New Journal Titles from HeinOnline

HeinOnline has added new journal titles to their flagship journal database, the Law Journal Library. We’ve evaluated these new titles and are highlighting the ones we think you’ll be most interested in. All of these journals are available to our members on HeinOnline behind the Law Society Member Portal.


Amicus Curiae

The official journal of the Society for Advanced Legal Studies and the Institute of Advanced Legal Studies. Its mandate is to promote communication and cooperation within the legal community, and covers UK, European, Foreign, International and Comparative Law. This includes Canadian coverage, for example:

  • Corporate Liability for Breaches of Fundamental Human Rights in Canadian Law: Nevsun Resources Limited v Araya
    Amicus CURIAE 505 (2020) Peter Muchlinski
Criminal Justice Studies

A quarterly journal that publishes theoretical, empirical and interpretive studies of crime and criminal justice. The journal focuses on critical assessments of criminal justice policy and practices, with an emphasis on social science methodologies. Published in the US with an international scope, the journal includes Canadian content, for example:

  • Correctional Outcomes of Offenders with Mental Disorders
    27 CRIM. Just. Stud. 63 (2014) Lynn A. Stewart & Geoff Wilton
Refuge: Canada’s Journal on Refugees

A Canadian non-profit, open-access journal that publishes articles from academics, policy-makers, and practitioners in the field of forced migration. The journal offers a mix of social science and legal articles, for example:

  • Not Just the Luck of the Draw? Exploring Competency of Counsel and Other Qualitative Factors in Federal Court Refugee Leave Determinations (2005-2010)
    37 REFUGE 61 (2021) Jamie Liew , Pia Zambelli, Pierre-Andre Theriault & Maureen Silcoff
Research in Law and Economics

This journal covers the intersection of law and economics, providing a mix of legal analysis, policy research, and social science articles. Although largely American in scope, there is some Canadian coverage as well, including:

  • An Economic Justification for a Private Standard in Merger Policy: The Merger of Superior Propane and ICG Propane
    21 Rsch. in L. & ECON. 409 (2004) Richard O. Zerbe Jr. & Sunny Knott
Tocqueville Review

A social science journal in the spirit of Alexis de Tocqueville, with an emphasis on the comparative study of social change. American and French in scope, with articles in English and French. The journal does offer some Canadian coverage with a legal focus, for example:

  • Research Ethics as Social Policy: Some Lessons from Experiences in Canada and the United States
    24 Tocqueville Rev. 61 (2003) Michael McDonald & Eric M. Meslin

To access these titles and more, please visit HeinOnline behind the Law Society Member Portal.

Legislative Update

Introduced

Government Bills

Bill 10 An Act respecting amendments to the Health Services Insurance Act, the Pharmaceutical Act, and Various Corporate Statutes – Amendments to The Health Services Insurance Act and The Pharmaceutical Act would allow point-of-care COVID-19 testing to be done by pharmacists and enable other professions to do so if permitted under The Regulated Health Professions Act. Amendments to The Condominium Act, The Cooperatives Act, The Corporations Act and The Credit Unions and Caisses Populaires Act would enable co-operative, condominium and corporate directors, shareholders, members and unit owners to choose to hold virtual meetings.

Bill 11 The Elections Amendment Act – This Bill amends The Elections Act. Two significant changes are made to enable the use of new technologies, along with a number of other amendments:

    • The Bill permits the Chief Electoral Officer to authorize the use of vote counting machines to count the vote.
    • All advance votes, whether cast by residents of the electoral division or non-residents, will be counted on election night in the electoral division in which they were cast and reported back to the appropriate home electoral division using secure electronic technology.

Bill 12 The Peak of the Market Reorganization Act – Peak of the Market is a corporation incorporated under The Farm Products Marketing Act. This Bill continues it as Peak of the Market NFP Inc., a corporation without share capital under The Corporations Act. The regulations related to Peak of the Market are repealed.

Bill 13 The Social Services Appeal Board Amendment Act – This Bill amends The Social Services Appeal Board Act. The following changes are made to the procedures before the board.

    • An appeal may be heard by a single member of the board.
    • An appeal may be heard in writing or by telephone or other electronic means.
    • The board may dismiss an appeal in certain circumstances, including when the appeal is trivial, not made in good faith or is vexatious.
    • Certain procedural deadlines are extended.
Private Bills

Bill 217 The Fatality Inquiries Amendment Act (Overdose Death Reporting) – This Bill amends The Fatality Inquiries Act to require the chief medical examiner to post a report on a government website setting out the number of drug overdose deaths in Manitoba for each month. The report must also identify the type of drug that is suspected of causing or contributing to each reported death.

For the status of all current bills click here.


Proclamations

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 11The Public Service Act
whole Act
26 Feb 202215 Feb 2022Proclamation
SM 2021, c. 30The Reducing Red Tape and Improving Services Act, 2020
sections 6 to 10
28 Feb 202215 Feb 2022Proclamation

For all current proclamations click here.

Digital Book Display – Evidence

One of the strengths of the Manitoba Law Library is our range of texts on evidence. We have titles specific to criminal law and family law, digital evidence, expert evidence, and section 24(2) of the Charter.

To help you browse, we’ve compiled some of our most recent print and online titles into this virtual book display.


How to use this display

Click on the image of a title you’re interested in to view the catalog listing (includes the abstract and subject headings).

Our library catalog allows you to create a reading list and keep track of titles. Click “select” at the bottom left of the book’s catalog record. You can add as many titles as you like to your list and email or print it for future reference.

We hope you enjoy this digital book display!


Print

The following print titles are available:


The following titles are available in print as well as online in Emond’s Criminal Law Series available through the Law Society Member Portal:

Digital Evidence, 2nd ed.
Digital Evidence:
a practitioner’s handbook

Online

The following titles are available on vLex through the Law Society Member Portal:

Expert Evidence in Criminal Law: the scientific approach
The Law of Evidence, 8th ed.

Journals

We also subscribe to journals that exclusively cover the topic of evidence. These journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:

  • Digital Evidence and Electronic Signature Law Review – vols. 1-18 (2004-2021)
  • International Commentary on Evidence – vols. 1-14 (1998-2016) are available in full text
  • International Journal of Evidence & Proof – vols. 1-22  (1996-2018) are available in full text

New Court Notices as Public Health Orders Change

March 1, 2022 – Adjustments to current scheduling protocols – March 7, 2022 until further notice

“Commencing on Monday, March 7, 2022, the following protocols will be in effect:  All judge-alone and jury criminal trials for both in-custody and out-of-custody accused will proceed as scheduled and in person, including where an accused is self-represented.”

This change includes civil trials, civil hearings where there is to be oral evidence, the Protection Order Hearing List, and JADR’s. All contested applications, motions, summary conviction appeals, and special hearing bails and bail reviews will proceed by video conference. Video conference hearing protocols can be found here.

The new scheduling protocols will be modified on April 4, 2022, and then again on September 6, 2022

The full notice with further details about scheduling protocol modifications can be found here.


March 1, 2022 – Manitoba Court of Queen’s Bench – Masters – Re: Covid-19 update

“The Notices issued by the Manitoba Court of Queen’s Bench Masters on March 17, 2020, April 7, 2020, April 24, 2020 and May 11, 2020, September 1, 2021 and January 14, 2022, are being updated with the changes noted below, which are to take effect March 14, 2022, and continue in place until further notice.”

Maintenance Enforcement Dockets and matters involving the provision of viva voce evidence will return to in-person. Child Protection Dockets, Master’s Civil and Family Uncontested List, Bankruptcy Dockets, Contested Motions, and Uncontested Passing of Accounts and Hearings for Directions will continue via teleconference for the time being.

The full notice regarding these changes can be found here.

For all Court of Queen’s Bench COVID-19 notices, click here.


March 1, 2022 – Resumption of in-person appeal hearings and chambers motions starting Monday, March 14, 2022

“Given the recently announced easing of Public Health Order restrictions that began on February 15, 2022, and, assuming the public health situation remains stable, the Manitoba Court of Appeal will resume its in-person appeal hearings in Courtroom 330 and in-person chambers motions in Courtroom 130 starting on Monday, March 14, 2022.”

Read the full notice here.

For all Court of Appeal COVID-19 notices, click here.

FAQs with John: Historical Point-in-Time Legislation

As a student librarian doing a co-op at the Great Library, one of the first things I learned was locating point-in-time legislation. “Backdating” is the act of tracing the history of an act through its previous versions. In the short time I’ve been at the Great Library, I’ve had several questions about locating historical point-in-time legislation, especially for Manitoba statutes.

I thought I would conduct a quick refresher on how to access these documents using the HeinOnline database behind the Law Society Member Portal.

Let’s say for example you were interested in tracing back the Cemeteries Act to find out what the Act looked like in 1980.

Remember that:

  • Federal statutes were revised in 1886, 1906, 1927, 1952, 1970, and 1985
  • Manitoba statutes were revised 1892, 1902, 1913, 1924 (consolidated amendments), 1940, 1954, 1970, and Re-enacted: 1987-1990

In our example, the closest revision year was 1970. The Cemeteries Act in 1980 will include the 1970 version plus any amendments made up until 1980.

Next, look up the amendments and the 1970 version of the Act. We’ll do this by navigating to the LSM Member Portal and accessing HeinOnline.

Although the year we are interested in is 1980, it’s a good idea to go one year past the year you’re looking for. This way you catch amendments that were made in 1980, but weren’t published until 1981. Select the link for 1980-1981.

Scroll down the left-side menu to click on “List of Statutes in Continuing Consolidation”. Acts are listed alphabetically, and under the Cemeteries Act, we can see the 1970 Revised Statutes of Manitoba version and its chapter, as well as a list of amendments up until 1980, including chapter and section:


The next step is to put all of the amendments into context within the 1970 Act, and then we’ll have a picture of how the Cemeteries Act was comprised in 1980.

For more information about finding historical legislation, access our Finding Point-in-Time Legislation guide in the Legal Ease section of the Great Lexpectations site.

The library will be closed on Monday, August 5 for Terry Fox Day.