Legislative Updates
4th Session of the 41st Legislature
New Bills
Government Bills:
Private Member’s Bills
Check the Bill Status daily to follow the legislative process.
In Force
- Bill 28: The Interim Appropriation Act, 2019 (by Royal Assent)
New Product – American Law Institute Library
Effective April 1, 2019, the library is adding an additional resource to our HeinOnline collection. In addition to the Canada Core Library, we have added the American Law Institute Library.
The American Law Institute
The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.
Instructions on how to access this additional database are included behind the Members’ Portal under “Library Resources”.
Contents Update – Estates, Trusts & Pensions Journal
Volume 38, No. 2 of the Estates, Trusts & Pensions Journal has arrived in the library.
Contents
From the Legislatures
- The Regulation of Ontario Retirement Homes: A Primer for Elder Law Advocates in Ontario by John Risk and Heather Hogan
- The Increasing Exposure of Retirement Savings to Derivative Instruments by Scott McEvoy
Articles
- Rights of Surviving Spouses on Death in Canada by Marni M.K. Whitaker
- Conjugal Succession Rights in British Columbia and the Yukon by Amy Francis
- Comparing Common Law and Marriage Succession Rights in Alberta by Nancy L. Golding
- Spousal Succession Rights Upon Death in Saskatchewan by Kimberly D. Visram
- Entitlements of a Surviving Spouse in Manitoba by Gwen Muirhead
- Rights of Married and Common Law Spouses in Ontario on Death by E. Llana Nakonechny and Zahra Taseer
If you are a member of the Law Society of Manitoba and would like to receive a copy of any of these articles, please contact us at library@lawsociety.mb.ca.
Legislative Updates
4th Session of the 41st Legislature
New Bills
Government Bills:
- Bill 21: The Legislative Building Centennial Restoration and Preservation Act
- Bill 25: The Municipal Amendment and City of Winnipeg Charter Amendment Act
- Bill 28: The Interim Appropriation Act, 2019
Private Member’s Bills:
- Bill 227: The Child and Family Services Amendment Act
- Bill 228: The Sikh Heritage Month Act
Check the Bill Status daily to follow the legislative process. P
Decision of the Week – Charter Challenge for Search under the Traffic Safety Act
A frequent request of the library is for research on the validity of a search of a vehicle. This decision from the Alberta Court of Appeal analyses the steps the police must take to ensure compliance with sections 8, 9, 10 and 24(2) of the Charter.
[3] The appellant appears to urge that this dominant objective in the mind of the police officer, contaminated the interaction with the appellant such as to occasion within the interaction between them the following “cascading” series of Charter breaches: (a) an almost immediate and continuing arbitrary detention contrary to s 9 of the Charter, (b) an improper questioning contrary to s 10 of the Charter, (c) unreasonable searches and seizures under s 8 of the Charter in the forms of a police dog sniffing around the vehicle and a pat down search of the appellant, (d) an unlawful delay in advising the appellant the reason for detention contrary to s 10(a) of the Charter and (e) an unlawful delay of advisement of the appellant’s right to counsel on detention under s 10(b) of the Charter: adapting what this Court said in R v Ali, 2016 ABCA 261 (CanLII) at para 3, [2016] AJ No 914 (QL).2019 ABCA 93
[4] The appellant goes on to say the evidence of the police seizure of hard drugs and a gun with ammunition from the vehicle should be excluded under s 24(2) of the Charter.
What is interesting to me is that Watson, J. references Crozier v. Cundey, a decision of 1827:
[35] For what it is worth, the real mitochondrial father of both discretionary powers and limits thereon by police may be Crozier v Cundey (1827), 6 B&C. 232[1]. There, speaking as if it had long been thus, the King’s Bench noted where police might proceed without warrant and when they might not[2]. Crozier need not be dismissed as merely a quirk of history. Tracing its influence through later cases shows it to be a foundation stone on which a significant part of police authority and its limits came to be constructed over the generations.
R. v. Zolmer, 2019 ABCA 93. H/t to “What’s hot on CanLII”.
Great LEXpectations RSS Feed