Copyright Tariffs Are Not Mandatory, Says Supreme Court of Canada Aug 16 “Copyright users will welcome this decision while copyright collectives may find that it complicates copyright enforcement. Since board-approved tariffs are not mandatory for non-licensees, copyright collectives might need to rethink their strategy. Going forward, copyright collectives may require creators to assign or provide exclusive licenses to their works or, it may lead to creators dealing with users and pursuing infringement directly. The SCC’s decision also offered guidance on how courts could analyze fair dealing in the context of educational institutions.”
Healthy Hire MB Program: Applications Open, Eligibility Expanded July 30 “On June 24, 2021, the Province of Manitoba announced the Healthy Hire Manitoba Program (the “Program”), a new wage subsidy program that will reimburse local employers outside of the public sector who hire or rehire vaccinated employees.”
Canadian Tax Acts Across the Nation Adapt to Online Transactions July 6 “The extension of Manitoba’s sales tax proposes to be in force as of December 1, 2021, making it the last province to target online sellers with provincial sales taxes. The proposed changes suggest that Manitoba believes it will collect over $8 million per year by extending provincial sales taxes to streaming services, online marketplaces and online accommodation platforms.”
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.”
The Overcriminalization of COVID-19 – Sarah Sharp “COVID-19 poses a serious risk of being misunderstood in the way HIV was when it was first discovered. Information on COVID-19 changes almost daily and new information is constantly being uncovered. As of right now, there are a ton of unknowns about the virus, which means that the justice system risks over-criminalizing COVID-19 due to a lack of knowledge of the realistic risks involved. The justice system should be careful to consider what medical evidence is available, and also be flexible to acknowledge and apply any new scientific discoveries about COVID-19.”
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.
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.
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.”
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.
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.
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.