Courts Transition re Public Health Orders

February 25, 2022 – In light of recent changes to provincial public health orders, the three Manitoba Courts have released a new notice regarding a reopening plan.

With the goal of a June 27th full reopening, in the coming weeks each of the Courts will be announcing a transition to an increased level of service for its respective Court.

This will be applied in all Manitoba court facilities as follows:

Support Persons — April 18, 2022: As of April 18th, there will be an increase from two to five support persons allowed per accused, victim, or child witness.

Masks — May 16, 2022: Until May 16th, masks will continue to be required by all attendees to any court facility in the Province. Masks are available at the entry to all court facilities. Without proof of exemption, any attendees without a mask will be refused entry or asked to leave. Although no longer required after May 16th, mask use will continue to be supported as a means of minimizing the risk of COVID-19 transmission, unless requested otherwise by a presiding judge in the context of a hearing.

Public Access — June 27, 2022: Unlimited access to the courts by members of the public will resume on June 27th. As of this date, there will no longer be any COVID-19 related restrictions in place.

The full notice can be read here.

For all COVID related notices, see the Manitoba Courts webpage.

Lexbox Tip: Track Legislative Changes with Amendment Alerts

Did you know that Lexbox, the free online legal workspace, allows users to set up amendment alerts on CanLII to receive notification that a piece of legislation has changed?

All you need is a free Lexbox account and then sign up for amendment alerts by selecting a piece of legislation on CanLII. Click on the “Set up amendment alert” button and save it to a folder in your Lexbox workspace.

Lexbox will track amendments to the Act and notify you when there are updates. You can receive daily or weekly email alerts, or when you sign in to the Lexbox platform.

Lexbox will even tell you the estimated number of alerts you can expect. For example, 3 alerts per year are expected for The Public Schools Act.

Using amendment alerts with Lexbox is a great way to stay on top of changes to key statutes and regulations for your practice.

Find out more about Lexbox here.

ICYMI: Practice Area Fundamentals

Did you know that the Law Society’s Education Centre updated and added new content to their Practice Area Fundamentals documents last September? Whether you are brushing up on current law and practice in Manitoba or new to a practice area, the Practice Area Fundamentals are a valuable free resource for our Members.

Developed with volunteer lawyers with relevant practice experience, Practice Area Fundamentals update the old Bar Admission (aka CPLED) materials in several practice areas.

Alongside the chapter on Criminal Law, the Education Centre added new chapters in:

Check out the Practice Area Fundamentals section at the Law Society of Manitoba Education Centre.

Provincial Court Notice: Resumption of sittings and special sittings

February 18, 2022 – Provincial Court of Manitoba will begin resuming all regularly scheduled sittings and special sittings effective Monday, February 28, 2022.

“The Court will resume all regularly scheduled sittings and all previously scheduled special sittings in all locations and will resume hearing all matters including trials, preliminary inquiries, dispositions and bail applications in all court centres and circuit locations, subject to specific localized closures. Judicial Justice of the Peace dockets in Thompson circuit locations will continue to be held remotely until further notice.”

“Unless counsel is already appearing on a matter requiring a personal appearance, the presumption that counsel and accused persons will appear remotely continues to apply to all other matters where nothing substantive is expected to take place.”

“The Provincial Court of Manitoba remains closed to members of the general public.”

See the full notice for more details.

All Provincial Court COVID related notices are available on the Manitoba Courts website.

Journals Update

New articles from these journals are now available for Law Society members upon request. For a pdf copy of these or other legal journal articles email us at library@lawsociety.mb.ca.

Provincial Judges Journal

  • Introduction: Establishing an Effective Process for Judicial Compensation
    44 Prov Judges J 16 Susan Dawes
  • Judicial Independence, Judicial Compensation and Responsible Government: Finding a more appropriate balance
    44 Prov Judges J 22 Dr. Paul G. Thomas
  • Recent Developments in Judicial Independence: Judicial compensation commissions
    44 Prov Judges J 62 Notes for Remarks of The Honourable Frank Iacobucci, C.C., Q.C.
  • It’s Not Just About Compensation: Some other thoughts on judicial independence
    44 Prov Judges J 90 Judge Mayland McKimm

McGill Journal of Law and Health (also available on CanLII.org)

  • A Reflection on the Duty to Warn after Létourneau v JTI-MacDonald: A Future for Obesity Litigation in Canada?
    14 McGill J. L. & Health 89 Jacob J Shelley
  • Book Note: Deveault, Audrey & Michaël Lessard, dir, Mourir au 21 Siècle: Entre Corporalités et Technologies, Montréal, Québec, Éditions Yvon Blais, 2020
    15 McGill J. L. & Health 1 Jean-Frédéric Ménard
  • Homologation du Mandat de Protection en cas D’Inaptitude Partielle du Mandant: 10 ans Après LP c FH, où en Sommes-Nous Rendus?
    15 McGill J. L. & Health 5 Anne-Isabelle Cloutier

Canadian Journal of Law and Technology

  • Reframing Technology-Facilitated Gender-Based Violence at the Intersections of Law & Society
    19 Can. J. L. & Tech. 209 Jane Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence
  • Onlife Harms: Uber and Sexual Violence
    19 Can. J. L. & Tech. 277 Amanda Turnbull
  •  “I Bet You Don’t Get What We Get”: An Intersectional Analysis of Technology-Facilitated Violence Experienced by Racialized Women Anti-Violence Online Activists in Canada
    19 Can. J. L. & Tech. 217 Nasreen Rajani
  • Responding to Deficiencies in the Architecture of Privacy: Co-Regulation as the Path Forward for Data Protection on Social Networking Sites
    19 Can. J. L. & Tech. 411 Laurent Crépeau
  • Dignity, Intersectional Gendered Harm, and a Flexible Approach: Analysis of the Right to One’s Image in Quebec
    19 Can. J. L. & Tech. 307 Yuan Stevens
  • Mike Zajko, Telecom Tension: Internet Service Providers and Public Policy in Canada
    19 Can. J. L. & Tech. 505 Matt Malone
  • On the Internet, Nobody Knows You Are a Dog: Contested Authorship of Digital Evidence in Cases of Gender-Based Violence
    19 Can. J. L. & Tech. 371 Suzie Dunn, Moira Aikenhead
  • Bringing Section 8 Home: An Argument for Recognizing a Reasonable Expectation of Privacy in Metadata Collected from Smart Home Devices
    19 Can. J. L. & Tech. 457 Ana Qarri
  • Intimate Images and Authors’ Rights: Non-Consensual Disclosure and the Copyright Disconnect
    19 Can. J. L. & Tech. 333 Meghan Sali
  • “Don’t Take on the Responsibilty of Somebody Else’s Fu**ed up Behavior”: Responding to Online Abuse in the Context of Barriers to Support
    19 Can. J. L. & Tech. 249 Chandell Gosse
  • Artificial Intelligence in Canadian Healthcare: Will the Law Protect Us from Algorithmic Bias Resulting in Discrimination?
    19 Can. J. L. & Tech. 475 Bradley Henderson, Colleen M. Flood, Teresa Scassa

Manitoba Law Journal (also available on CanLII.org)

Vol 44, no 5

  • Decades in Crisis: A Critical Analysis of the Underuse of Sections 81 and 84 of the Corrections and Conditional Release Act and Its Role in the Systemic Neglect of Indigenous Rehabilitation and Reintegration
    44 Man. L.J. 96 Madison Parker
  • A Tale of Two Countries: Constitutionalizing the Mandatory Minimum Sentence
    44 Man. L.J. 149 Bryton M.P. Moen
  • Constitutionalizing Gladue Rights: Critical Perspectives and Prospective Paths Forward
    44 Man. L.J. 29 Hardie Rath-Wilson
  • Making an ‘ASH’ Out of Gladue: The Bowden Experiment
    44 Man. L.J. 1 Jane Dickson
  • Reconsidering Luxton in the Post-Nur Revolution: A Brief Qualitative and Quantitative Analysis of Recent Challenges to Mandatory Minimums and Other Sentencing Provisions
    44 Man. L.J. 124 Stacey M. Purser
  • The Devil’s Playground: A Case Study of Elgin-Middlesex Detention Centre (EMDC) Demonstrating the Systemic Failings of the Ontario Corrections Regime
    44 Man. L.J. 60 Nicole Kelly

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