New Library Resource

The Law of Bail in Canada — 3rd edition by Gary T. Trotter is now available for loan.

A continually updated resource that covers all aspects of judicial interim releases from all jurisdictions across Canada. The latest release highlights recent legislative developments from amendments to the Criminal Code and Youth Criminal Justice acts, as well as discussions to changing terminology.

As always, the library can provide electronic excerpts or sections of the text, within copyright guidelines, by email for those unable to make it to the library in person. Just send us an email with your request.

Legislative Update

Second Session, Forty-Second Legislature

Government Bills

Second Readings

Bill 43 The Civil Service Superannuation Amendment ActHansard

Private Bills

First Reading

Bill 212 The Health Services Insurance Amendment Act (Personal Care Home Guidelines) – This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards for paid care set out in the guidelines are maintained. The minister must also establish standards to ensure that the direct care provided to residents is adequate. Requires reporting of personal care homes and the minister annually detailing reasons for any failing and how care adequately provides for residents.

Check here for the current status of bills.

Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

The current issue, Volume 39 Number 3, May 2020 includes:

From the Law Reports

  • The impact of the Act Respecting the Transfer of Securities and the Establishment of Security Entitlements in Determining the Validity of a Gift under Quebec Law: A Case Comment on Labis v. Labis, by Sharon G. Drucker

From the Legislatures

  • TOSI in the Realm of Trusts and Estates, by Trista Gallant

Articles

  • To Give or Not to Give? An Examination of Bequests in Lieu of Executor’s Compensation, by Jessica Feldman Chittley
  • Estates and Family Law Intersect: Separation from an Incapable Spouse, by Lorisa Stein and Marni M. K. Whitaker
  • Legal Issues Associated with Informal Public Appeals and Crowdfunding, by Johanna C.C. Caithness

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide them, subject to copyright regulations.

New Provincial Court Notices

The following notices have been posted by the Provincial court relating to COVID-19:

Notice – Provincial Offences Act proceedings – Update May 19th – Further to the notices of March 16, 2020 and April 15,2020, the Court Office at 373 Broadway will remain closed to the public until July 6, 2020. There will be limited resumptions of services as well as options for remote dealings. Options for dealing with tickets are provided.

Notice – Teleconference Availability in Provincial Court courtrooms (May 26, 2020) – “Further to the notice issued by the Provincial Court on March 23, 2020. The purpose of this practice notice is to reduce the number of people who are attending to the courthouse, including legal counsel.” Instructions for teleconferences are detailed.

Notice – Pre-Trial Coordinator Timelines (May 28, 2020) – “The timelines as set out in the PTC Protocol will continue to apply but the period of time the out of custody dockets and trials were suspended due to COVID-19 will be deducted from the timeline calculation.” “The PTCs may also entertain longer remands within the timelines in order to prevent unnecessary appearances in Court while COVID-19 restrictions are in place.”

Notice – Update to the Judges and Judicial Justice of the Peace Weekend Bail Courts (May 28, 2020) – “Further to the Court’s Notices of April 9, 2020 and May 6, 2020, the weekend Judge’s dockets will be discontinued and therefore no longer sitting effective June 6, 2020.”

For all court notices regarding disruptions caused by COVID-19 see here.


The Provincial Court has also posted a notice regarding Scheduling of Criminal Code Dispositions – “On June 1, 2020, the Provincial Court Disposition Coordinator will assume the scheduling of all Criminal Code dispositions in Winnipeg” “The process currently used to set dispositions with the disposition coordinators will apply to these disposition courts.”

To stay up to date on all Provincial Court notices and directions please see here.

Legislative Update

Second Session, Forty-Second Legislature

Private Bills

1st Reading

Bill 216: The Abortion Protest Buffer Zone Act – Prohibits certain activities within access zones for clinics and facilities that provide abortion services and for service providers. Also prohibits certain activities within 50 metres of school sites.

Bill 300: The Winnipeg Humane Society Foundation Incorporation Amendment Act – Makes changes to the composition of the board, adjustments to investments and minor amendments

Check here for the current status of bills.

The library will be closed on Monday, May 20th for Victoria Day