Bill 211 The Manitoba Hydro Amendment Act (Referendum Before Privatization of Subsidiary) – amends The Manitoba Hydro Act. Currently, the government may introduce a bill to privatize Manitoba Hydro only after a referendum has been held in which the majority of voters have approved the privatization. The amendment clarifies that the referendum requirement also applies to the privatization of any subsidiary of Manitoba Hydro.
Bill 244 The Protecting Youth in Sports Act – A sports organization or association that receives government funding, a school division or an independent school must ensure that every coach: completes training in the prevention of sexual abuse, harassment, abuse and bullying in sport before commencing coaching youths; and undertakes not to host a young athlete in the coach’s home without prior permission of the athlete’s parent and, in the case of a student participating in an extra-curricular athletic activity, the principal of the student’s school.
On October 1, 2022, amendments to King’s Bench Rules 74 and 75, regarding Probate, come into effect. The primary objective of the new rules is to eliminate jargon and use plain language to make the rules easier to understand.
Along with new rules, come new forms. There will be a little leeway to allow the profession to get used to the new forms, but members could face the risk of having their documents rejected for lack of compliance.
Make sure you and your team are using the correct forms.
“Where counsel to an accused in a criminal case is moving to withdraw as counsel, the motion to withdraw is returnable before the pre-trial conference judge (and is not returnable on the Criminal Motions and Bails List).
To obtain a date before the pre-trial conference judge, counsel may contact the trial coordinator by email. This approach permits the pre-trial conference judge (who has background regarding the case) to canvass with counsel and the accused how to mitigate the effect a potential withdrawal by counsel may have on the previously scheduled trial which is otherwise required to promptly proceed forward absent exceptional circumstances. To similarly minimize the impact of a withdrawal by counsel (either on the trial or the accused’s desire to be represented by available counsel at trial), a motion to withdraw as counsel should be brought as soon as possible. In those situations where a motion to withdraw is filed within days of the scheduled trial date, it may be that the motion is heard by the trial judge.”
“Further to the Notice issued on June 9, 2022 concerning the return to in-person proceedings effective September 6, 2022, the Masters have had some time to consider the issue of attendance of children aged 12 and over at the Masters’ Child Protection Dockets.”
“… [G]iven the very specific legislative requirement pursuant to section 33(2) of The Child and Family Services Act, C.C.S.M. c. C80, impacted children aged 12 and over need to be served, and brought to court to address their rights. This return to pre-pandemic practice will be effective immediately.”
The full notice regarding this update can be found here.
September 30th will be the second National Day for Truth and Reconciliation, a day of reflection on the history and legacy of the residential school system, honouring the survivors, family members and communities affected. This year the Manitoba courts will not be sitting as per last year’s notice, and the courthouse will also be closed. The library will be open, providing service either by phone or email.
If you wish to learn more about Indigenous Laws and history, the Library has texts and resources available both in print and online.
The Missing Children Project Stephanie Jansen Thousands of Aboriginal children are missing or unaccounted for. The Truth and Reconciliation Commission wants to know what happened to them.
“The Indian Residential School Survivor Society (IRSSS) is a provincial organization with a twenty-year history of providing services to Indian Residential School Survivors. The Indian Residential School Survivors Society began in 1994 as a working committee of the First Nations Summit. We were known as the Residential School Project, housed out of and as a part of the BC First Nations Summit. Our work was primarily to assist Survivors with the litigation process pertaining to Residential School abuses. In more recent years our work has expanded to include assisting the descendants of Survivors and implementing Community education measures (Indigenous & Non-Indigenous).”
“Orange Shirt Day is a legacy of the St. Joseph Mission (SJM) Residential School (1891-1981) Commemoration Project and Reunion events that took place in Williams Lake, BC, Canada, in May 2013. This project was the vision of Esketemc (Alkali Lake) Chief Fred Robbins, who is a former student himself. It brought together former students and their families from the Secwepemc, Tsilhqot’in, Southern Dakelh and St’at’imc Nations along with the Cariboo Regional District, the Mayors and municipalities, School Districts and civic organizations in the Cariboo Region. “The events were designed to commemorate the residential school experience, to witness and honour the healing journey of the survivors and their families, and to commit to the ongoing process of reconciliation. Chief Justice Murray Sinclair challenged all of the participants to keep the reconciliation process alive, as a result of the realization that every former student had similar stories.”
A new King means a lot of change for the legal community. The names and titles of a monarch are ingrained in the statutes of Manitoba since it was established. They have been adapted as needed, starting with the Court of King’s Bench of Manitoba.
The History of the Court of Queen’s Bench act.
There are probably only a few people around today that remember when it used to be called the King’s Bench, but the court has seen its share of name changes in its history. When the courts were first established in Manitoba, Queen Victoria was sovereign.
Originally, in 1871, the court was actually to be the called “The Supreme Court”:
1871 34 Vict Cap. 2
But that didn’t last long. The very next year the court was changed to reflect the role of the Queen, and already there were provisions should a King ascended to the throne.
1872 35 Vict Cap 3
The 1880 consolidation Chapter 31 stayed that way –
until the reign of Edward VII substituted the new title in 1901.
The 1902 consolidation would add some clarification to ongoing cases still in the King’s, or Queen’s, name.
And with the rise of Queen Elizabeth II in 1952 the title would change again.
1952 S.M. Ch. 13
While it’s still called “The Queen’s Bench Act” (C.C.S.M. c. C280) today, the provision for naming remains. Maybe some extra paperwork could have been saved in the last 150 years had they just stuck with “Supreme Court.”
Queen’s Counsel to King’s Counsel
Another piece of legislation to be updated involves the practice of appointing Queen’s Counsel. The practice was enacted in Manitoba in 1909 with King Edward.
1909 SM C.28 (9 Ed. VII cap. 28)
The practice would continue with TheLaw society Act, 1954 RSM Ch. 139.
One last small change to keep in mind is the change in the neutral citations for decisions. The most recent decisions from the King’s Bench have already adopted the MBKB citation.
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.
Please note: The library will be closing early on Thursday, April 17th at 11:00AM for a special event. Regular library service will resume Tuesday, April 22nd at 8:30AM.
The Winnipeg Court Complex will be closed April 18th and April 21st. Manitoba Law Library staff will not be onsite during the holiday, but will be available by email on Monday, April 21st. Regular library service will resume Tuesday, April 22nd at 8:30AM.
Please note: The Winnipeg Law Courts will be closed April 18th and April 21st. The Library is closed Friday. Manitoba Law Library staff will be available by email on Monday, April 21st. Regular library service will resume Tuesday, April 22nd at 8:30AM.
Great LEXpectations RSS Feed