Access to Justice Week 2022

The National Access to Justice Week is taking place from October 24 to 28.

The Law Society of Manitoba has partnered with the Manitoba Bar Association and the University of Manitoba for the third annual National Access to Justice Week and will offer four free virtual events open to the public. See here for more info or view all the events on our Calendar.

The University of Manitoba Faculty of Law along with the Law Society has also created an Access to Justice blog.
“The site will highlight developments related to access to justice from across Canada, with an emphasis on those relevant to Manitoba.  Assistant Professor Gerard Kennedy has initiated the blog in collaboration with Natasha Brown, Access to Justice Coordinator at the Law Society of Manitoba. This joint initiative of Kennedy and Brown will host posts on at least a weekly basis authored by themselves and law students, along with occasional posts from other law professors and access to justice stakeholder organizations within Manitoba.”
Click here to view the most recent posts.

For even more events, The Action Committee on Access to Justice in Civil and Family Matters has national online events posted on their events page.

If you wish to learn more about Access to Justice, the Manitoba Bar Association has a useful list of Agencies that help provide services and information on equal access to justice.

Law Library Hub Returning

This October we are excited to see the return of our pilot program, The Law Library Hub.

First offered in February 2020, the Hub was a drop-in program to provide legal information and assistance to members of the public who were struggling with dealing with the courts. Since then, the program changed as pandemic restrictions affected in-person meetings. Currently the Hub will be operating on an alternating schedule of in-person and virtual appointments.

Under the supervision of a practising lawyer, law students will be available to provide assistance in the Great Library at the Winnipeg Courthouse on Wednesday mornings between 9:00 a.m. to 12:00 p.m. Appointments can be booked using the form available here.

See our Hub page for more information, as well as resources for self-representing litigants.

Legislative Update

News Releases

Government Bills

Introduced

  • Bill 45 The Budget Implementation and Tax Statutes Amendment Act, 2022 – “This Bill implements various tax and other measures announced in the 2022 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.”
  • Bill 46 The Highway Traffic Amendment Act – “This Bill amends The Highway Traffic Act to give peace officers specific authority to close highways due to road conditions, visibility and other emergency situations. The amendments also give traffic authorities the specific authority to close roads for emergencies and road work. Driving on a closed highway is made an offence.”

In Committee

Private Bills

Introduced

2nd Reading

In Committee

Defeated


See here for the current status of all bills.

Legislature is adjourned until 10 a.m. on Tuesday, October 25th.


Regulations
NumberTitleRegistered Published
124/2022Securities Regulation, amendment5 Oct. 20225 Oct. 2022
125/2022College of Registered Nurses of Manitoba General Regulation, amendment7 Oct. 20227 Oct. 2022

Regulations of Manitoba

Legislative Update

News

Hydro Rates, Health Care Dominate Debate as Manitoba Legislature Begins Fall Sitting By Steve Lambert, The Canadian Press

Releases

Government Bills

2nd Reading

Private Bills

Introduced

  • Bill 210 The Restricting Mandatory Overtime for Nurses Act (Various Acts Amended) – amends The Employment Standards Code to establish a separate overtime regime for nurses by January 1, 2023. Nurses are not obligated to work overtime in non-urgent circumstances.
  • Bill 211 The Manitoba Hydro Amendment Act (Referendum Before Privatization of Subsidiary) – amends The Manitoba Hydro Act. Currently, the government may introduce a bill to privatize Manitoba Hydro only after a referendum has been held in which the majority of voters have approved the privatization. The amendment clarifies that the referendum requirement also applies to the privatization of any subsidiary of Manitoba Hydro.
  • Bill 244 The Protecting Youth in Sports Act – A sports organization or association that receives government funding, a school division or an independent school must ensure that every coach: completes training in the prevention of sexual abuse, harassment, abuse and bullying in sport before commencing coaching youths; and undertakes not to host a young athlete in the coach’s home without prior permission of the athlete’s parent and, in the case of a student participating in an extra-curricular athletic activity, the principal of the student’s school.

2nd Reading

Defeated


See here for the current status of all bills.


Proclamations
ChapterChapterDate in forceDate signedProclamation
SM 2022, c. 14The Financial Administration Amendment Act whole Act1 Oct. 202228 Sept. 2022Proclamation
Regulations
NumberTitleRegistered Published
117/2022Court of Appeal Rules, amendment31 Aug. 202231 Aug. 2022
118/2022Court of Appeal Rules, amendment31 Aug. 202231 Aug. 2022
119/2022Election Fees, Expenses and Rentals Regulation16 Sept. 202216 Sept. 2022
120/2022Assistance Regulation, amendment16 Sept. 202216 Sept. 2022
121/2022AgriInsurance Regulation16 Sept. 202216 Sept. 2022
122/2022Overwinter Bee Mortality Insurance Regulation, amendment16 Sept. 202216 Sept. 2022
123/2022Employment Standards Regulation, amendment29 Sept. 202229 Sept. 2022

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.”