by George Roy | Dec 6, 2019 | Book Display, Criminal Law, Impaired Driving, Legislation
New impaired driving legislation is coming into effect on December 16, 2019 that adds stricter penalties for impaired driving, including immediate roadside prohibition.
These new rules are summarized here.
To help understand these changes, we have displayed relevant print and online resources.
For print items in the library see:
- Impaired driving in Canada (4th edition) by Joseph F. Kenkel
- Defending drinking and driving cases by Alan D. Gold
- A guide to breathalyzer certificates in Canada by Alan Pearse
- Impaired driving in Canada, 2012-2013 ed. By Joseph F. Kenkel
- Impaired driving in Canada by Joseph F. Kenkel
- Impaired driving and breathalyzer law : recent case law prepared by Keith R. Hamilton
- Breathalyzer law in Canada : the prosecution and defence of drinking and driving offences (4th edition)
- Journal of motor vehicle law
In our online collection we have:
From the Emond collection available behind the member’s portal,
Impaired driving and other criminal code driving offences: A practitioner’s handbook by Karen Jokinen , Peter Keen
And from the Irwin Law collection on desLibris:
Drug-Impaired Driving in Canada by Nathan Baker
As well as eNewsletters such as
Impaired Driving NetLetter(TM) by the Hon. Justice Joseph F. Kenkel
by George Roy | Dec 4, 2019 | Bill Status, Legislation, New Bills
2nd Session, 42nd Legislature
New Bills
GOVERNMENT BILLS
Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with a number of changes made in response to recommendations from the Manitoba Pension Commission. These changes include how pension plan members contribute, determine benefits, withdraw funds, and other important changes.
Bill 9 The Public Services Sustainability Amendment Act – amends The Public Services Sustainability Act by setting the start and duration of a sustainability period by regulation, limiting increases in pay during a sustainability period, giving the minister power to approve modest increases in pay, detailing compensation changes, and other clarifications.
Bill 10 The Regional Health Authorities Amendment Act (Health System Governance and Accountability) – amends the Act to consolidate administrative services related to health care and to centralize the delivery of certain health services across Manitoba. The Act is renamed The Health System Governance and Accountability Act.
Bill 11 The Minor Amendments and Corrections Act, 2019 – corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts.
Bill 12 The Workplace Safety and Health Amendment Act – makes the following amendments to The Workplace Safety and Health Act: a discriminatory action is now referred to as a reprisal; the position of the chief prevention officer is eliminated; a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal; an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months; and maximum fines for offences under the Act are increased.
Bill 14 The Public Sector Construction Projects (Tendering) Act – concerns tenders issued by government and other public sector bodies in relation to construction projects. It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project. Related amendments are included.
Bill 16 The Labour Relations Amendment Act – amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector. The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed. The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.
Bill 17 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal) – amends The Manitoba Public Insurance Corporation Act to establish the claim dispute tribunal. The tribunal is an independent body that has exclusive jurisdiction to resolve a dispute between an insured person and MPIC concerning vehicle repairs or the amount payable when a vehicle is damaged. In addition, the tribunal may resolve a dispute about MPIC’s determination of liability for an accident or a decision to deny coverage, unless the insured person elects to have those matters determined by the court instead.
Bill 19 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba. The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers’ council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.
Bill 21 The Workers Compensation Amendment Act – amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board (“WCB”) and to respond to the 2016-2017 recommendations of the Legislative Review Committee. It includes significant changes to governance, coverage and assessment, compensation, administration, and enforcement.
PRIVATE BILLS
Bill 203 The Climate and Green Plan Amendment Act (Improved Climate Change Targets and Enhanced Ministerial Accountability) – This Bill amends The Climate and Green Plan Act to change how reduction targets for greenhouse gas emissions are established and reported and to reduce ministers’ salaries until the targets are achieved.
Bill Status
SECOND READING
Bill 7 – The Employment Standards Code Amendment Act – Dec. 2, 2019
Check the Bill Status to follow the legislative process.
by George Roy | Nov 26, 2019 | Legislation, New Bills, Proclamations
2nd Session, 42nd Legislature
New Bills
Government Bills
Bill 2 The Retail Business Hours Of Operation Act – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters.
Bill 3 The Liquor, Gaming and
Cannabis Control Amendment Act – This Bill amends The Liquor,
Gaming and Cannabis Control Act to make it a term of the agreement
that the operator of a cannabis store must pay to the government a social
responsibility fee. The fee is 6% of the operator’s annual cannabis sales
revenue or the amount set by regulation.
Bill 4 The Manitoba Hydro Amendment
Act – This Bill amends The
Manitoba Hydro Act to increase the borrowing authority granted to
Manitoba Hydro. Currently, Manitoba Hydro may borrow up to $500 million for
temporary purposes. This amendment authorizes borrowing up to $1.5 billion for
those purposes.
Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends the Act to prohibit cannabis consumption in public places, unless the consumption is permitted by regulation or under The Smoking and Vapour Products Control Act.
Bill 6 The Planning Amendment Act
– This Bill amends The Planning Act to provide that the
council of the City of Brandon is the approving authority for the subdivision
of land in Brandon.
Bill 7 The Employment Standards
Code Amendment Act (Leave for Victims of Interpersonal Violence) – Currently,
an employee who is a victim of domestic violence may take a leave from work under The Employment
Standards Code. This Bill expands leave eligibility to an employee who is a
victim of sexual violence or stalking.
Private Bills
Bill 200 The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act – This Bill amends these Acts to change the definition “recognized opposition party” and the definition “other opposition party” to include political parties that are represented in the Assembly by two or more members, provided that the party’s candidates received at least 10% of the votes cast in the last general election. Such a party and its members are not immediately entitled to any additional funding, salaries or allowances.
Bill 201 The Vital Statistics
Amendment Act – This Bill amends The Vital Statistics Act to
provide that the birth certificate and other official documents of a person who
has changed their sex designation may contain no sex designation or may use an
“X”.
Proclamations
SM 2019, c. 16 The Courts Modernization Act – “With the advice and consent of the Executive Council of Manitoba, we name January 1, 2020, as the day on which sections 7, 8, 12, 16, 17, 20 to 23 and 25 of The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) come into force.”
by George Roy | Nov 21, 2019 | Blogs, Commentary, Current Awareness
A monthly round-up of blog posts from the Manitoba legal community for the months of October and November
Clarke Immigration law
Lawyer Fees Online October 1, 2019
Robson Crim Legal Blog
Indeterminate Sentencing: Rehabilitation or Damnation? October 9, 2019 A. Homenko
False Witness Testimony Through the Lens of the Milgaard Story October 16, 2019, A. Homenko
The Criminal Justice System and Mental Health October 22, 2019, H. Allardyce
The Mandatory Minimum Fairy Tale October 23, 2019, A. Homenko
Criminal Charges and the Intersection of Immigration October 25, 2019, S Thiessen
Jury Representation: A wider view than the possible issue within peremptory challenges October 28, 2019, M Lawrence
Prostitution and Feminism: The Varying Perspectives on Laws Forbidding Sex Work October 29, 2019, H. Allardyce
Presumption of Innocence Diminished to Rhetoric October 30, 2019, A. Homenko
A Tailored Response to Criticisms of Courts Striking Down Mandatory Minimum Sentencing Provisions November 5, 2019, R Ziegler
A Comment on the Fleming 2019 Case November 6, 2019, B Roberts
Solitary Confinement for Incarcerated Youth: Further Exacerbating the Problem November 7, 2019, S Thiessen
High and Dry: Practical Issues with the Cannabis Act, Bill C-46, and Bingley November 12, 2019, R Ziegler
An Application for Ministerial Review: Brian Anderson’s Battle for Exoneration November 14, 2019, M Lawrence
The Significance of Mismatched Semantics Between Crown and Police First Party Disclosure Obligations from in R v Gubbins November 19, 2019 R Ziegler
Matthew Gould Blog
Consequences of Assault Offences in Canada October 10, 2019
What Are Your Rights For Enforcing Against A Landlord? November 7, 2019
MLT Aikins
5-year Travel Bans: An Increasing Concern for Canadians Travelling to the U.S. for Work or Pleasure
Travelling to the U.S. for Work? Avoid Delays and Refusals at the Border by Being Prepared
Normal Anxiety or Mental Illness? A Guide for Employers
Cascading Derivative Assessments and Preconditions to Liability under sections 160 and 227.1 of the Income Tax Act: Colitto v. Her Majesty the Queen, 2019 TCC 88
Can Private Property Owners Ban Drone Overflights?
Data Breach Reports Skyrocket in First Year of Mandatory Breach Reporting
Keeping the Faith — Five Years After Bhasin v Hrynew
TDSlaw
Trademark Security Interests in Canada November 18, 2019
Broader Protection for IP Licensees In Insolvency Proceedings Comes Into Effect On November 1, 2019 November 04, 2019
The California Consumer Privacy Act and Its Impact on Canadian Businesses October 29, 2019
Navigating Canadian Cannabis Promotion Restrictions – The Swag Exception October 24, 2019
by George Roy | Nov 18, 2019 | Criminal Law
On behalf of Public Prosecution Service of Canada:
Regarding Fentanyl and Acetylfentanyl Certificates
Since February 22, 2018, all Fentanyl Certificates of Analyst that the Public Prosecution Service of Canada has received from Health Canada’s Drug Analysis Service have stated that they analysed the substance to be “Fentanyl or an isomer thereof.” The Controlled Drugs and Substances Act (CDSA) Schedule I, item 16, does not list “isomers” as one of the included substances of Fentanyl. However, we have recently been advised by Health Canada that Fentanyl, as listed at subitem 16(5) in Schedule I of the CDSA, and Acetylfentanyl, not listed but captured under item 16 in Schedule I of the CDSA, currently have no known isomers that could have been seized and analyzed by Health Canada. As a result, for all Certificates of Analysis that say “fentanyl, or its isomers”, the substance referred to was Fentanyl, and for “Acetylfentnayl, or its isomers”, the substance referred to was Acetylfentanyl.
For a copy of the Health Canada notice or any further information about this subject, please contact Health Canada at https://www.canada.ca/en/health-canada/services/healthconcerns/controlled-substances-precursor-chemicals/drug-analysis-service.html#a3 or your local PPSC office at 515-234 Donald, Winnipeg, Manitoba R3C 1M8 or Janna Hyman, General Counsel, (204) 984-0493.