ET&P and Digital Journals Update

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

This month’s Articles

  • “Propounding a Will Under Attack: The Role of the Personal Representative in Estate Litigation” Suzana Popovic-Montag and Nick Esterbauer
  • “Determining Beneficial Title to Joint Bank Accounts “Whitelock, Stock & Barrel?” A Comparative Analysis of the Treatment of Bank Account Agreements & Survivorship Clauses in Canadian Commonwealth Estates Law” Calvin Hancock and Ryan Mulders
  • “A Broad View of the Law on Disclaimers, Renunciation and Other Forms of Divestment” Justin Fekete

We can also email pdf copies of the latest law journals for Law Society Members. For a copy of these or other legal journal articles email us at library@lawsociety.mb.ca.

Canadian Journal of Law and Society. Vol. 37.

  • “Marginal Citizens: Interracial Intimacies and the Incarceration of Japanese Canadians, 1942-1949.” Mary Anne Vallianatos. 37 No. 1 Can. J.L. & Soc’y 49.
  • “Not Worth the Wait: Why the Long-Awaited Regulations under the AHRA Don’t Address Egg Donor Concerns.” Kathleen Hammond. 37 No. 1 Can. J.L. & Soc’y 113.
  • “Police Violence as Organizational Crime.” Sylvia Rich. 37
  • “Non-Association Conditions among Release Women: Implications for Successful Community Reintegration.” Laura McKendy, Rosemary Ricciardelli. 37 No. 1 Can. J.L. & Soc’y 135.
  • “Public Support for Canadian Courts: Understanding the Roles of Institutional Trusts and Partisanship.” Erin Crandall, Andrea Lawlor. 37 No. 1 Can. J.L. & Soc’y 91.
  • “The Conceptual Problems Arising from Legal Pluralism.” Jorge Luis Fabra-Zamora. 37 No. 1 Can. J.L. & Soc’y 155.
  • “Unbreaking Bail?: Post-Antic Trends in Bail Outcomes.” Rachel Schumann, Carolyn Yule. 37 No. 1 Can. J.L. & Soc’y 1.
  • “Le Contrôle Excessif dans le Contexte des Violences Basées sur L’Honneur au Québec: Analyse Juridique et Jurisprudentielle D’Une Violence Genrée.” Dr. Estibaliz Jimenez. 37 No. 1 Can. J.L. & Soc’y 69.
  • Book Reviews
    • “Diamond Ashiagbor, Ed., Re-Imagining Labour Law for Development: Informal Work in the Global North and South. Oxford: Hart/Bloomsbury, 2019. 274 pp.” Ania Zbyszewska. 37 No. 1 Can. J.L. & Soc’y 184.
    • “Sanja Kutnjak Ivković, Shari Seidman Diamond, Valerie P. Hans, and Nancy S. Marder, eds., Juries, Lay Judges, and Mixed Courts: A Global Perspective. Cambridge, UK: Cambridge University Press, 2021. 366 pp.” Jérémy Boulanger-Bonnelly. 37 No. 1 Can. J.L. & Soc’y 179.
    • “Louis Fournier, FLQ, Histoire d’un Mouvement Clandestin. Montréal: VLB Éditeur, 2020. 369 pp.” Nicolas Desurmont. 37 No. 1 Can. J.L. & Soc’y 181.

Windsor Yearbook of Access to Justice. Vol. 37.

  •  “Measuring Improvement in Access to Justice: Utilizing an A2J Measurement Framework for Comparative Justice Data Collection and Program Evaluation Across Canada.” Brea Lowenberger, et al. 37 Windsor Y.B. Access to Just. 337.
  • “Sex Workers and the Best Interest of Their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings.” Julie E. DeWolf. 37 Windsor Y.B. Access to Just. 312.
  • “Practising an Anti-Colonial Citizenship Education through a Blended Learning Course on Aboriginal Law.” Sean Robertson. 37 Windsor Y.B. Access to Just. 377.
  • “Access to Justice as a Social Determinant of Health: The Basis for Reducing Health Disparity and Advancing Health Equity of Marginalized Communities.” Sunam Jassar. 37 Windsor Y.B. Access to Just. 359.
  • “The Legal Regulation of Sadomasochism and the So-Called “Rough Sex Defence”.” Elaine Craig. 37 Windsor Y.B. Access to Just. 402.

Criminal Law Quarterly. Vol 70.

  •  “The February Emergency: Intelligence, Policing and Governance Failures and the Future of Charter-Proofed Emergencies.” Kent Roach. 70 C.L.Q. 196.
  • “Using an Anti-Money Laundering Terrorist Finance Approach to Harness a Convoy.” Michelle Gallant. 70 C.L.Q. 292.
  • “Policing Protest via the Civil Law: Class Actions, Injunctions, and the ‘Freedom Convoy’.” Irina Ceric and Jasminka Kalajdzic. 70 C.L.Q. 247.
  • “‘Not in the Cards’: The Non-Use of the Canadian Armed Forces in the 2022 Public Order Emergency.” Tyler Wentzell. 70 C.L.Q. 310.
  • “The Real Lesson of the Freedom Convoy ‘Emergency’: Canada Needs a Public Order Policing Act.” Robert Diab. 70 C.L.Q. 230.
  • “Invoking the Emergencies Act in Response to the Truckers’ ‘Freedom Convoy 2022’: What the Act Requires, How the Government Justified the Invocations, and Whether It Was Lawful.” Leah West, et al. 70 C.L.Q. 262.

University of Toronto Faculty of Law Review. Vol. 80.

  •  “Is There a Selection Effect in Canadian Administrative Law?” Devan Schafer. 80 U.T. Fac. L. Rev. 73.
  • ““Reviewing Our Peers”: Evaluating the Legitimacy of the Canadian Jury Verdict in Criminal Trials.” Nik Khakhar. 80 U.T. Fac. L. Rev. 42.
  • “Rethinking Winnipeg Condo as Negligent Performance of a Service: A Rights-Based Account.” Benjamin Zolf. 80 U.T. Fac. L. 97.
  • “Canadian Litigation for Violations of Customary International Law: Questions Remaining after Nevsun v. Araya.” Jeremy Zullow. 80 U.T. Fac. L. Rev. 122.
  • “Escaping the Shadow of Partnership: A New Framework for Distinguishing Contractual Joint Ventures from Joint Venture Partnerships.” Branden Cave. 80 U.T. Fac. L. Rev. 9.

Blog Round-up April/May 2022

A round-up of blog posts from the Manitoba legal community from April/May 2022.

Brodsky Amy & Gould
Michael Dyck | Criminal Law
MLT Aikins
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Pitblado Law Blog
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TDS Law

Legislative Update

News

Manitoba Government Introduces International Child Support and Family Maintenance (Hague Convention) Act May 9, 2022

“The Manitoba government is introducing the international child support and family maintenance (Hague Convention) act that would improve access to justice by providing Manitoba families with additional avenues for establishing, varying and enforcing child and spousal support where one party lives outside Canada”

Manitoba Government Strengthening Laws to Protect Vulnerable Youth from Human Trafficking, Sexual Exploitation May 12, 2022

“The Manitoba government is proposing new legislation as well as amendments to existing acts that would further protect vulnerable children and youth who are at risk of human trafficking and sexual exploitation…

The proposed new legislation, the hospitality sector customer registry act, would improve the ability of law enforcement to investigate suspected instances of human trafficking by requiring hotels and temporary accommodations, including online accommodation platforms, to keep a register of guests, including their names and addresses, and make the registers available to investigators by order or without a warrant on an emergency-demand basis.”

Government Bills
Fourth Session, 42nd Legislature

Introduced

Bill 37 The International Child Support and Family Maintenance (Hague Convention) Act – This Bill implements the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance in Manitoba to facilitate the international recovery of child support and other forms of family maintenance. This Bill also applies procedures under The Inter-jurisdictional Support Orders Act to applications made under the Convention. Consequential amendments are made to The Court of Queen’s Bench Act and The Family Maintenance Act.

Bill 39 The Appropriation Act, 2022 (School Tax Rebate)

Bill 40 The Hospitality Sector Customer Registry Act and Amendments to The Child and Family Services Act and The Child Sexual Exploitation and Human Trafficking Act – Enacts The Hospitality Sector Customer Registry Act which would require hotels, online accommodation platforms and other persons prescribed by regulation to record information about their customers, including a customer’s name and primary residence.

Amends The Child and Family Services Act  to broaden the circumstances in which an agency can apply for an order that prohibits a person from contacting or residing with a child.

Amends The Child Sexual Exploitation and Human Trafficking Act to require hotels, online accommodation platforms, drivers of vehicles for hire and other persons to report human trafficking to a police service if they reasonably believe another person is subject to human trafficking.

In Commitee

18 The Legislative Security Amendment Act (No amendments)

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act (No amendments)

23 The Reducing Red Tape and Improving Services Act, 2022 (No amendments)

26 The Officers of the Assembly Act (Various Acts Amended) (No Amendments)

30 The Police Services Amendment and Law Enforcement Review Amendment Act (No amendments)

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act (No amendments)

Private Bills

Introduced

Bill 237 The Drivers and Vehicles Amendment Act (Poppy Number Plates) – Licence plates depicting a red poppy and the Canadian flag are to be made available to honourably serving or discharged members of the Canadian Forces and to former members of the Royal Canadian Mounted Police Force.

2nd Reading

Bill 208 The Teachers’ Pensions Amendment Act

Bill 228 The Eating Disorders Awareness Week Act

Passed

Bill 205 The Filipino Heritage Month Act  • amendment(s) adopted at Committee Stage

Bill 223 The Ukrainian Heritage Month Act


For the status of all current bills click here.


Mask Use and Court Reopening in Manitoba Courts

A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.

Unlimited access to the courts by members of the public will resume on Monday, June
27th, at which time there will no longer be any COVID-19 related restrictions in place.”

See the full notice here and previous COVID-19 related notices on the courts website.

Legislative Updates

News

April 22, 2022 – Manitoba Government proclaims new Public Service Act
“The Manitoba Public Service Commission advises the Manitoba government has proclaimed the Public Service Act (PSA) to replace the Civil Service Act.

…the PSA provides a legislative framework for an ethical and effective public service for Manitoba by setting out fundamental values such as transparency, accountability, integrity and respect for others. It provides a modern and innovative approach to workforce management supported by a code of conduct and an action plan that strengthen the foundation for a dynamic public workforce.” More information can be found here.

May 2, 2022 – Manitoba government enacts accessible information and communication standard regulation
“The Accessible Information and Communication Standard Regulation is the third standard under the Accessibility for Manitobans Act. It reduces barriers related to accessing information provided in print, in-person, on websites or in other formats. Standards have been put in place previously for accessible customer services and employment.” Read the full news release here.

Government Bills

2nd Reading

2 The Public Services Sustainability Repeal Act

7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

8 The Court of Appeal Amendment and Provincial Court Amendment Act

15 The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

16 The Financial Administration Amendment Act

17 The Family Law Act, The Family Support Enforcement Act and The Inter-jurisdictional Support Orders Amendment Act

18 The Legislative Security Amendment Act

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act

21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

23 The Reducing Red Tape and Improving Services Act, 2022

26 The Officers of the Assembly Act (Various Acts Amended)

27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)

29 The Mennonite College Federation Amendment Act

30 The Police Services Amendment and Law Enforcement Review Amendment Act

33 The Municipal Assessment Amendment and Municipal Board Amendment Act

34 The City of Winnipeg Charter Amendment and Planning Amendment Act

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act

In Commitee

31 The Minor Amendments and Corrections Act, 2022 (no amendments)

32 The Victims’ Bill of Rights Amendment Act (no amendments)

Private Bills

Introduced

221 The Apprenticeship and Certification Amendment Act (Apprenticeship Supervision)The Apprenticeship and Certification Act. Currently, the number of apprentices a journeyperson may supervise is set by regulation. This Bill requires a 1 to 1 supervision ratio for most trades. A trade may continue to have a greater number of apprentices supervised by a journeyperson if a higher ratio is set by regulation for that trade before this Bill takes effect.

228 The Eating Disorders Awareness Week Act – proclaims February 1 to February 7 of each year as Eating Disorders Awareness Week.

229 The Transportation Infrastructure Amendment Act – amends The Transportation Infrastructure Act to add a requirement that the minister establish standards for clearing snow from provincial roads. These standards must meet the minimum requirements set out in a schedule to the Act and must be published.

230 The Budget Impact Reporting Act – establishes The Budget Impact Reporting Act. The Minister of Finance must report on the effects of the government’s budget decisions on economic and social inclusion and greenhouse gas emissions in Manitoba.                      

232 The Catalytic Converter Identification Act – requires a motor vehicle dealer to mark the vehicle identification number for every vehicle sold by the dealer on that vehicle’s catalytic converter. Amendments to Bill 9, The Scrap Metal Act, require scrap metal dealers who purchase a catalytic converter with a vehicle identification number on it to record that number and provide it to police and Manitoba Public Insurance.

233 The Engineering and Geoscientific Professions Amendment Act –  amends the Engineering and Geoscientific Professions Act with new responsibilities of the registrar, specifies scope of practice licensees, changes to continuing professional development, and appeals.

235 The Public Schools Amendment Act (Nutrition Programs) – amends The Public Schools Act to require the minister to report each year by school division and school district on the schools that provided a nutrition program during the previous fiscal year. The minister must table the report in the Assembly and make it available to the public.

2nd Reading

234 The Drug-Related Death Bereavement Day Act – proclaims the Sunday before Mother’s Day of every year as Drug-Related Death Bereavement Day, a day to reflect on the impact of drugs in Manitoba and to grieve those lost to drugs.

In Commitee

223 The Ukrainian Heritage Month Act – proclaims the month of September as Ukrainian Heritage Month

227 The Turban Day Act

Proclamations

ChapterTitle    (provisions)Date in forceDate signedProclamation
SM 2021, c. 48The Reducing Red Tape and Improving Services Act, 2021 (section 5)1 Jun 202227 Apr 2022Proclamation
SM 2022, c. 7The Peak of the Market Reorganization Act (whole Act)20 Apr 202212 Apr 2022Proclamation

For the status of all current bills click here.


Please note: The library will be closing early on Thursday, April 17th at 11:00AM for a special event.  Regular library service will resume Tuesday, April 22nd at 8:30AM.

The Winnipeg Court Complex will be closed April 18th and April 21st. Manitoba Law Library staff will not be onsite during the holiday, but will be available by email on Monday, April 21st. Regular library service will resume Tuesday, April 22nd at 8:30AM.

Please note: The Winnipeg Law Courts will be closed April 18th and April 21st. The Library is closed Friday. Manitoba Law Library staff will be available by email on Monday, April 21st. Regular library service will resume Tuesday, April 22nd at 8:30AM.