Legislative Update – Proclamations

Several new proclamations were signed last month with many of them coming into effect soon.

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 14The Pension Benefits Amendment Act subsection 10(1), section 11 and clause 17(a)20 Dec 202115 Dec 2021Proclamation
SM 2021, c. 40The Court Practice and Administration Act (Various Acts Amended) Parts 4 and 71 Jan 202215 Dec 2021Proclamation
SM 2021, c. 40The Court Practice and Administration Act (Various Acts Amended) Part 51 Feb 202215 Dec 2021Proclamation
SM 2021, c. 51The Liquor, Gaming and Cannabis Control Amendment Act (2) whole Act17 Dec 202115 Dec 2021Proclamation
SM 2021, c. 15The Regional Health Authorities Amendment Act (Health System Governance and Accountability) subsections 91(1) and (17) to (22) and clauses 91(23)(b) to (d)1 Jan 20221 Dec 2021Proclamation
SM 2021, c. 26The Municipal Statutes Amendment Act Part 21 Jan 20221 Dec 2021Proclamation

See here for all current proclamations.

Blog Round-up December 2021

A round-up of blog posts from the Manitoba legal community from December 2021.

Clarke Immigration Law
MLT Aikins

In a world already exhausted by the unrelenting pandemic, the holiday season offers the promise of a reprieve for some. Unfortunately, the holiday season is also a time when cyber criminals are particularly active as most people try to unplug and take some well-deserved breaks from work.

Having endured over a year now of government-imposed restrictions on personal liberty to curb the case count of covid, the general population is now able to better understand the implications of confinement. This blog will begin by exploring the historical reasoning behind solitary confinement, its effectiveness and psychological impact, and circle back to the current state of Covid-19 and what it entails for inmates who have already been deprived of many rights.

TDS law

New Print Titles on Regulatory Law, Res Judicata, Drafting Wills and more

New titles and updated editions have now arrived at the Great Library. While we are temporarily closed in person, we can still provide scanned sections of these titles or arrange for pick-up and drop-off. Contact us at library@lawsociety.mb.ca for more information.

Regulatory Law & Practice, 3rd ed.

“While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box’ little understood by government officials and legislators themselves. Regulatory Law and Practice, 3rd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.”

The Doctrine of Res Judicata in Canada, 5th ed.

“The definitive resource on an important legal doctrine: why a person can only sue or be sued once for each case.
The book’s analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by provincial trial and appellate courts and by tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.“

The Law of Privacy in Canada, 3rd ed

Author Michael Power is a leading authority on Canadian privacy law and issues concerning the protection of personal information. The Law of Privacy, 3rd Edition is a comprehensive treatise providing a thorough overview of Canadian privacy law and includes two main sections:

  • Personal Information Protection in Canada – Legislation and statutes; the meaning of “personal information”; the collection, use and management of personal information in the public, private and health sectors; security and breach notification; borders and boundaries; and enforcement;
  • Privacy – Common law and arbitral decisions; privacy and the Charter; privacy in Canadian tort law, criminal law, and employment.

This book also features a helpful annex that provides guidance on how to manage personal information, including how to build privacy management frameworks and the privacy issues that must be addressed in outsourcing and procurement.

The Encyclopedic Dictionary of Canadian Law

“From the very first entry (“A or a”) to the last (“ZZZZ”), it is clear that this new publication is the most comprehensive Canadian legal dictionary available. It is a thoroughly contemporary, truly essential resource that even includes definitions of common acronyms now used in text slang – a useful addition given the extent to which text messages are now used as evidence in criminal proceedings.”

Drafting Wills in Canada — 3rd edition

“Helpful examples of good and bad drafting, along with dozens of practical tips both for drafting and for managing a wills practice.

What’s New In This Edition?

  • New chapter on First Nations Estates under the Indian Act
  • Comprehensive tax matters section in the Business Interests chapter providing an overview of common income tax planning issues for business owners in the context of estate planning
  • Recent case law, as well as key changes to federal tax law and wills and attorney legislation in several provinces
  • Updated content on dealing with digital assets, charitable giving and graduated rate estates
Dangerous Offender Law

“This new publication is a comprehensive, yet accessible, overview of dangerous offender law in Canada. Written by three experts in the field, including defence counsel and intervenor from the landmark R. v. Boutilier case at the Supreme Court of Canada, Dangerous Offender Law presents criminal justice participants and the Canadian public with a long overdue guide to understanding the complex sentencing regime set out in Part XXIV of Canada’s Criminal Code.”

New Notices: QB Rule 76 Amendment. PC Suspension of Hearings

December 22, 2021 – Amendments to the Court of Queen’s Bench Rules

“On November 12, 2021, The Queen’s Bench Statutory Rules Committee met and passed Queen’s Bench Rule Amendments dealing with Rule 76 Small Claims. The Rule 76 Amendments are required to align with amendments to the Court of Queen’s Bench Small Claims Practices Act coming into force on January 1, 2022.

The Rule 76 amendments address appeals of a decision of a court officer, with a new requirement for an Application for Leave to Appeal and Notice of Appeal to be accompanied by a copy of the transcript of proceedings before the court officer or proof that a transcript of the proceedings has been ordered.

The full text of the amendments, Manitoba Regulation 151/2021, can be located at: https://web2.gov.mb.ca/laws/regs/annual/2021/151.pdf.”

See here for all Queen’s Bench Notices and Practice Directions.

Notice – Suspension and Restrictions of Hearings (December 23, 2021)

” Effective immediately in all centres, all adult and youth in custody bail and disposition courts will continue to sit and all bails and dispositions will presumptively be done virtually, either by video or telephone until further notice. Bail Triage will proceed virtually.”

“Effective January 4, 2022, in the major court centres of Winnipeg, Portage la Prairie, Brandon, Dauphin, The Pas and Thompson, the Provincial Court of Manitoba will hear all in custody and out of custody trials, continuations, special sittings and preliminary hearings in person.”

For more information including Gun Prohibition Court, Legal Aid Administrative Court, Private Prosecution Court, Circuit Locations, Child Protection and Family Matters, and others, see the full notice.

Visit the Manitoba Courts website for all COVID related notices.