Manitoba Legal Blog Round-Up July and August

Take a look at these recent blogs and articles collected from the Manitoba legal community during the months of July and August 2021.

Clarke Immigration Law

Matthew Gould Blog (Criminal Law)

MLT Aikins

Pitblado Law Blog

  • Todd Andres Podcast: The Right Way to Fire Someone July 21
  • The Right to Disconnect July 21 “The Canadian Government has noticed the lines have been blurred between being “at work” and “not at work”. Consequently, it has established the Right to Disconnect Advisory Committee, which began in October 2020 to hold a series of meetings with stakeholders, including the Canadian public, in order to obtain further information surrounding the right to disconnect and consider the logistics of such legislation.”

Robson Crim Legal Blog

Taylor McCaffrey

TDS law

Together a collaborative family law blog

Update on Provincial Court COVID Restrictions

Notice: Further Resumptions and Some Continued Restrictions

In line with public health directives, the Provincial court continues re-opening with incremental steps. This follows protocols already in place pursuant to previous Notices of June 23 and July 20, 2021.

The Provincial Court of Manitoba remains closed to members of the general public. The Court will continue to hear all trials, preliminary inquiries and Inquests in the court centres. Beginning August 30, 2021, the presumption that counsel and accused persons will appear remotely will no longer apply to adult matters proceeding to disposition and all matters under the Youth Criminal Justice Act. Child Protection dockets will be held in the community or court centre where they are ordinarily heard.

Additional protocols and information are available in the notice.

New Tools from HeinOnline

HeinOnline.org is a small legal publisher with a big footprint, and it keeps getting bigger.

Heinonline has added another database to its Social Justice Suite with the  Open Society Justice Initiative Database.

The Open Society Justice Initiative is part of the Open Society Foundations. Established in 2003, the Foundation provides expert legal support through strategic human rights litigation and other legal work.

This database is updated continuously with over 300 current titles. With reports, handbooks, briefing papers, legal and policy submissions, and fact sheets exploring and advocating on issues of human rights and justice.

For more information check the blog post, or for full details see the LibGuide.

PathFinder: A Suite of Multidisciplinary Browse and Search Tools

HeinOnline has just added another research tool to make finding by subjects easier and more intuitive.

Subjects are now grouped in a hierarchy of categories letting users easily browse for what they are looking for. Learn more about how to use this new feature here, or take a look at the video below.

New Court Notices

August 19, 2021 – Noting of Default where service is by registered or certified mail under Queen’s Bench Rule 16.03(4)(A)

Due to changes with Canada Post no longer obtaining signatures on registered mail “the Registrar will accept requisitions to note default on a statement of claim where the other requirements to note default are met but the statement of claim was served outside of six months after it was issued and the plaintiff files satisfactory affidavit evidence.”

Notice – Adjustment to Current Scheduling Protocols September 7, 2021 until further notice (August 20, 2021)

In an effort to further the “cautious approach in the transition to further normalization of Court of Queen’s Bench hearings … the court will be further enhancing its in-person judicial service commencing with the fall term on Tuesday, September 7, 2021, until further notice.”

A list of full protocols is provided in the notice.

See here for previous Notices and Practice Directions.

New Proclamations

The Manitoba Government has proclaimed the following two acts to be in force. Two news releases highlight the new changes to access to locked-in pensions, and compensation for juries.

Province Creates a Strong Pension Framework that Guarantees Protected, Secure and Stable Retirement Income for Manitobans” August 17, 2021
“Amendments to the Pension Benefits Act (PBA) through bill 8 and accompanying regulations will modernize the legislation and create a framework that protects individuals in times of financial hardship and provides greater and easier access to locked-in funds…”

The Pension Benefits Amendment Act (whole Act except subsection 10(1), section 11 and clause 17(a))

Proclamation

Province Proclaims Legislation that Increases Juror Diversity, Allows Increase in Juror Pay” August 17, 2021
“As part of the amendments to the Jury Act, jurors will be paid for their attendance starting on the first day of a jury trial. Changes to the jury regulation under the act increase jurors’ compensation to $80 per day.”

The Court Practice and Administration Act (Various Acts Amended) (Part 6)

Proclamation