CanLII has recently added two new open access eBooks to their commentary database. To stay up to date with CanLII new releases or to see what is popular, be sure to visit their blog at blog.canlii.org.
“Professor Beswick’s course readings are a collection of edited decisions, legislation, and articles designed to support Tort Law courses in (common law) Canada. They are complemented by a series of multiple-choice quizzes and questions that students can complete in their own time. “
Written by a team of 124 leading litigators and legal experts, Civil Procedure and Practice in Ontario is an annotated guide to the Ontario Rules of Civil Procedure, the Courts of Justice Act, and the Limitations Act. It contains helpful commentary that contextualizes and explains the language of the legislation and regulations, along with examples of case law interpreting them.
The latest articles are now available from this month’s legal journal updates. PDF copies of these articles are available by request at email@example.com.
Estates Trusts & Pensions Journal Volume 40 Number 4, August 2021
Conflicts when Acting as Trustee and Lawyer 40 Est. Tr. & Pensions J. 347 C. David Freedman
Why Estate Planning Matters for the LGBTQ+ Community 40 Est. Tr. & Pensions J. 356 Darren G. Lund, Brittany Sud
Is There a Limit to the AG’s Parens Patriae Jurisdiction over Charities? 40 Est. Tr. & Pensions J. 377 Joel Nitikman
Canadian Journal of Administrative Law and Practice Volume 34
Abrametz v. Law Society of Saskatchewan, 2020 SKCA 81 34 Can. J. Admin. L. & Prac. 313 Morgana Kellythorne
“While still purporting to apply the Blencoe framework, the Court of Appeal in Abrametz took a broader and more interventionist approach to delay in administrative proceedings, clearly inspired by Jordan. Indeed, the Abrametz approach would extend greater protection from delay to litigants in administrative proceedings than to those in criminal proceedings.”
Wildlife Management, Privative Clauses, Standards of Review, and Inuit Qaujimajatuqangit: The Dimensions of Judicial Review in Nunavut 34 Can. J. Admin. L. & Prac. 265 Daniel W. Dylan
Is the Civil Resolution Tribunal Headed for a Crash–How Will the BCCA Apply the Article 35 Reference to Trial Lawyers 2021? 34 Can. J. Admin. L. & Prac. 231 Josh Hunter
Book Review Rules for a Flat World by Gillian K. Hadfield, Oxford University Press, Paperback Edition, 2020 34 Can. J. Admin. L. & Prac. 323 Voy Stelmaszynski
Canadian Journal of Law and Jurisprudence Volume 34
Radbruch’s Formula Revisited: The Lex Injusta Non Est Lex Maxim in Constitutional Democracies 34 Can. J.L. & Juris. 461 Seow Hon Tan
Why Is Aboriginal Title Property If It Looks Like Sovereignty? 34 Can. J.L. & Juris. 417 Douglas Sanderson (Amo Binashii) , Amitpal C. Singh
The Question to Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory through His View of International Law 34 Can. J.L. & Juris. 283 Giovanni Bisogni
Making What Present Again? A Critique of Argumentative Judicial Representation 34 Can. J.L. & Juris. 259 Donald Bello Hutt
Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights 34 Can. J.L. & Juris. 341 Kai Möller
“The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights. This article challenges this picture as incomplete and unbalanced.”
The Coxford Lecture Corrective Justice and Reparations for Black Slavery 34 Can. J.L. & Juris. 329 Adrienne D. Davis
Recognizing One More Wrong 34 Can. J.L. & Juris. 493 Allan Beever
Introduction and Issue Overview 44 Man. L.J. i Bryan P. Schwartz , Darcy L. MacPherson
Justice Côté in 2019: Great Dissenter, Voice of the Court, or Both? 44 Man. L.J. 1 Sandrine Ampleman-Tremblay
Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s 44 Man. L.J. 36 Gerard J. Kennedy
“This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.”
Feeling Inadequate: Reframing the Mindsets of Legal Education to Promote Mental Health 44 Man. L.J. 66 Edward Béchard-Torres
Reconsidering Legal Pedagogy: Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Modern Law School Curricula 44 Man. L.J. 87 Richard Jochelson , James Gacek , David Ireland
Collaborative Law 44 Man. L.J. 121 Brendan Forrest
Alternative Fee Arrangements 44 Man. L.J. 134 Sean Corrigan
What Is Cultural Legal Studies? 44 Man. L.J. 143 Jennifer L. Schulz
Copyright Tariffs Are Not Mandatory, Says Supreme Court of Canada Aug 16 “Copyright users will welcome this decision while copyright collectives may find that it complicates copyright enforcement. Since board-approved tariffs are not mandatory for non-licensees, copyright collectives might need to rethink their strategy. Going forward, copyright collectives may require creators to assign or provide exclusive licenses to their works or, it may lead to creators dealing with users and pursuing infringement directly. The SCC’s decision also offered guidance on how courts could analyze fair dealing in the context of educational institutions.”
Canadian Tax Acts Across the Nation Adapt to Online Transactions July 6 “The extension of Manitoba’s sales tax proposes to be in force as of December 1, 2021, making it the last province to target online sellers with provincial sales taxes. The proposed changes suggest that Manitoba believes it will collect over $8 million per year by extending provincial sales taxes to streaming services, online marketplaces and online accommodation platforms.”
The Right to Disconnect July 21 “The Canadian Government has noticed the lines have been blurred between being “at work” and “not at work”. Consequently, it has established the Right to Disconnect Advisory Committee, which began in October 2020 to hold a series of meetings with stakeholders, including the Canadian public, in order to obtain further information surrounding the right to disconnect and consider the logistics of such legislation.”
The Overcriminalization of COVID-19 – Sarah Sharp “COVID-19 poses a serious risk of being misunderstood in the way HIV was when it was first discovered. Information on COVID-19 changes almost daily and new information is constantly being uncovered. As of right now, there are a ton of unknowns about the virus, which means that the justice system risks over-criminalizing COVID-19 due to a lack of knowledge of the realistic risks involved. The justice system should be careful to consider what medical evidence is available, and also be flexible to acknowledge and apply any new scientific discoveries about COVID-19.”
Notice: Further Resumptions and Some Continued Restrictions
In line with public health directives, the Provincial court continues re-opening with incremental steps. This follows protocols already in place pursuant to previous Notices of June 23 and July 20, 2021.
The Provincial Court of Manitoba remains closed to members of the general public. The Court will continue to hear all trials, preliminary inquiries and Inquests in the court centres. Beginning August 30, 2021, the presumption that counsel and accused persons will appear remotely will no longer apply to adult matters proceeding to disposition and all matters under the Youth Criminal Justice Act. Child Protection dockets will be held in the community or court centre where they are ordinarily heard.
Additional protocols and information are available in the notice.
The Open Society Justice Initiative is part of the Open Society Foundations. Established in 2003, the Foundation provides expert legal support through strategic human rights litigation and other legal work.
This database is updated continuously with over 300 current titles. With reports, handbooks, briefing papers, legal and policy submissions, and fact sheets exploring and advocating on issues of human rights and justice.