The Incorporated Council of Law Reporting for England and Wales
Here’s the Weekly Case Law Update for October 15, 2018.
If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be happy to provide those for you.
The Government of Manitoba proclaims the following:
1. The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places) (whole Act)
With the advice and consent of the Executive Council of Manitoba, we name October 17, 2018, as the day on which The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places) (S.M. 2018, c. 18) comes into force.
This Act amends The Non-Smokers Health Protection and Vapour Products Act to prohibit the smoking or vaping of cannabis in outdoor public places and other places specified by regulation. Prohibitions relating to cannabis apply to areas under federal jurisdiction.
The Non-Smokers Health Protection and Vapour Products Act is renamed to reflect the broader regulation of smoking and vaping. Consequential amendments are made to three Acts because of the title change.
2. The Safe and Responsible Retailing of Cannabis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended), (section 2, clauses 3(1)(b) and (c), subsection 3(2), sections 4 to 21 and Parts 2 and 3)
With the advice and consent of the Executive Council of Manitoba, we name October 17, 2018, as the day on which section 2, clauses 3(1)(b) and (c), subsection 3(2), sections 4 to 21 and Parts 2 and 3 of The Safe and Responsible Retailing of Cannabis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended) (S.M. 2018, c. 9) come into force.
This Act amends The Liquor and Gaming Control Act and The Manitoba Liquor and Lotteries Corporation Act to authorize and regulate the retail sale of cannabis in Manitoba when such sales are permitted by the federal government.
The Government of Manitoba recently introduced the following bills:
Third Session, Forty-First Legislature
This Bill amends The Crown Lands Act.
Currently, fees or rent for leases and permits for agricultural Crown lands may be determined by public tender. This Bill enables regulations that provide for public auctions to also be used.
The Bill enables Cabinet to designate certain lands as community pastures and to regulate their use. The purpose of community pastures is to support haying and grazing on rangelands in a manner that conserves the lands’ ecological integrity and biodiversity. Once designated, community pastures must be managed in accordance with this purpose.
Bill 36: The Highway Traffic Amendment Act (Impaired Driving Offences)
On December 18, 2018, The Highway Traffic Act will be amended by The Impaired Driving Offences Act (Various Acts Amended) to reflect changes to the driving-related provisions of the Criminal Code. This Bill corrects a legislative gap created by those amendments.
The October 2018 edition of the Business Law Update has been published. Selected contents include:
The Incorporated Council of Law Reporting for England and Wales
Here’s the Weekly Case Law Update for October 9, 2018.
If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be happy to provide those for you.
As I’ve mentioned before, I read “What’s hot on CanLII” every week to find out what decisions a significant number of viewers found interesting. Sometimes, I make surreptitious finds that I like to share with you.
This week, the number 2 case was R. v. Morris, 2018 ONSC 5186. What was so significant about this case? It was written reasons for sentencing, provided by Nakatsuru, J. The importance of the decision is the language and the writing. Justice Nakatsuru wrote as if he was speaking directly to the offender. He used short sentences, plain English, and he explained every detail of how he came up with his decision and why he chose to accept some evidence even though the Crown objected.
This is not the first time Justice Nakatsuru has written in this manner. In R. v. Armitage, 2015 ONCJ 64, a decision of the Gladue court in Toronto, he also wrote directly to the offender.
I find this approach incredibly heartening. To me, it shows that justice is listening to offenders and not only taking into account their background, but explaining it to them so they can understand. In a law library like we have, we’re surrounded by works that require significant literacy skills to understand. Thank you to J. Nakatsuru for considering his audience while writing his decision.
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