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.
“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.
“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”
“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.”
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.
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.
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.”
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.‘
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.
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.
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.
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.