Recent news reports from Ontario have highlighted the complicated practice of calculating credit for pre-sentence custody. Rangefindr has been a helpful resource for our members to suggest sentencing ranges and now Rangefindr has created a new guide to further assist calculating these sentences.
The rangefindr.ca “Guide to Credit for Pre-sentence Custody and Release” is now available behind the member portal.
“There have been Notices issued by the Manitoba Court of King’s Bench Masters (as they then were), lastly on June 9, 2022, that governed practice before the Masters. This Notice will replace those previous Notices, except as otherwise specified herein, and will be in place effective January 8, 2024. This Notice does not impact any matters that, as of today’s date, have already been set to proceed, whether proceeding via teleconference, in person or otherwise. Those previously scheduled appearances, even if set to proceed virtually after January 8, 2024, will continue as currently planned.
With the exception of the associate judges’ daily uncontested lists, which will continue to proceed remotely as set out below, these changes reflect a more fulsome move back to in person hearings for all other matters set to appear before the associate judges. The court will continue to implement flexibility in appropriate circumstances, on the request of parties, and where resources allow. This Notice will apply to practices in the associate judges’ courts in every jurisdiction, except as expressly addressed below: ” (see notice for full details on Child Protection Dockets, Maintenance Enforcement Dockets, Associate Judges’ Civil and Family Uncontested List, Bankruptcy Dockets, Contested Motions, Uncontested Passing of Accounts and Hearings for Directions and Matters involving the provision of viva voce evidence).
Manitoba Government Introduces Bill to Recognize Louis Riel as First Premier of Manitoba November 23, 2023 – “The Manitoba government is honouring the legacy of Louis Riel by introducing legislation that would recognize him as the first premier of Manitoba, Premier Wab Kinew, Minister responsible for Intergovernmental Affairs and Indigenous Reconciliation, and Manitoba Métis Federation President David Chartrand announced today.”
Manitoba Government Introduces Legislation to Make Lives More Affordable for Manitobans by Lowering Fuel Taxes November 23, 2023 – “Bill 3, The Fuel Tax Amendment Act (Fuel Tax Holiday) would temporarily reduce the provincial fuel tax rate to zero cents per litre on gasoline, natural gas and diesel fuels for road use. This tax pause would remain in place for six months. During the fuel tax holiday, the 14-cent fuel tax rates on gasoline and diesel used to operate motor vehicles will be eliminated, the minister noted..”
Manitoba Government Establishes Southern Manitoba Cabinet Office November 29, 2023 – “The new initiative will be led by Brandon Burley. Burley was the Mayor of Morden for five years from 2018 to 2023, during which time he served as the director of the Federation of Canadian Municipalities. Prior to holding elected office, Burley was a real estate appraiser. With the position announced today, Burley will serve as a liaison between the premier’s office, cabinet and stakeholders in the Pembina Valley region.”
Manitoba Government Supports Adult Education by Introducing Adult Literacy Act December 1, 2023 – “The adult literacy act establishes and sets the funding eligibility parameters for adult literacy and numeracy programming for Manitobans. The act would ensure the efficacy of literacy programs through program standards and encourage stronger literacy outcomes through a mandated strategy and reporting on outcomes, noted the minister”
The Legislative Assembly of Manitoba First Session, Forty-third Legislature
Government Bills
Introduced
Bill 2 The Louis Riel Act – “The Louis Riel Act bestows the honorary title of “First Premier of Manitoba” on Louis Riel. The Manitoba education curriculum must now include the significant contributions of Louis Riel.”
Bill 3 The Fuel Tax Amendment Act (Fuel Tax Holiday) – “The Fuel Tax Act is amended to provide for a tax holiday from January 1, 2024, to June 30, 2024, for fuel purchased for use in operating motor vehicles, farm trucks and fire fighting equipment. A similar tax holiday is provided for multi-jurisdictional carriers who operate without a carrier licence. Regulations may be made to extend the tax holiday for up to six months or to reduce the applicable tax rate during the period from July 1, 2024, to December 31, 2024.
Bill 4 The Employment Standards Code Amendment and Interpretation Amendment Act (Orange Shirt Day) – ” The Employment Standards Code and The Interpretation Act are amended to observe Orange Shirt Day (National Day for Truth and Reconciliation) as a provincial statutory holiday on September 30. Employers and employees may not substitute a different date for observing Orange Shirt Day. In addition, The Public Schools Act is amended to ensure that, in years when Orange Shirt Day falls on a Saturday or Sunday, schools are closed on the following Monday.”
Bill 5 The Adult Literacy Act – “The Adult Literacy Act requires the minister to develop, implement and evaluate an adult literacy strategy in collaboration with others involved in adult literacy. A component of the strategy is the Manitoba Adult Literacy Program, which supports adult literacy programs.”
We are able to provide pdf copies of journal articles from Westlaw and Quicklaw for members of the Law Society of Manitoba. Email us at library@lawsociety.mb.ca for a copy of any of the following articles. If you are looking for information on a specific issue, let us know and we can look for relevant articles and commentary.
Click on the journal title for the current issue’s content.
Canadian Criminal Law Review
“Are Limits on Granting Credit for Time Served on Remand Constitutional?” 27 Can. Crim. L. Rev. 129 Colton Fehr
“Surreptitious Recordings by Civilians in Criminal Trials: Challenging Their Admissibility at Common Law and under the Charter” 27 Can. Crim. L. Rev. 113 Robert Diab
“Forty Years of the Charter: What We Still Don’t Know” 27 Can. Crim. L. Rev. 149 Steve Coughlan
“L’Effet Friesen: Vers une Plus Grande Répression Pénale des Délinquants Atteints de Troubles Mentaux?” 27 Can. Crim. L. Rev. 185 Gabriel Lefebvre
Canadian Family Law Quarterly
“Private-based Mediation in Family Disputes: Mediator and Client Experiences in Ontario” 42 C.F.L.Q. 131 Rachel Birnbaum
“The Ontario Court of Appeal’s Decision in Ahluwalia v. Ahluwalia — Prudence? Or Opportunity Missed?” 42 C.F.L.Q. 107 Mary-Jo Maur
“Motions for Children’s Counselling Records in Ontario: A Complex and Uneven Terrain” 42 C.F.L.Q. 163 Ian Ross; Samantha Wisnicki
“Child Support Obligations of Stepparents in Canada: “Standing in the Place of a Parent” & the C.S.G s. 5” 42 C.F.L.Q. 197 Nicholas Bala
Canadian Journal of Administrative Law and Practice
“A Conversation with Justice Rosalie Silberman Abella on Being Awarded the 2023 CCAT Medal” 36 Can. J. Admin. L. & Prac. 161
“Re-Locating Discretion Amidst Artificial Administration: An Analysis of Emerging System-Level Bureaucracies in Canada’s Federal Government” 36 Can. J. Admin. L. & Prac. 169 Sarah Grieve
“Appointment to the Federal Court of Canada” 36 Can. J. Admin. L. & Prac. 159 Margaret Leighton, Editor in Chief
“Wall at Five: A Cautious Defence and a Way Forward” 36 Can. J. Admin. L. & Prac. 199 Robert Boissonneault
“Case Comment: McAnsh v. Ontario, 2023 ONSC 3537″ 36 Can. J. Admin. L. & Prac. 221 Brian Cook, Gary Yee
Criminal Law Quarterly
“R. v. Stephan: Failing to Provide the Necessaries of Life in Canadian Criminal Law” 71 C.L.Q. 434 Alexandra Heine
“Revisiting the Role of the Jury, the Concept of Prejudice, and Standards of Review” 71 C.L.Q. 466 Christopher Nowlin
“Bailing Them Out Early: Moving Upstream in the Search for Solutions to the Over-Representation of Indigenous Peoples in Canadian Prisons” 71 C.L.Q. 524 Cheryl Marie Webster
“Correcting Miscarriages of Justice at Sentencing: The Role of a Criminal Cases Review Commission” 71 C.L.Q. 502 Julian V. Roberts and Umar Azmeh
Intellectual Property Journal
“Drafting Copyright Exceptions: From the Law in Books to the Law in Action by Emily Hudson (Cambridge University Press 2020)” 35 I.P.J. 237 Aviv Gaon , Idan Rosenblum
“Nova v. Dow: Intuition or Principle in the Accounting of Profits Remedy, Part I” 35 I.P.J. 249 Norman Siebrasse
“Interviews with Public Officials: Would Donald J. Trump v. Bob Woodward Be Decided Differently in Canada?” 35 I.P.J. 193 Sheldon Burshtein
“The Treatment of Contracts Under Insolvency Law” I.I.C. Art. Vol. 12-9
“Key Considerations in Structuring Insolvency Transactions” I.I.C. Art. Vol. 12-4
“Reverse Vesting Orders: Did We Forget About Creditor Democracy?” I.I.C. Art. Vol. 12-7
“Good Faith or Just Not Bad Faith? Breaking Down the Good Faith Doctrine in Insolvency Law” I.I.C. Art. Vol. 12-3
“Challenges in the CCAA with the Varying Treatment of Pre-Post Set-Off Rights” I.I.C. Art. Vol. 12-1
“Recent Developments under Section 178(1)(a) and (e) of the Bankruptcy and Insolvency Act: A Case Study of Poonian v. British Columbia (Securities Commission)” I.I.C. Art. Vol. 12-6
“Court-Ordered Charges: Reflections on Issues for Secured Creditors” I.I.C. Art. Vol. 12-2
“Pullin’ Back the Reins: Considerations in the Selection of a Stalking Horse bidder and the decision in FreshLocal Solutions Inc. — Are we on the right trail?” I.I.C. Art. Vol. 12-5
“Third-party Releases in Canada and the United States: A Comparison of the Development of the Jurisprudence with a Comment on the Decision In re Purdue Pharma LP” I.I.C. Art. Vol. 12-10
University of Toronto Faculty of Law Review
“Unlocking Pandora’s Box?”: Resolving the Clash of Infrastructure Amidst the Risks of Jury Secrecy” 81 U.T. Fac. L. Rev. 191 Nik Khakhar
“Ten Years Later and Limited Evidence of Progress: An Empirical Analysis of the Effect of R v Ipeelee on the Sentencing of Indigenous Offenders Convicted of Manslaughter” 81 U.T. Fac. L. Rev. 161 David Côté
“Le Profilage Racial: À L’Ombre des Organes de L’Administration Publique au Québec” 81 U.T. Fac. L. Rev. 119 Manar Choukair , Rhita Harim
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 Friday, December 13th at 11:00AM for a special event. Regular library service will resume Monday, December 16th at 8:30AM.
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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