by Alissa Schacter Equity Officer and Policy Counsel, The Law Society of Manitoba
The last week of September marked a couple of notable “firsts” for Manitoba’s legal community. The Supreme Court of Canada sat in Winnipeg, marking the first time it has ever sat outside of Ottawa in its 145 year history. In another milestone, Manitobans can now testify in court by holding an eagle feather to signify the truthfulness of their testimony rather than swearing on a Bible or affirming their promise to tell the truth.
On September 26, forty-five eagle feathers were blessed in a sunrise smudging ceremony at Oodena Circle at the Forks and then presented to a joint sitting of the Manitoba Court of Queen’s Bench and Provincial Court in the afternoon. The afternoon ceremony was attended by Indigenous elders, the Supreme Court judges and numerous judges from Manitoba’s Court of Appeal, Court of Queen’s Bench, and Provincial Court, Masters and Judicial Justices of the Peace, as well as members of the RCMP. Some of the attendees danced in their seats to the powerful sounds of Indigenous drumming and singing, which lent the court proceeding a ceremonial air. Elder Ed Azure shared a teaching about the significance of the eagle feather in Indigenous culture: since eagles are able to fly to great heights, close to the heavens, they are regarded as a “messenger from our maker” and their feathers represent honour, achievement, bravery, truth, clarity and service to others. Chief Justice Glenn Joyal and Chief Judge Margaret Wiebe both addressed the court and talked about this (incorporating the eagle feather into court proceedings) as one step on the court’s journey toward reconciliation.
Following the ceremony, the Law Society sponsored a reception in the Great Library and a tribute was made to a special guest in attendance, Marion (Ironquill) Meadmore, the first Indigenous woman to graduate from law school in Canada. She graduated from the University of Manitoba’s Faculty of Law in 1977.
It was a moving ceremony that marked the ground breaking step of incorporating an Indigenous tradition into Manitoba’s justice system.
The front entrance of the Law Courts will be undergoing a renovation commencing on October 15, 2019. The work is expected to last between 12-18 months. During this renovation, anyone wanting to enter the Law Courts will be redirected through the front doors of 405 Broadway. This entrance will see an increased flow of traffic and additional sheriffs will be assigned to the area for the duration of the construction. There will be some challenges as we adjust to these traffic flows, so your cooperation is greatly appreciated.
Given the interconnectedness of the individuals involved in
child protection cases, most often it is better to strive for resolution rather
than litigation. This year’s program will focus on the need for counsel to
adopt a modern, collaborative approach to child protection matters.
Topics will include: -Drug Testing and Reading -Lessons from Dauphin Provincial Court -Intake Court and How to Prepare an Effective Brief -Resources Available to Families Throughout the Province -Mama Mawi Wi Chi Itata – Family Group Conferencing
Presenters Include: From Other Professions Dr. Ginette Poulin, Addictions Foundation of Manitoba Bruce Harper, Absolute Testing Inc. Jackie Anderson, Mama Mawi Wi Chi Itata Centre
From the Manitoba Court of Queen’s Bench The Honourable Madam Justice Gwen B. Hatch (Family Division) The Honourable Madam Justice Kaye E. Dunlop (Family Division) Senior Master Rick Lee
From Manitoba Provincial Court The Honourable Judge Christine Harapiak The Honourable Judge Alain Huberdeau
Counsel Lynda Grimes, Overall, Grimes Kris Janovcik, Tapper Cuddy LLP David Joycey, Barrister & Solicitor Darryl Buxton, Myers LLP Michael Clark, Myers LLP Karen Webb, Burgess Law Office Desiree Dorion, Dawson & Bretecher Meredith Mitchell, Legal Aid Manitoba – Agassiz Law Office Terrance DeLaronde, Cochrane Saxberg, Barristers & Solicitors Spencer Weisensel, Legal Aid Manitoba – Northlands Community Law Centre
Eligibility For CPD Hours: This program may be reported for up to 6 hours of eligible CPD activity, including 1 hours of EPPM.
This Bill amends The Business Names Registration Act, The Cooperatives Act, The Corporations Act and The Partnership Act. The following are the key changes.
Extra-Provincial Registrations
Registrars may enter into agreements with other Canadian jurisdictions respecting the extra-provincial registration of corporations, partnerships and cooperatives. Cabinet may make regulations about these registrations.
Extra-provincial limited partnerships can now be registered in Manitoba.
Extra-provincial limited liability partnerships that have an attorney for service no longer require a registered office in Manitoba.
Supervision of Cooperatives
The Cooperatives Act is amended to authorize the minister to designate a Superintendent of Cooperatives. Those functions of the Registrar of Cooperatives that relate to the supervision over financial matters, the issuing of securities and appeals of membership terminations in a housing cooperative are transferred to the Superintendent. The Registrar is also no longer required to act as an adviser to cooperatives or provide model forms of articles and by-laws to cooperatives.
Ownership Transparency
The Corporations Act and The Cooperatives Act are harmonized with recent changes to federal legislation respecting ownership transparency.
Corporations must maintain a register of individuals who, separately or collectively, exert more than 25% of the shareholder voting rights. Reporting issuers, publicly traded corporations, licensed insurers and loan and trust corporations are exempt from this requirement.
Corporations and cooperatives are no longer allowed to issue options or other instruments that are convertible into bearer form. Holders of such instruments that are in bearer form can require the corporation or cooperative that issued them to convert them into registered form.
*Reinstated from the 4th Session, 41st Legislature
This Bill amends The Legislative Assembly Act and The Legislative Assembly Management Commission Act. The definition “recognized opposition party” and the definition “other opposition party” are changed 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.
To follow the legislative process, be sure to check Bill Status daily.
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.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.