Notice – All Hearings of the Court of Appeal will be conducted remotely starting January 4, 2022 until further notice (December 20, 2021). This notice replaces the previously issued notice dated August 10, 2021.
As a result of the modelling for the COVID-19 Omicron variant, starting on Tuesday, January 4, 2022:
All appeals will be heard remotely by videoconference; and
All motions or applications will be heard remotely by teleconference.”
For in-custody criminal appeal, motion or application hearings, special procedures are required in order to ensure that the accused can participate in the hearing.
See the full notice for information on how to access a videoconference appeal hearing, and how to access a teleconference motion or application hearing.
New print copies of Emond’s Criminal law series are now available. A reminder that all our reserve books are available for members to borow for two days, or two weeks for items from the regular collection.
Online access is also available for Digital Evidence, Search and Seizure, and Prosecuting and Defending Fraud Cases, as well as the rest of the Criminal Law Series in the Library Resources section of the member portal.
Digital Evidence — 2nd ed. – “This is the first comprehensive text on this facet of law. It is designed to clarify the nuances of the authentication and admissibility of digital evidence, privacy rights, the uses and limits of social media evidence, and the search and seizure of electronic devices. This text also explores the ways in which law enforcement can access digital data in the hands of third parties, including the various powers created by Bill C-13 (S.C. 2014, c. 31 Protecting Canadians from Online Crime Act).”
Search and Seizure – “Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.”
Modern Criminal Evidence – “the first major treatise to provide a truly practical and comprehensive guide to criminal evidence law in Canada. Unlike other texts in this area, this book’s practical approach guides readers through evidentiary issues in all components of criminal law, providing indispensable insight from Crown, defence, and judicial perspectives.”
Prosecuting and Defending Fraud Cases, 2nd ed. – “prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code. This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada.”
The latest issues of these journals are out and available for members. PDF copies of these articles are available upon request following copyright fair use guidelines. Contact us at library@lawsociety.mb.ca for more information.
Estates Trusts & Pensions Journal
From the Law Reports
Identity and Cy-prés: Galloway Estate v. B.C. SPCA – A comment Donavan Waters
Calmusky v. Calmusky: A Novel Application of the Presumption of Resulting Trust or an Outlier? Lisa Filgiano
No Accounting Ordered for Inter Vivos Gifts by Competent Testator: Duhn Estate Nora Christianson Fien
Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment Jane Thomson
Sherman Estate v. Donovan: When is Privacy a Publicly Protectable Interest? David Young
Postscript from Québec Marilyn Piccini Roy
From the Legislature
Acknowledging Acknowledgments: Another Option? Ian Lebane
Articles
Exploring the Limits of an Attorney for Property’s Authority Under the Substitute Decisions Act, 1992 Melanie Yach
Canadian Family Law Quarterly
Tax Efficient Solutions to Division of Corporate Property: Can The Court Order A Corporate Reorganization? 40 C.F.L.Q. 49 Scott Booth
Ontario’s Family Law Limited Scope Services Project: Rhetoric and Realities of the Family Bar Addressing Access to Justice Challenges 40 C.F.L.Q. 1 Rachel Birnbaum; Nicholas Bala
Focused Hearings 40 C.F.L.Q. 87 Justice Stanley Sherr
Retroactive Support After Colucci 40 C.F.L.Q. 61 Rollie Thompson
National Journal of Constitutional Law
A Question of Law: (Formal) Declarations of Invalidity and the Doctrine of Stare Decisis 42 Nat’l J. Const. L. 1 Alexandre Marcotte
The Effect of Declarations of Unconstitutionality in Canada 42 Nat’l J. Const. L. 25 Paul Daly, Jeremy Opolsky, Jake Babad, Julie Lowenstein
La Temporalité des Jugements D’Inconstitutionnalité des Lois au Canada: Ce que L’on Dit Être Leur Rétroactivité 42 Nat’l J. Const. L. 63 Danielle Pinard
McGill Law Journal
Domestic Contracts and Family Law Exceptionalism: An Historical Perspective 66 McGill L.J. 303 Luke Taylor
Religious Challenges to Anti-Discrimination Law: The Mobilization of the “Minority Label” 66 McGill L.J. 377 Léa Brière-Godbout, Marie-Andrée Plante
Creative and Responsive Advocacy for Reconciliation: The Application of Gladue Principles in Administrative Lawl 66 McGill L.J. 337 Andrew Flavelle Martin
L’indépendance du Québec et le Choix Autochtone de la Continuité Canadienne 66 McGill L.J. 253 Ghislain Otis, Aurélie Laurent
The Court of Appeal has released a new notice to the profession that articling students-at-law are no longer permitted to appear as counsel to argue a substantive appeal. An articling student may appear in a chambers matter where the presiding chambers judge grants permission. See below for the full notice.
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.
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