Digital Collection Update: Emond’s and Irwin Law.

A new helpful text on expert evidence has been added to Emond’s Criminal Law Series and is available online in the Library Resources section of the Member’s Portal.

Qualifying and Challenging Expert Evidence

by Eric V. Gottardi, Jennifer A. MacLellan, Michael Lacy, Robin Flumerfelt

Qualifying and Challenging Expert Evidence is an essential guide for legal practitioners and expert witnesses participating in a criminal trial. Applicable to Crown, defence counsel, and the judiciary, this handbook uses clear and concise language to address all aspects of expert witness testimony from start to finish.

Authored by a respected team of cross-national legal experts, Qualifying and Challenging Expert Evidence integrates varied perspectives to achieve a balanced, engaging, and comprehensive approach unmatched by any other resource. It maintains a practical focus while weaving strategic guidance with an analysis of case law and the relevant provisions of the Criminal Code and the Canada Evidence Act.

Ranging from psychiatry to forensics and from pathology to technology, this resource will prepare legal practitioners for the procedural, tactical, and strategic elements of qualifying and challenging expert witnesses in criminal cases.

This text is Volume 15 in Emond’s Criminal Law Series.

vLex (Irwin Law)

Also available online, are these new titles from vLex’s Irwin Law Collection.

Fertility: 40 Years of Change 
By Maureen A. McTeer

“…Maureen McTeer explores key medical, research, and legal developments in assisted human reproduction since the birth of the first IVF baby in 1978. With keen insight, she analyses how Canada has responded to the many legal and societal opportunities this foundational reproductive technology has created…”

Every Cyclist’s Guide to Canadian Law – 2nd ed. 
By Christopher Waters

“Christopher Waters, a law professor and cycling advocate, provides a comprehensive overview of the Canadian law on bicycles. The book covers rules of the road, purchasing and using bikes, what to do in the case of a crash or a stolen bike, starting up your own cycling club, racing your bike, and much more.”

Child Victims in Canada’s Justice System By Loree Armstrong Beniuk

” a thoroughly researched resource that will be useful for anyone working with or establishing public policy with respect to children who have experienced sexual abuse.”

Canadian Policing. Why and How It Must Change By Kent Roach

“a comprehensive and critical examination of Canadian policing from its colonial origins to its response to the February 2022 blockades and occupations.
 …offers concrete proposals for reforms to the RCMP, use of force policies, better community safety plans, and more democratic policing.”

Legislative Update – End of Spring Session

The House adjourned on June 1, 2022.

The 4th Session of the 42nd Legislature will reconvene on
Wednesday, September 28, 2022 at 1:30 p.m.

A number of bills have passed including acts concerning The Court of Appeal Act  and The Provincial Court Act, Family law, and Employment Law.

CBC news article Manitoba MLAs expected to pass 20 bills, including minimum wage legislation, before summer break:

Politicians at the Manitoba Legislature were preparing to pass more than 20 bills into law Wednesday night, including one to increase the minimum wage, before breaking for the summer.

Some bills were not expected to go to a final vote until the legislature resumes in the fall…The Opposition New Democrats used procedural rules to make sure the pesticide, electricity and other bills were not passed before the summer break.

News

May 24, 2022 Manitoba Government Introduces Amendments To The Child And Family Services Act To Transform Indigenous Child Welfare System – “The Manitoba government has introduced proposed amendments to the Child and Family Services (CFS) Act to ensure the transition of child and family services from provincial CFS agencies to Indigenous Governing Bodies (IGB)”


May 26, 2022 Manitoba Government Introduces Legislation That Would Increase Liquor Retail Convenience


May 24, 2022 Manitoba Government Introduces Bill To Modernize Liquor Service Licensing “Bill 38 builds on previous legislative reform introduced to allow all liquor service licensees to sell liquor with takeout and delivery food orders, a service option that has been available to dining room licensees since 2020. This change, supported by industry and driven by changing consumer demand, became especially significant as the COVID-19 pandemic changed how Manitoba’s hospitality industry operates, noted the minister.

May 30, 2022 Manitoba Government Introduces Legislation To Allow Larger Increases To Provincial Minimum Wage – “The Manitoba government is introducing legislation that would allow larger increases to the provincial minimum wage, given current uncertain and challenging global economic conditions as employees and employers struggle to recover from the COVID-19 pandemic”

May 30, 2022 Manitoba Government Introduces Clare’s Law, Aimed At Protecting Against Intimate Partner Violence – “The Manitoba government has introduced Bill 43, the disclosure to protect against intimate partner violence act, to give Manitobans access to an intimate partner’s documented history of violence and supports.”

Government Bills
Fourth Session, 42nd Legislature

Introduced

Bill 38 The Liquor, Gaming and Cannabis Control Amendment Act – amends The Liquor, Gaming and Cannabis Control Act to eliminate specific categories of liquor service licences established in the Act. The different types of liquor service licences are now to be established by regulation. The ability to sell liquor with food that is purchased for delivery or takeout is no longer restricted to specified categories of liquor service licences.

Bill 42 The Liquor, Gaming and Cannabis Control Amendment and Manitoba Liquor and Lotteries Corporation Amendment Act – amends The Liquor, Gaming and Cannabis Control Act and The Manitoba Liquor and Lotteries Corporation Act to expand the range of persons who are able to sell all types of liquor.

Bill 43 The Disclosure to Protect Against Intimate Partner Violence Act – Under the Act, a person who believes that they might be at risk of violence from a current or former intimate partner may apply to receive information about the risk that partner poses to the person or the person’s child.

In Commitee

Bill 7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations) – No amendments

Bill 8 The Court of Appeal Amendment and Provincial Court Amendment Act – No amendments

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)
 • amendment(s) adopted at Report Stage

Bill 29 The Mennonite College Federation Amendment Act – No amendments

Bill 33 The Municipal Assessment Amendment and Municipal Board Amendment Act
 • amendment(s) adopted at Committee Stage

Bill 34 The City of Winnipeg Charter Amendment and Planning Amendment Act – No amendments

Bill 37 The International Child Support and Family Maintenance (Hague Convention) Act – No amendments

3rd Reading

Bill 31 The Minor Amendments and Corrections Act, 2022

Bill 35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act

Passed

Bill 2 The Public Services Sustainability Repeal Act

Bill 7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

Bill 8 The Court of Appeal Amendment and Provincial Court Amendment Act

Bill 9 The Scrap Metal Act

Bill 15 The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

Bill 16 The Financial Administration Amendment Act

Bill 17 The Family Law Act, The Family Support Enforcement Act and The Inter-jurisdictional Support Orders Amendment Act

Bill 18 The Legislative Security Amendment Act

Bill 21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

Bill 23 The Reducing Red Tape and Improving Services Act, 2022

Bill 26 The Officers of the Assembly Act (Various Acts Amended)

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)
 • amendment(s) adopted at Report Stage

Bill 30 The Police Services Amendment and Law Enforcement Review Amendment Act

Bill 31 The Minor Amendments and Corrections Act, 2022

Bill 32   The Victims’ Bill of Rights Amendment Act

Bill 33 The Municipal Assessment Amendment and Municipal Board Amendment Act
 • amendment(s) adopted at Committee Stage

Bill 34 The City of Winnipeg Charter Amendment and Planning Amendment Act              

Bill 35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act           

Bill 36 The Manitoba Hydro Amendment and Public Utilities Board Amendment Act

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

Bill 41 The Child and Family Services Amendment Act – Bill amends The Child and Family Services Act to facilitate collaboration and information sharing between the persons and entities who administer the Act and the Indigenous governing bodies and Indigenous service providers who administer Indigenous laws respecting child and family services.

Bill 44 The Employment Standards Code Amendment Act (Minimum Wage) – This Bill amends The Employment Standards Code to enable the minimum wage to be increased by an additional amount set out in a regulation.

Private Bills

Introduced

Bill 238 The Workplace Safety and Health Amendment Act (Access to Washrooms for Delivery Persons) – amends The Workplace Safety and Health Act. In most circumstances, the owner of a workplace must provide access to a washroom, on request, to a delivery person attending the workplace.

Bill 239 The Ecological Reserves Amendment Act (Ecological Corridors) – amends The Ecological Reserves Act to allow for the creation of an ecological corridor system.

Bill 240 The Jewish Heritage Month Act – proclaims the month of May of each year as Jewish Heritage Month.

Passed

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

Bill 223 The Ukrainian Heritage Month Act

Bill 227 The Turban Day Act

Bill 228 The Eating Disorders Awareness Week Act

Bill 234 The Drug-Related Death Bereavement Day Act  • amendment(s) adopted at Committee Stage


For the status of all current bills click here.


ET&P and Digital Journals Update

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

This month’s Articles

  • “Propounding a Will Under Attack: The Role of the Personal Representative in Estate Litigation” Suzana Popovic-Montag and Nick Esterbauer
  • “Determining Beneficial Title to Joint Bank Accounts “Whitelock, Stock & Barrel?” A Comparative Analysis of the Treatment of Bank Account Agreements & Survivorship Clauses in Canadian Commonwealth Estates Law” Calvin Hancock and Ryan Mulders
  • “A Broad View of the Law on Disclaimers, Renunciation and Other Forms of Divestment” Justin Fekete

We can also email pdf copies of the latest law journals for Law Society Members. For a copy of these or other legal journal articles email us at library@lawsociety.mb.ca.

Canadian Journal of Law and Society. Vol. 37.

  • “Marginal Citizens: Interracial Intimacies and the Incarceration of Japanese Canadians, 1942-1949.” Mary Anne Vallianatos. 37 No. 1 Can. J.L. & Soc’y 49.
  • “Not Worth the Wait: Why the Long-Awaited Regulations under the AHRA Don’t Address Egg Donor Concerns.” Kathleen Hammond. 37 No. 1 Can. J.L. & Soc’y 113.
  • “Police Violence as Organizational Crime.” Sylvia Rich. 37
  • “Non-Association Conditions among Release Women: Implications for Successful Community Reintegration.” Laura McKendy, Rosemary Ricciardelli. 37 No. 1 Can. J.L. & Soc’y 135.
  • “Public Support for Canadian Courts: Understanding the Roles of Institutional Trusts and Partisanship.” Erin Crandall, Andrea Lawlor. 37 No. 1 Can. J.L. & Soc’y 91.
  • “The Conceptual Problems Arising from Legal Pluralism.” Jorge Luis Fabra-Zamora. 37 No. 1 Can. J.L. & Soc’y 155.
  • “Unbreaking Bail?: Post-Antic Trends in Bail Outcomes.” Rachel Schumann, Carolyn Yule. 37 No. 1 Can. J.L. & Soc’y 1.
  • “Le Contrôle Excessif dans le Contexte des Violences Basées sur L’Honneur au Québec: Analyse Juridique et Jurisprudentielle D’Une Violence Genrée.” Dr. Estibaliz Jimenez. 37 No. 1 Can. J.L. & Soc’y 69.
  • Book Reviews
    • “Diamond Ashiagbor, Ed., Re-Imagining Labour Law for Development: Informal Work in the Global North and South. Oxford: Hart/Bloomsbury, 2019. 274 pp.” Ania Zbyszewska. 37 No. 1 Can. J.L. & Soc’y 184.
    • “Sanja Kutnjak Ivković, Shari Seidman Diamond, Valerie P. Hans, and Nancy S. Marder, eds., Juries, Lay Judges, and Mixed Courts: A Global Perspective. Cambridge, UK: Cambridge University Press, 2021. 366 pp.” Jérémy Boulanger-Bonnelly. 37 No. 1 Can. J.L. & Soc’y 179.
    • “Louis Fournier, FLQ, Histoire d’un Mouvement Clandestin. Montréal: VLB Éditeur, 2020. 369 pp.” Nicolas Desurmont. 37 No. 1 Can. J.L. & Soc’y 181.

Windsor Yearbook of Access to Justice. Vol. 37.

  •  “Measuring Improvement in Access to Justice: Utilizing an A2J Measurement Framework for Comparative Justice Data Collection and Program Evaluation Across Canada.” Brea Lowenberger, et al. 37 Windsor Y.B. Access to Just. 337.
  • “Sex Workers and the Best Interest of Their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings.” Julie E. DeWolf. 37 Windsor Y.B. Access to Just. 312.
  • “Practising an Anti-Colonial Citizenship Education through a Blended Learning Course on Aboriginal Law.” Sean Robertson. 37 Windsor Y.B. Access to Just. 377.
  • “Access to Justice as a Social Determinant of Health: The Basis for Reducing Health Disparity and Advancing Health Equity of Marginalized Communities.” Sunam Jassar. 37 Windsor Y.B. Access to Just. 359.
  • “The Legal Regulation of Sadomasochism and the So-Called “Rough Sex Defence”.” Elaine Craig. 37 Windsor Y.B. Access to Just. 402.

Criminal Law Quarterly. Vol 70.

  •  “The February Emergency: Intelligence, Policing and Governance Failures and the Future of Charter-Proofed Emergencies.” Kent Roach. 70 C.L.Q. 196.
  • “Using an Anti-Money Laundering Terrorist Finance Approach to Harness a Convoy.” Michelle Gallant. 70 C.L.Q. 292.
  • “Policing Protest via the Civil Law: Class Actions, Injunctions, and the ‘Freedom Convoy’.” Irina Ceric and Jasminka Kalajdzic. 70 C.L.Q. 247.
  • “‘Not in the Cards’: The Non-Use of the Canadian Armed Forces in the 2022 Public Order Emergency.” Tyler Wentzell. 70 C.L.Q. 310.
  • “The Real Lesson of the Freedom Convoy ‘Emergency’: Canada Needs a Public Order Policing Act.” Robert Diab. 70 C.L.Q. 230.
  • “Invoking the Emergencies Act in Response to the Truckers’ ‘Freedom Convoy 2022’: What the Act Requires, How the Government Justified the Invocations, and Whether It Was Lawful.” Leah West, et al. 70 C.L.Q. 262.

University of Toronto Faculty of Law Review. Vol. 80.

  •  “Is There a Selection Effect in Canadian Administrative Law?” Devan Schafer. 80 U.T. Fac. L. Rev. 73.
  • ““Reviewing Our Peers”: Evaluating the Legitimacy of the Canadian Jury Verdict in Criminal Trials.” Nik Khakhar. 80 U.T. Fac. L. Rev. 42.
  • “Rethinking Winnipeg Condo as Negligent Performance of a Service: A Rights-Based Account.” Benjamin Zolf. 80 U.T. Fac. L. 97.
  • “Canadian Litigation for Violations of Customary International Law: Questions Remaining after Nevsun v. Araya.” Jeremy Zullow. 80 U.T. Fac. L. Rev. 122.
  • “Escaping the Shadow of Partnership: A New Framework for Distinguishing Contractual Joint Ventures from Joint Venture Partnerships.” Branden Cave. 80 U.T. Fac. L. Rev. 9.

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.