Blog Round-up February/March 2022

A round-up of blog posts from the Manitoba legal community from February/March 2022.

Brodsky Amy & Gould
Clarke Immigration Law
MLT Aikins
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TDS Law
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Research Tip – Legislative Library of Manitoba

Last month I had the pleasure of getting a tour of the Legislative Library of Manitoba from Member’s Services Librarian, Mirabelle Boily-Bernal. The Legislative Library is the oldest library in Manitoba, whose mandate is to serve the citizens of Manitoba by preserving the published history of our province, support the conduct of public affairs and foster the development of a well-informed society by providing access to specialized information resources. 

The Legislative Library has two locations – a Reading Room located in Room 260 of the Legislative Building of Manitoba, and the other located in the Manitoba Archives Building at 200 Vaughan Street. I visited the Vaughan Street location, just around the corner from the Law Courts Building.

Reading Room at the Leg

Aside from being a fascinating and beautiful historical building (the Library’s foyer space in the Archives Building was the original site of the Winnipeg Art Gallery), it is also an incredible resource for historical Manitoba Government documents. While the Manitoba Law Library has our own collection of government documents to support our members, the Legislative Library’s collection offers an excellent supplementary resource.

One of the resources our members might be interested in is the library’s Hansard collection (also known as Debates and Proceedings). Hansard is a written record of debates in the Legislative Assembly of Manitoba (see our guide to searching Hansard here). Before being published by the provincial government in 1958, the debates were summarized in local newspapers and collected by librarians in “Hansard Scrapbooks”. The library has a collection of legislative reporting in early Manitoba newspapers dating back to the 1st Parliament, 4th session, 1873-1874!

The library also houses municipal government documents, including the City of Winnipeg by-laws and City Council Minutes.

For those of us who long for the days of old school library technology, I’m happy to report that microfilm is alive and well at the Legislative Library. The library has an extensive collection of Manitoba newspapers on microfilm (dating back to 1859) that continue to be well used given the delicate nature of newsprint.

Our members might also be interested in the Digital Collection of Manitoba Government Publications, a digital collection of published Manitoba government documents dating back to the early 2000s. The collection includes reports of Inquiry Commissions and Task Forces, Departmental Studies, Annual Reports, and Financial Publications. Much of this collection has been converted using Optical Character Recognition (OCR) software, meaning that many documents have searchable text.

The Digital Collection is currently undergoing maintenance but copies can be retrieved by contacting the Legislative Library at 204-945-4330 or legislative_library@gov.mb.ca.

Finally, I had the opportunity to see the library’s rare book collection, which is housed in a climate controlled room that helps to preserve the books. The rare book collection includes 350 volumes (including law books) that were part of the Red River Library that served the Selkirk Settlers, as well as a bible belonging to Chief Peguis!

The Legislative Library of Manitoba’s two locations (the Library and the Reading Room) are open to Members and staff of the Legislative Assembly, to government employees, and to the public.

Please visit the Legislative Library website for more information about the Library and their collections.

Many thanks to Mirabelle Boily-Bernal for the tour!

Legislative Update

Introduced

Government Bills

Bill 21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation ActThe Highway Traffic Act amendments allows municipalities to designate a “shared street” and establishes guidelines for traffic-related pilot projects. The Manitoba Public Insurance Corporation Act extends personal injury protection plans to operators of vehicles that are part of a pilot project.

Bill 22 The Environment Amendment Act (Pesticide Restrictions) – The prohibition on the application of certain pesticides to lawns is removed and the sale of those pesticides is no longer subject to provincial regulations. The list of premises where the use of those pesticides is prohibited is expanded.

Bill 23 The Reducing Red Tape and Improving Services Act – This Bill amends several Acts to reduce or eliminate regulatory requirements or prohibitions, to improve services and to streamline government operations.

Bill 24 The Real Property Valuation Board and Related Amendments Act – This Bill establishes the Real Property Valuation Board (the “Board”) to take over the roles of other boards and commissions in relation to certain matters. Related amendments are made to The Expropriation ActThe Land Acquisition ActThe Municipal Assessment Act and The Surface Rights Act to effect the transfer of responsibilities to the new Board.

Bill 25 The Interim Appropriation Act, 2022 – Guidelines for for the 2022-2023 fiscal year for government reporting entities as defined in The Financial Administration Act.

Bill 26 The Officers of the Assembly Act (Various Acts Amended) – This Bill amends various Acts with respect to the appointment of certain officers of the Assembly.

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences) – This Bill amends The Highway Traffic Act with respect to alternative measures under the Criminal Code. The Criminal Code allows for charges to be diverted out of the criminal justice system by allowing an accused to agree to alternative measures to avoid a possible conviction. If a person alleged to have committed an impaired driving offence is dealt with by alternative measures, the Attorney General must provide written notice to the Registrar of Motor Vehicles. The registrar must issue a restricted licence to the person that only permits the person to drive a vehicle equipped with an ignition-interlock device for a specific period of time.
Currently, the registrar must suspend the driver’s licence of a person who fails to complete alternative measures for sexual procurement offences. The requirement is repealed since the failure to complete alternative measures results in a renewal of the criminal prosecution and a post-conviction suspension.

Bill 28 The Prompt Payment for Construction Act – This Bill establishes periodic payment obligations to contractors and subcontractors in the construction industry. Payments must be made at specified times based on the progress of the work or the achievement of specific milestones. A final payment must be made shortly after work is completed.

Private Bills

Bill 218 The Residential Tenancies Amendment Act – This Bill prevents landlords from applying for a larger rent increase unless the landlord has incurred eligible capital expenditures or there has been an extraordinary increase in taxes, utilities or security service costs. Larger rent increases cannot be charged until an order has been made that authorizes the increased rent. Landlords are prevented from removing or reducing rent discounts for one year after an application for a larger rent increase is made and from applying for a larger rent increase within one year after removing or reducing a rent discount.

Bill 219 The Pay Transparency Act – This Bill establishes The Pay Transparency Act to

  • prevent employers from seeking pay history about employees;
  • require employers to include pay information in publicly advertised job postings; and
  • require private sector employers with more than 100 employees to file a pay audit report with the Pay Equity Commissioner, including information on gender, diversity and pay of employees.

All bids for public tenders must demonstrate that the bidder pays women, gender-diverse individuals and men equally.

For the status of all current bills click here.


New Family Law Resources from Justice Canada

New Family Law resources have recently been released by the Justice Department as part of their free online legal training resources for professionals, Justice Canada Changes to Family Laws. Along with a family violence toolkit, three new free and accredited courses are available to help lawyers understand the 2021 amendments to the Divorce Act:

Parenting under the new Divorce Act 

This course provides an overview of the amendments to the Divorce Act related to parenting including the new parenting terminology and best interests of the child criteria. It is intended to help legal advisers understand the child-focused approach of the Divorce Act’s parenting provisions and the impact of family violence on parenting arrangements.

Relocation under the Divorce Act  

This course is designed to increase legal advisers’ knowledge and understanding of the new change of residence and relocation framework in the Divorce Act.  It focuses on the procedures people must follow in relation to moves and the principles a court will apply in making a decision about a child’s relocation. 

 Family dispute resolution and duties for parties to a proceeding and legal advisers under the new Divorce Act

This online course focuses on family dispute resolution and the new duties for parties and legal advisers under the Divorce Act. This course will also address the amendments to the Act that encourage parties to use family dispute resolution processes and family justice services.

To access all the accredited courses click here.


The HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers 

This free Toolkit offers practical training to ensure that legal advisers can identify and respond to family violence in their family law cases.

The HELP toolkit is comprised of four sections:

    • HAVE an initial discussion about family violence
    • EXPLORE immediate risks and safety concerns
    • LEARN more about the family violence to help you determine what to recommend to your client
    • PROMOTE safety throughout the family law case

Each of these sections is covered in depth, along with a legal response guide and supplemental materials to assist practitioners. The Toolkit is based on new and existing research on family violence in the family law context.

The HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers can be accessed through the Department of Justice Canada website by clicking here.

To access all of the resources offered by Justice Canada Changes to Family Laws click here.

New Journal Titles from HeinOnline

HeinOnline has added new journal titles to their flagship journal database, the Law Journal Library. We’ve evaluated these new titles and are highlighting the ones we think you’ll be most interested in. All of these journals are available to our members on HeinOnline behind the Law Society Member Portal.


Amicus Curiae

The official journal of the Society for Advanced Legal Studies and the Institute of Advanced Legal Studies. Its mandate is to promote communication and cooperation within the legal community, and covers UK, European, Foreign, International and Comparative Law. This includes Canadian coverage, for example:

  • Corporate Liability for Breaches of Fundamental Human Rights in Canadian Law: Nevsun Resources Limited v Araya
    Amicus CURIAE 505 (2020) Peter Muchlinski
Criminal Justice Studies

A quarterly journal that publishes theoretical, empirical and interpretive studies of crime and criminal justice. The journal focuses on critical assessments of criminal justice policy and practices, with an emphasis on social science methodologies. Published in the US with an international scope, the journal includes Canadian content, for example:

  • Correctional Outcomes of Offenders with Mental Disorders
    27 CRIM. Just. Stud. 63 (2014) Lynn A. Stewart & Geoff Wilton
Refuge: Canada’s Journal on Refugees

A Canadian non-profit, open-access journal that publishes articles from academics, policy-makers, and practitioners in the field of forced migration. The journal offers a mix of social science and legal articles, for example:

  • Not Just the Luck of the Draw? Exploring Competency of Counsel and Other Qualitative Factors in Federal Court Refugee Leave Determinations (2005-2010)
    37 REFUGE 61 (2021) Jamie Liew , Pia Zambelli, Pierre-Andre Theriault & Maureen Silcoff
Research in Law and Economics

This journal covers the intersection of law and economics, providing a mix of legal analysis, policy research, and social science articles. Although largely American in scope, there is some Canadian coverage as well, including:

  • An Economic Justification for a Private Standard in Merger Policy: The Merger of Superior Propane and ICG Propane
    21 Rsch. in L. & ECON. 409 (2004) Richard O. Zerbe Jr. & Sunny Knott
Tocqueville Review

A social science journal in the spirit of Alexis de Tocqueville, with an emphasis on the comparative study of social change. American and French in scope, with articles in English and French. The journal does offer some Canadian coverage with a legal focus, for example:

  • Research Ethics as Social Policy: Some Lessons from Experiences in Canada and the United States
    24 Tocqueville Rev. 61 (2003) Michael McDonald & Eric M. Meslin

To access these titles and more, please visit HeinOnline behind the Law Society Member Portal.