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.
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.
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 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 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 TheLaw society Act, 1954 RSM Ch. 139.
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.
“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.”
“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.
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
“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
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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.
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