Supreme Court of Canada on Civility in the Courtroom

The Court just released its decision on Groia v. The Law Society of Upper Canada, 2018 SCC 27, clarifying the test for when a lawyer’s conduct in the courtroom becomes professional misconduct.

In a 6-3 decision authored by Justice  Moldaver, the Court laid out the framework under which lawyers can provide a vigorous defence of their clients. While the Court agreed the law society’s appeal panel adopted the correct test for a finding of professional misconduct, they disagreed with the application.

Since this decision was just released on June 1st, there will be more commentary to come. Keep checking CanLII Connects for more news.

Additional Commentary: 

The Lawyers Daily: SCC rules Groia not guilty, sets test for when lawyers’ incivility in court becomes professional misconduct

Supreme Advocacy

Slaw: “A Trial is not a Tea Party,” is What They will Say by Omar Ha-Redeye

 

New Book Display: Small Business and the Law

On Tuesday, May 29th the Winnipeg Public Library in conjunction with Community Legal Education Association is hosting a free session on Small Business and the Law as part of their Law in the Library program.

Lawyer Samuel Goszer, of Duboff Edwards Haight & Schachter Law Corporation will be speaking on different forms of business organization and licencing and legal requirements.

Registration is required. Click HERE for more information.

To keep up to date with what is happening around Winnipeg, we are featuring a display of some of our texts on business law to help you and your clients.

Titles are:

If you’re looking to take out any of these books, please see a staff member. (48 hour loan period).

Ottawa Proposes Changes to the Divorce Act-Updated

The Minister of Justice, Jody Wilson Raybould, recently introduced Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. This is the first major overhaul to the Divorce Act since the child support guidelines were enacted in 1997.

Some of the reforms included in the Bill include:

  • Establishing a framework for relocating a child;
  • Fleshing out the term “best interest of the child”;
  • Provide for orders requiring contact with a child for another person, e.g. a grandparent.

The federal government has been consulting with members of the family bar and other stakeholders for the past two years in preparation for this bill.

Commentary from The Lawyers Daily: Bar Gives Good Initial Reviews

A Brief Overview of Bill C-78, Part 2, by John-Paul Boyd

A Brief Overview of Bill C-78, Part 1, by John-Paul Boyd

 

Library Closure: May 25

The Manitoba Law Library will  be closing at 11:00 am on Friday, May 25 for a swearing in ceremony reception.

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

Regular hours will resume on Monday, May 28.

Legislative Updates – New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 29: The Wildlife Amendment Act (Safe Hunting and Shared Management)

This Bill contains amendments to The Wildlife Act. They include the following:

  • A general prohibition on night hunting is established. In southern Manitoba, an aboriginal person may hunt at night if they have a permit and are hunting in the area set out in the permit where the department has determined that night hunting may be conducted. An aboriginal person exercising harvesting rights in northern Manitoba may hunt at night if they comply with prohibitions and restrictions established by regulation.
  • Minimum fines are established for persons convicted of dangerous hunting offences.
  • The minister may appoint shared management committees to provide recommendations on the conservation and management of wildlife in a specific area. At least half of the committee members must be aboriginal persons. A shared management committee must also have representation from hunters, outfitters and local land owners.
  • The minister may work with a variety of organizations to encourage private landowners to give consent to enable persons to hunt or trap on their land.

Bill 30: The Statutes Correction and Minor Amendments Act, 2018

This Bill corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts and repeals two municipal Acts.

PLEASE NOTE: The Manitoba Law Library will be closed Monday, September 30th, 2024 for the National Day for Truth and Reconciliation.  Regular library service will resume Tuesday, October 1st, 2024 at 8:30AM.