mezzanine overlooking the main floor. When the new staircase was installed the second clock was removed and placed in the attic (accessible through the library archives room), where it remains. The building has been refitted for electrical, plumbing, and computer/technology infrastructure. As Martin said to me, it’s a solid building but it has changed.

By way of example, the Government of Manitoba used to operate its own workshop and renovations department. The department employed in-house plumbers, carpenters, and electricians. The workshop, referred to as the “Vine” location, was located at Vine Street and Whyte Avenue in the Weston neighborhood. When the renovations on the Great Library began in 1985, all of the furniture was labelled and brought to the workshop to be refinished. The labelling system was used to ensure that the furniture returned to its proper location, and the burgundy leather chairs in the library still have their labels.

Martin told me about two Hungarian carpenters, “real craftsmen”, who worked on the big round table in the Great Library. The table wouldn’t fit through the library entrance and so it had to be cut in half to be removed from the building. The two carpenters refurbished it, sanding it down and refinishing the wood. I hadn’t realized that the round top of the table was designed to rotate, a feature preserved by the carpenters.

We talked about the trend towards employing contract labour and the eventual shuttering of the Vine Street workshop. About how the history of a building can be lost when contract work replaces permanent staff. Those craftsmen, who knew these buildings inside and out because they had worked here for 30, 40 years, they were like a living historical record. I told Martin about how I felt similarly about the print documents from the library being replaced by digital documents. It’s easier to lose some of the historical record because of the ephemerality of the digital documents. Martin told me how he used to get out the big technical drawings of the building to use for reference because he preferred them, as opposed to the version on his computer. He is also a fan of the giant 1957 Canadian atlas just inside the front entrance of the library.

I asked him what he thought people would be surprised to know about the building, and he spoke about his staff that keep the building looking so great. Having a dedicated staff working behind the scenes who have specialized knowledge of the building and pay attention to the details are an important part of what makes the building so special. These details we might take for granted – the polish of the custom furniture, the emptying of my trash can every night. And just like the people who keep the building alive, the building animates the people that inhabit it.

In a sense, the Law Courts Building is a living thing. It literally contracts and expands with the weather, it houses all of the constituent parts and people that bring it alive, and has gone through periods of renewal and decay. Similarly, the law is a living thing – it responds to changes in our environment, it expands and evolves, and it also undergoes stages of decay and rebirth. As David R. Johnson says, “The law is an organism rather than a mechanism. It is alive.”

The life of the Great Library and the Law Courts Building is far from over, indeed it may still only be in its youth. My season at the library is coming to a close, but I take the knowledge I gained here with me. In my own small way, I take a piece of the library with me and a piece of its history.

I’m grateful to have been able to come to work here every day and to have gotten to know the building a little bit better. And I’m also now a part of its living history.

Part 1

Part 2

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.