Decision of the Week – S. 2(b) Charter Challenge

This decision by Lanchbery, J. concerns the right of Manitoba Public Insurance to cancel a personalized licence plate (PLP) after allowing the respondent to display it for almost two years. The slogan on the licence plate was based on characters from Star Trek.

[88]      The question before me, is the limit of s. 2(b) rights on PLPs for the purpose to “eliminate the inappropriate/possibly offensive slogans”, reasonable.

Troller v. Manitoba Public Insurance Corporation, 2019 MBQB 157

The parties agreed that the decision to revoke the PLP is a discretionary administrative act of the Registrar (para. 81). Lanchbery, J. found that Charter protections are engaged, but further analysis showed that the actions of MPIC were reasonable.

One interesting fact that came out of this was that MPIC uses the Urban Dictionary as one of its sources to determine whether a potential PLP is offensive.

Legislative update – Speech from the Throne

The second session of the 42nd Legislature has begun, with the Speech from the Throne.

The Manitoba government set out its key priorities to move Manitoba forward with guaranteed tax relief, job growth, health-care investments, education reform, and climate action in the speech from the throne, Premier Brian Pallister announced today.  Delivered by the Chief Justice Richard J.F. Chartier at the opening of the second session of the 42nd legislature, the speech from the throne is an ambitious agenda with over 100 initiatives and at least 20 new bills planned for introduction.

Full details are in this news release.

Library Closure: November 15, 2019

The Manitoba Law Library will  be closing at 11:00 a.m. on Friday, November 15th for a swearing in ceremony reception.

After hours access will be available after 5:00 p.m. on Friday.

Regular hours will resume on Monday, November 18th.

Library Closure: November 8, 2019

The Manitoba Law Library will  be closing at 11:00 a.m. on Friday, November 8th for a swearing-in ceremony reception.

After hours access will be available after 5:00 p.m. on Friday.

Regular hours will resume on Tuesday, November 12th.

Research Tip: Thousands of Canadian Legal Articles Free!

[Reposted with permission from Legal Sourcery, by Ken Fox]

No, I am not talking about HeinOnline. The Law Society of Ontario’s AccessCLE site hosts, at the time of writing, 9,543 CPD articles dating from 2004 to 2019.

Here is an overview of the browsable collection.

With this many articles available at a single source, best bet might be to use search rather than browse – and my preference would be to bypass the single-line command search and go straight to the Advanced Search.

Advanced Search allows you to select searching fields (Title, Author, Full-text, etc) using drop-down menus, and to search multiple fields at once. If I am looking for articles on resulting trusts, I might use the drop-downs to select Article Title, then place my terms in separate boxes. So I am searching for articles that include both words – “resulting” and “trusts” – in the title.

The far right searching column (not appearing in the screen capture here) allows you to select the AND or the OR operator. In this case, I am searching for terms that are complementary, so I use AND. If I were searching for terms that were synonyms or antonyms (e.g. “resulting trusts” and “constructive trusts”) – then I might use OR.

My search has retrieved four hits. Don’t be dissuaded by the low “Relevance” ratings. Clearly these are four articles that feature Resulting Trusts as a principal topic. The latest article is from 2017 and the oldest one is from 2007. And, of course, the PDF buttons in the View column on the far right enable you to view the full-text article.

Not all documents in this database are actually “articles.” Some are PowerPoint presentations or checklists. But after briefly perusing the results of this search and a few others – it looks to me like AccessCLE contains a great wealth of predominantly full-text, substantial legal articles.