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.

Notice to the Profession

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.

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.

Book Display – Isaac Pitblado Lecture Series

The Isaac Pitblado lectures are an annual series of lectures in honour of the life and work of Isaac Pitblado, an important figure in Manitoba’s legal profession.

Presented here are a selection of lectures ranging from the beginnings in 1960 up until the present day. It gives an idea of the wide range of topics covered in lectures; from estate planning and income tax law, through the changes of technology and legislation, up to current topics such as access to justice and the future of the legal profession.

The next Isaac Pitblado Lecture is taking place on November 8 at the Fort Garry Place Conference Centre, entitled “Capacity to Decide: Planning for Death and Dying”

Please note: The library will be closed on Tuesday, November 11th, 2024.  Regular library service will resume Wednesday, November 12th at 8:30AM.