National Day of Truth and Reconciliation

September 30th will be the second National Day for Truth and Reconciliation, a day of reflection on the history and legacy of the residential school system, honouring the survivors, family members and communities affected. This year the Manitoba courts will not be sitting as per last year’s notice, and the courthouse will also be closed. The library will be open, providing service either by phone or email.

If you wish to learn more about Indigenous Laws and history, the Library has texts and resources available both in print and online.

Law Library Texts

Available in print.

Aboriginal law — 5th ed., Isaac. Thomson Reuters. 2016

Aboriginal and treaty rights practice, Macaulay. Thomson Reuters. (current to 2021)

Annotated Aboriginal Law: the Constitution, Legislation and Treaties. Imai. Thompson Reuters. 2017

Understanding treaties : a primer Education and Competence Department, Law Society of Manitoba. 2015.

Articles available online

These articles and others are also available in vLex through the Member’s Portal.

Volume 41-4: Aboriginal Children

Aboriginal Child Protection and Dual Citizenship: Membership has its Benefits
Troy Hunter
Aboriginal children often have dual citizenship in one or more Indian bands. This complicates things!

The Missing Children Project
Stephanie Jansen
Thousands of Aboriginal children are missing or unaccounted for. The Truth and Reconciliation Commission wants to know what happened to them.

The Canadian Human Rights Tribunal Decision and the Jordan Principle
Edward Apolonio
How long must Aboriginal Children wait to receive funding equal to other Canadian children?

Envisioning an Indigenous Jurisdictional Process
Janice Makokis
Onion Lake Cree Nation is undertaking an Indigenous law-making and governing process.

The “Sixties Scoop”: A Dark Chapter in Canadian History
Rachel Shabalin
The Ontario Superior Court of Justice has delivered a decision on the devastating effects of the ‘60s Scoop of Aboriginal children

Vol 40-4: Mar/Apr 2016 Special Report: The Truth and Reconciliation Commission

Era of Reconciliation: A Sacred Relationship
Troy Hunter
The Truth and Reconciliation Report stresses what we have long known: we are all in this together.

The Indian Residential Schools: A Chronology
John Edmond
The chronology of the residential schools spans centuries and generations.

Truth and Reconciliation is Canada’s Last Chance to Get it Right
John Ralston Saul
Canada’s Indigenous peoples have been patient: now we must act.

Calls to Action: The Truth and Reconciliation Commission Report
John Edmond
The Truth and Reconciliation Commission Report made 94 recommendations.  They will require action from multiple levels of government, institutions and even the Pope!


Other resources

For more information of the National Day of Truth and Reconciliation and Orange Shirt Day take a look at these sources.

The reports of the Truth and Reconciliation Commission, and other government reports, are freely available online.

https://nctr.ca/records/reports/

“The Indian Residential School Survivor Society (IRSSS) is a provincial organization with a twenty-year history of providing services to Indian Residential School Survivors. The Indian Residential School Survivors Society began in 1994 as a working committee of the First Nations Summit. We were known as the Residential School Project, housed out of and as a part of the BC First Nations Summit. Our work was primarily to assist Survivors with the litigation process pertaining to Residential School abuses. In more recent years our work has expanded to include assisting the descendants of Survivors and implementing Community education measures (Indigenous & Non-Indigenous).”

Orange Shirt Day is a legacy of the St. Joseph Mission (SJM) Residential School (1891-1981) Commemoration Project and Reunion events that took place in Williams Lake, BC, Canada, in May 2013. This project was the vision of Esketemc (Alkali Lake) Chief Fred Robbins, who is a former student himself.  It brought together former students and their families from the Secwepemc, Tsilhqot’in, Southern Dakelh and St’at’imc  Nations along with the Cariboo Regional District, the Mayors and municipalities, School Districts and civic organizations in the Cariboo Region. 
“The events were designed to commemorate the residential school experience, to witness and honour the healing journey of the survivors and their families, and to commit to the ongoing process of reconciliation.  Chief Justice Murray Sinclair challenged all of the participants to keep the reconciliation process alive, as a result of the realization that every former student had similar stories.”

A Court By Any Other Name, Would Be Just As Legal

A new King means a lot of change for the legal community. The names and titles of a monarch are ingrained in the statutes of Manitoba since it was established. They have been adapted as needed, starting with the Court of King’s Bench of Manitoba.

The History of the Court of Queen’s Bench act.

There are probably only a few people around today that remember when it used to be called the King’s Bench, but the court has seen its share of name changes in its history. When the courts were first established in Manitoba, Queen Victoria was sovereign.

Originally, in 1871, the court was actually to be the called “The Supreme Court”:

1871 34 Vict Cap. 2

But that didn’t last long. The very next year the court was changed to reflect the role of the Queen, and already there were provisions should a King ascended to the throne.

1872 35 Vict Cap 3

The 1880 consolidation Chapter 31 stayed that way –

until the reign of Edward VII substituted the new title in 1901.

The 1902 consolidation would add some clarification to ongoing cases still in the King’s, or Queen’s, name.

And with the rise of Queen Elizabeth II in 1952 the title would change again.

1952 S.M. Ch. 13

While it’s still called “The Queen’s Bench Act” (C.C.S.M. c. C280) today, the provision for naming remains. Maybe some extra paperwork could have been saved in the last 150 years had they just stuck with “Supreme Court.”

Queen’s Counsel to King’s Counsel

Another piece of legislation to be updated involves the practice of appointing Queen’s Counsel. The practice was enacted in Manitoba in 1909 with King Edward.

1909 SM C.28 (9 Ed. VII cap. 28)

The practice would continue with The Law society Act, 1954 RSM Ch. 139.

This was maintained with R.S.M. 1987, c. L100 The Law Society Act s. 45 until it was repealed by The Legal Profession Act, S.M. 2002, c. 44 which had no appointments to Queen’s Counsel but instead intended to change the designation to Senior Counsel. That was only until 2018 however, when C.C.S.M. c. Q5 The Queen’s Counsel Act was enacted, and once again continued the practice.

Neutral Citations

One last small change to keep in mind is the change in the neutral citations for decisions. The most recent decisions from the King’s Bench have already adopted the MBKB citation.

New Manitoba Court Notices and News

All Courts Notices

September 19

“The Prime Minister of Canada has announced that September 19, 2022 will be a federal holiday and a day of mourning for Her Majesty Queen Elizabeth II.  The Province of Manitoba is recognizing September 19, 2022 as a day of mourning and has announced that all non-essential government services and offices will be closed for the day.

Mindful that the Courts provide an essential service, given access to justice challenges due to COVID-19, and in fairness to Court participants, the Courts have determined they cannot adjourn cases already booked and so will proceed as scheduled on September 19, 2022.  

However, in order to recognize the day of mourning, all trials and appeals will commence one hour later than scheduled.”

September 14, 2022 – References to the Crown in Court Documents

“Effective immediately, in new proceedings where the Crown is a party, the Crown should be described as “His Majesty the King” and not “Her Majesty the Queen”.” See the notice more more details.


For more information and notices see the Manitoba Courts webpage.

New Journals Issues

New articles from the following 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.

Estate Trusts & Pensions Journal

  • “Pour-Over Wills Revisited: A Case Comment on MacCallum” Timothy C. Matthews 41 Est. Tr. & Pensions J. 345
  • “Pour-Over Will Clauses: Do Ontario Lawyers Now Need to Pore over Their Will Precedents? A Case Comment on Vilenski v. Weinrib-Wolfman” Ian Lebane 41 Est. Tr. & Pensions J. 351
  • “Playing It Safe: How to Proceed as Executor when a Will May Be Invalid” Suzana Popovic-Montag 41 Est. Tr. & Pensions J. 360
  • “Incapable and Capable Rights: The Rights of Adults in Vulnerable Circumstances–Sledgehammer v. Swiss Army Knife” M. Jasmine Sweatman 41 Est. Tr. & Pensions J. 385

University of Toronto Law Journal

  • “Popular Sovereignty and Constitutional Democracy.” Philip Pettit. 72 U. Toronto L.J. 251.
  • “The City in the Constitutional Imagination.” Martin Loughlin. 72 U. Toronto L.J. 356.
  • “Giving Reasons as a Means to Enhance Compliance with Legal Norms.” Daphna Lewinsohn-Zamir, et al. 72 U. Toronto L.J. 316.
  • “On the Breach: Identifying Infringements of Section 35 Rights.” Kerry Wilkins. 72 U. Toronto L.J. 287.

The Advocates’ Journal

  • “Look back” 41 Adv J No. 1, 3
  • “Classics from the vault: Factum writing” Ian Scott 41 Adv J No. 1, 7 – 10
  • “Litigation is battle: A metaphor to rethink” Anna S. P. Wong 41 Adv J No. 1, 12 – 17
  • “Controlling adverse and hostile witnesses” Madison Robins 41 Adv J No. 4, 18 – 20
  • “Enforcing Limitations of Liability in Quebec: A Six-Step Analysis” Michael Shortt 41 Adv J No. 1, 24 – 33
  • “La caractère exécutoire des limitations de responsabilité au Québec : une analyse en six étapes” 41 Adv J No. 1, 25 – 33
  • “Reflections: Walter Williston, Arthur Lucas, and Me” Michael Shortt 41 Adv J No. 1, 35 – 37
  • “Time for Time-Limited Trials” Kevin LaRoche and David Salter 41 Adv J No. 1, 38 – 41
  • “Unravelling the Mystery of the False Light Tort” Justin Safayeni and Yadesha Satheaswaran 41 Adv J No. 1, 42 – 44

Queen’s Law Journal

  • “Hearsay And Its Limits In Extradition Proceedings: Is the Use Of Supplementary Records of the Case to Rebut Allegations of Misconduct Constitutional?” Stacey M. Purser 47:2 Queen’s L.J. 1 – 29
  • “Post-Bedford: Judicial Variance In Applying Canada’s New Sex Work Regime” Elisa Carbonaro 47:2 Queen’s L.J. 30 – 69
  • “Intangible Justice? Intellectual Property Disputes and Canadian Small Claims Courts” Anthony Rosborough & Reagan Seidler 47:2 Queen’s L.J. 70 – 98
  • “Local Code: Subsidiarity And The Canadian Criminal Jury” Michael Plaxton 47:2 Queen’s L.J. 99 – 127

Canadian Journal of Law and Society

  • “Ethics and Confidentiality: Reflections and Lessons Learned Post-Parent and Bruckert v R and Magnotta” 37 No. 2 Can. J.L. & Soc’y 187
  • “The Attorney General, Politics, and the Public Interest: Contributions to an Evolving Constitutional Convention” 37 No. 2 Can. J.L. & Soc’y 209
  • “Pouvoir Normatif et Crise Sanitaire à la Lumière du Droit Tunisien” 37 No. 2 Can. J.L. & Soc’y 229
  • “The Elusive Quest for French on the Bench: Bilingualism Scores for Canadian Supreme Court Justices, 1985-2013 37” 37 No. 2 Can. J.L. & Soc’y 249
  • “Coming in from the Cold: Canada’s National Housing Strategy, Homelessness, and the Right to Housing in a Transnational Perspective” 37No. 2 Can. J.L. & Soc’y 273
  • “Responding to Regulatory Barriers to “Ethical Meat”: Are On-Farm Slaughter Exemptions the Solution?” 37 No. 2 Can. J.L. & Soc’y 295
  • “Legalizing Illegal Mass Surveillance: A Transnational Perspective on Canada’s Legislative Response to the Expansion of Security Intelligence” 37 No. 2 Can. J.L. & Soc’y 317
    • Book reviews
    • “Sara Ahmed: Complaint! Durham: Duke University Press, 2021. 376 pp.” 37 No. 2 Can. J.L. & Soc’y 34
    • “Grégory Salle: Qu’est-Ce Que le Crime Environnemental? Paris: Seuil, Coll. Anthropocène, 2022, 288 P.” 37 No. 2 Can. J.L. & Soc’y 343

Canadian Journal of Law and Technology

  • “Let the Machines Do the Dirty Work: Social Media, Machine Learning Technology and the Iteration of Racialized Surveillance” 20 Can. J. L. & Tech. 1 Subhah Wadhawan
  • “Technologies of Servitude Understanding Firmware TPMs as Interests in Personal Property” 20 Can. J. L. & Tech. 39 Anthony D. Rosborough
  • “From Nyan Cat to NFTs: Determining How Canada’s Cultural Property Export and Import Act Applies to Digital Works” 20 Can. J. L. & Tech. 73 Mitchel Fleming, J.D., B.C.L., B.Mus.
  • “Officially Obsolete? A Critical Examination of the Canadian Official Marks Regime and Its Waning Relevancy in Trademark Law” 20 Can. J. L. & Tech. 91 Maddison Tebbutt
  • “Delineating the Legal Framework for Data Protection: A Fundamental Rights Approach or Data Propertization?” 20 Can. J. L. & Tech. 23 Efe Lawrence Ogbeide

Criminal Law Quarterly

  • “Notes and Comments” 70 C.L.Q. 424 Kent W. Roach
  • “Pathways to Police Adoption of Body and Dash Cameras in Canada: How and Why Parliament Should Intervene” 70 C.L.Q. 429 Robert Diab and Marshall Putnam
  • “Steven Truscott and the Frailty of the Criminal Process” 70 C.L.Q. 460 Martin L. Friedland
  • “You Have the Right to Be Read Something That You Probably Won’t Understand: Comprehensibility of the Right to Counsel” 70 C.L.Q. 485 Meryl Friedland and Dr. Andrew Haag
  • “A Person, by Any Other Name” 70 C.L.Q. 509 Michael Johnston
  • “Who Will Prosecute The Prosecutors? On the Need for Our Law Societies to Discipline Crown Attorneys, Failing Crown Culture, and Wrongful Convictions” 70 C.L.Q. 529 Nick Kaschuk
  • “Trouble for Starting Points?” 70 C.L.Q. 545 Paul L. Moreau
  • “In the Aftermath of R. v. Anthony-Cook: A Study of the Effects of the Supreme Court’s Decision on Ontario’s Public Interest Test for the Rejection of a Joint Submission on Sentence (2012-2021)” 70 C.L.Q. 552 Robert H. Tanha

Insolvency Institute of Canada Articles

  • “Solvency and Sustainability — ESG Risks and Considerations in Canadian Insolvencies” I.I.C. Art. Vol. 11-10
  • “Signed, Sealed, Delivered: Sealing Orders and the Impact of the Sherman Estates Decision on Insolvency Law” I.I.C. Art. Vol. 11-9
  • “Beyond Bluberi — Practical and International Perspectives on Litigation Funding” I.I.C. Art. Vol. 11-2
  • “Canadian Debt — Our Next Pandemic? Restructuring & Insolvency Implication of Canada’s Debt Burden Insolvency” Institute of Canada (Articles) I.I.C. Art. Vol. 11-3
  • “The Pandemic — An Unconventional Review of Where We Are and Where We Should Go From Here” I.I.C. Art. Vol. 11-11
  • “If You Stop Building It, What Will Come? Construction and Real Estate Development Restructurings: A Discussion of Key Issues and Approaches in Recent Proceedings” I.I.C. Art. Vol. 11-5
  • “Insolvency at Sea: Interplay between Insolvency and Admiralty Jurisprudence” I.I.C. Art. Vol. 11-6
  • “CCAA Supplier Protection: A System in Need of Reform — A Critical Perspective on the Current Framework Guiding the Relationship Between Post-CCAA Filing Suppliers and Debtor Companies” I.I.C. Art. Vol. 11-4
  • “To Approve or Not Approve — That is the Question: The Court’s Discretion when Considering to Approve an Asset Sale in the Absence of a Court-Approved Sales Process” I.I.C. Art. Vol. 11-12
  • “A Principled Approach to Monitor Investigations” I.I.C. Art. Vol. 11-1
  • “Letters Of Credit — Has the Ontario Court of Appeal Provided Clarity or Caused More Confusion on Letters of Credit?” I.I.C. Art. Vol. 11-7
  • “Shared Liabilities in Insolvency Proceedings — Analysis and Considerations” I.I.C. Art. Vol. 11-8

Journal of the Canadian College of Construction Lawyers

  • “Preface” 2022 J. Can. C. Construction Law. v
  • “Cumulative Impact Claims: Not Just Another Delay Claim” 2022 J. Can. C. Construction Law. 1
  • “Time Is up: Mandating Municipal Green Construction Initiatives in Canada” 2022 J. Can. C. Construction Law. 111
  • “Integrating Third-Party Interests in Major Infrastructure Projects: A Real Test to Contractual Risk Sharing” 2022 J. Can. C. Construction Law. 157
  • “Certainty Certainly Is a Good Thing: The Interpretation and Object of the British Columbia Builders Lien Act” 2022 J. Can. C. Construction Law. 33
  • “Has the Music Stopped?–Public Access to Construction Arbitration Decisions in Canada” 2022 J. Can. C. Construction Law. 91
  • “Amending Lien Legislation–Renovate or Rebuild” 2022 J. Can. C. Construction Law. 43
  • “P3 Concession Agreements–Risks and Rewards” 2022 J. Can. C. Construction Law. 127

Blog Round Up July/August 2022

A round-up of blog posts and online articles gathered from the Manitoba legal community during the months of July and August

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of June 2022

Brodsky Amy & Gould

Davis Cyber Law

Fillmore Riley

Matthew Gould Blog

MLT Aikins

MICHAEL DYCK | CRIMINAL LAW

Pitblado Law Blog

Robson Crim Legal Blog

TDS Law