Legislative Update

Government News Releases

Recent Bill Activity

Government Bills

Passed

Private Bills

Passed


See here for the current status of all bills.

Legislature is adjourned until 1:30 p.m., Tuesday, November 15th or at the call of the Speaker.


Regulations
NumberTitleRegisteredPublished
126/2022Moose Conservation Closure Regulation, amendment14 Oct. 202214 Oct. 2022
127/2022Court of Appeal Rules, amendment31 Oct. 202231 Oct. 2022
128/2022Allocation of Hunting Licences Regulation, amendment3 Nov. 20223 Nov. 2022
129/2022General Hunting Regulation, amendment3 Nov. 20223 Nov. 2022
130/2022Hunting Seasons and Bag Limits Regulation, amendment3 Nov. 20223 Nov. 2022
131/2022Airport Vicinity Protection Area Regulation, amendment4 Nov. 20224 Nov. 2022
132/2022Pharmaceutical Regulation, amendment4 Nov. 20224 Nov. 2022

Regulations of Manitoba

New Practice Directions for Remote Hearings

November 3, 2022 – Remote Hearings – Changes to Court of Appeal Rules

“Amendments to Rule 37.2 of the Court of Appeal Rules came into force on October 31, 2022. The use of audio or videoconference technology will become a regular procedure for chambers hearings, while remaining an extraordinary procedure for appeals before a panel.

Requests to Appear Remotely: Parties will no longer be required to bring a motion to appear by audio or videoconference. In all instances, a party should make a written request to the registrar, who maintains discretion to waive or adjust the prescribed timelines. Parties must provide notice of a request to appear remotely to every other party directly affected by the appeal, motion or application.

For Chambers: A request is to be filed with the party’s initiating or responding materials and no later than two (2) business days prior to the hearing. Permission will be granted to the party to appear by their preferred mode, unless the registrar determines that remote participation is not appropriate in the circumstances.

For Appeals: A request is to be filed no later than ten (10) business days prior to the hearing of the appeal and should set out the circumstances giving rise to the request for a remote hearing. Parties may wish to address some or all instances stated in the practice direction. The court or a judge may then permit a party to participate by audioconference or videoconference if they determine there are special circumstances that make remote participation appropriate.

Videoconference Procedure: In preparation for their appearance, parties should refer to the Videoconference Hearing Procedure for Lawyers and Self-Represented Parties. It is recommended that parties conduct a videoconference test call to ensure a stable connection and functioning microphone and video.”

The full notice regarding this update can be found here.


All Court of Appeal notices and practices are available on the Manitoba Courts website.

Blog Round-Up September/October 2022

Collected blog posts from the Manitoba legal community during September and October 2022.

Brodsky Amy & Gould

Fillmore Riley

Matthew Gould Blog (Criminal Law)

MLT Aikins

Robson Crim Legal Blog

TDS law

New Books and Journals Update

This month’s new additions include updated editions to some of our digital books, as well as new journal issues and articles.

These titles are available in our online library resources section for Law Society Member’s
vLex has updated their Irwin Law collection with two updated titles.

Criminal Law 8th ed. by Kent Roach

“The eighth edition of Criminal Law has been thoroughly updated to include new developments. It includes a detailed discussion of R v Brown striking down restrictions on the extreme intoxication defence and the likely parliamentary reply, and Parliament’s reply in Bill C-28. It also examines changes in jury selection upheld in R v Chouhan; important decisions on fault, such as R v Zora, R v Javanmardi, R v Chung, and R v Goforth; and assesses R v Cowan on parties. The discussion of sexual assault has been updated to take into account R v Barton and the possible implications of R v Morrison. The Supreme Court’s first decision under the amended self-defence provisions in R v Khill is reviewed. This new edition also has been revised to include important decisions from the Ontario and Nova Scotia Courts of Appeal on sentencing Black offenders, as well as the Supreme Court’s striking down of mandatory minimum fine surcharges and stacking of twenty-five-year periods of parole ineligibility.” -publisher


International Law, Doctrine, Practice, and Theory 3rd ed. By Craig Forcese

“The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials — including treaties, UN documents, and cases — take readers to the very sources of the rules and principles that comprise modern international law. Extensive and critical commentary on, and analysis of, these primary materials guide the reader to an understanding of the rules, their strengths and weaknesses, and their place in the international legal system. Descriptions of contemporary real-world situations provide concrete context to the discussion.

Remarkable for both its depth and breadth, International Law: Doctrine, Practice, and Theory sets the standard for the study of international law in Canada. It also constitutes an invaluable reference collection for practitioners, judges, and scholars working in this ever-increasingly important area of modern law.” – publisher


Emond’s Criminal Law Series has also been updated with a new edition.

Indigenous People and the Criminal Justice System, 2nd ed. by Jonathan Rudin

“The second edition contains a new chapter devoted to Fetal Alcohol Spectrum Disorder (FASD) and the experiences of FASD-affected individuals in the Canadian Criminal Justice system. It also includes a practical review of the 2019 Final Reports by the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) and the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: listening, reconciliation and progress. This bestseller also features expanded coverage of overrepresentation, sentencing, plea bargains, Gladue principles, and Charter challenges.” – publisher


Journals

New articles from the following 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. Click on the journal title to see full article titles.

Canadian Criminal Law Review vol. 26

  • “Scraping in Cyberspace: Police Entrapment in the Virtual World” 26 Can. Crim. L. Rev. 203 Mathew Zaia
  • “Defending the Castle: Search Incident to Arrest after R. v. Stairs” 26 Can. Crim. L. Rev. 227 Colton Fehr
  • “La Création D’un Tribunal Spécialisé en Matière de Violences Sexuelles et de Violence Conjugale au Québec: Vers une Meilleure Justice?” 26 Can. Crim. L. Rev. 269 Anne-Marie Boisvert
  • “Le Châtiment Corporel des Enfants: L’Article 43 C.cr. n’a Plus sa Place en Droit Canadien” 26 Can. Crim. L. Rev. 241 Maya-Chahinez Oultache

Canadian Family Law Quarterly vol. 41

  • “”Put Bluntly”, We Need to Contemplate Polyamory” 41 C.F.L.Q. 99 Kelsey Beazer; Elizabeth Cameron; Samantha Simpson
  • “Torts and Family Law: What’s New, What’s Old and How To Use” It 41 C.F.L.Q. 23 Mary Jo Maur
  • “Moving Towards a Post-Pandemic “New Normal”: Perspectives of Ontario Family Justice Professionals and Self-Represented Litigant” 41 C.F.L.Q. 1 Claire Houston; Rachel Birnbaum; Nicholas Bala
  • “A Look at Recent Developments in the Law of Contempt” 41 C.F.L.Q. 77 Katherine Cooligan; Brad Yaeger

Canadian Journal of Administrative Law and Practice vol. 35

  • “Case Comment: Law Society of Saskatchewan v. Abrametz.” Fredrick Schumann. 35 Can. J. Admin. L. & Prac. 385.
  • “Vavilov, Reasonableness Review and Logic.” Louis Guilbault. 35 Can. J. Admin. L. & Prac. 287.
  • “Citizenship Revocation in Canada: Dialogue or Defiance?” Ben Lerer, Alex Bogach. 35 Can. J. Admin. L. & Prac. 253.
  • “Jurisdiction and Access to Justice: An Analysis of Human Rights Tribunal of Ontario-Issued Notices of Intent to Dismiss.” Frank Nasca. 35 Can. J. Admin. L. 253.
  • “The Law Society of Ontario’s Duty to Accommodate Mental Disability: Toward a Distinct Regulatory Approach.” David LeMesurier. 35 Can. J. Admin. L. & Prac. 325.

Education and Law Journal vol. 31

  • “The Many Faces of Educational “Choice”: Student Autonomy, Parental Rights, and the “Choice in Education” Threat.” Ned Lecic, Marvin A. Zuker. 31 Educ. & L.J. 83.
  • “At the Intersection of Fairness and Rights: The Ombudsman’s Administrative Oversight of Education in Ontario.” Jean-Frédéric Hübusch. 31 Educ. & L.J. 139.
  • “Ontario’s Teacher-Certification Math Test Unconstitutional Due to Disproportionate Negative Effect on Racialized Candidates.” Max Halparin. 31 Educ. & L.J. 201.
  • “Quebec’s Laicity Act, Teacher, and Dress Codes in Canadian Case Law: Introspection before Legal Action.” Darryl Hunter, Paul Clarke. 31 Educ. & L.J. 169.
  • “Saskatchewan Court of Appeal Rules on Reassignment Grievance at Saskatchewan Polytechnic.” Simone Truemner-Caron. 31 Educ. & L.J. 209.
  • “Mandatory Vaccination in Toronto Schools.” Rebecca Meharchand. 31 Educ. & L.J. 2015.
  • “A Class Complaint Forces the Vancouver School Board to Respond to Charges of Systemic Anti-Black Racism.” Max Halparin. 31 Educ. & L.J. 223.

Intellectual Property Journal vol. 34

  • Book review – Law and Reputation: How the Legal System Shapes Behavior by Producing Information, Roy Shapira (Cambridge, U.K.: Cambridge University Press, 2020) 34 I.P.J. 227 Aviv Gaon

Journal of Parliamentary and Political Law vol. 16

  • “Notable Case Law Concerning Legislative Bodies and Their Members.” Melanie J. Mortensen. 16 J. Parliamentary & Pol. L. 753.
  • “Review of: Behind Closed Doors: The Law and Politics of Cabinet Secrecy by Yan Campagnolo (Vancouver: UBC Press, 2021).” Andrew Flavelle Martin. 16 J. Parliamentary & Pol. L. 771.
  • “How Political Law Enables Authoritarian Opportunity: The Transition to Federalism in Nepal.” Jena Karim. 16. J. Parliamentary & Pol. L. 663.
  • “Attorney General v. Latu, [2021] WSCA 6 (23 July 202) The Court of Appeal of Samoa Has Upheld Democracy, the Rule of Law and the Constitution, by Ending a 15-Week Political Impasse.” Gavin Murphy. 16 J. Parliamentary & Pol. L. 747.
  • “Review of: Laws of the Constitution Consolidated by Donald F. Bur (Edmonton: University of Alberta Press, 2020).” J.W.J. Bowden. 16 J. Parliamentary & Pol. 779.
  • “Law Society of Ontario v. Ghadmari 2021 ONLSTH 45, [2021] LSDD 64 [Ghamari].” Andrew Flavelle Martin. 16 J. Parliamentary & Pol. L. 735.
  • “What Would Aristotle Say?” Gregory Tardi. 16 J. Parliamentary & Pol. L. 591.
  • “Money, Pavement and PEP: Assessing Canada’s New Pre-Election Rules on Third Party Spending.” Dr. Cristine de Clercy, Valere Gaspard. 16 J. Parliamentary & Pol. L. 607.
  • “Can Inmates in Canada’s Penal Institutions Vote? A Transnational Perspective.” Anna Grundmark. 16 J. Parliamentary & Pol. L. 685.
  • “Votes for Women: An Indispensable Step Toward Equality.” Erin Curtis. 16 J. Parliamentary & Pol. L. 713.
  • “The Role of Attorney General and Minister of Justice; The Perspective of an Informed Citizen.” Dawn McKevitt. 16 J. Parliamentary & Pol. L. 703.
  • “Alert! On the Formation of a Democratic Government / Alerte! De la Formation D’un Gouvernement Démocratique.”  16 J. Parliamentary & Pol. L. 567.
  • “The Public Nature of Ministerial Tasks: Mandate Letters before the Supreme Court of Canada.” James L. Turk. 16 J. Parliamentary & Pol. L. 601.
  • ““Ukraine—Crucifixion”: The First-Ever Stationary Exhibition on the Ongoing Russian-Ukrainian War.” Dmytro Hainetdinov.
  • “Lé Fédéralisme Coopératif et les Administrations Publiques au Canada : Terminologies, Modalités, Métaphores.” Dave Guénette. 16 J. Parliamentary & Pol. L.

McGill Journal of Law and Health vol. 15

  • “The Best Interest of the Child and the Limits of Parental Autonomy to Refuse Vaccination” 15 McGill J. L. & Health 65 Alison Braley-Rattai
  • “A Roadmap for Change: International Strategies for Improving End-of-Life Care” 15 McGill J. L. & Health 119 Daphne Gilbert

University of Toronto Law Journal vol. 72

  • “Of Linchpins and Bedrock: Hope, Despair, and Pragmatism in Animal Law” 72 U. Toronto L.J. 468 Jessica Eisen
  • “Heritage Preservation Easements, Urban Property, and Heritage Law: Exploring Canadian Common Law and Civil Law Tools for Responding to International Cultural Preservation Frameworks for Cities” 72 U. Toronto L.J. 436 Sara Gwendolyn Ross
  • “The Death of Law? Computationally Personalized Norms and the Rule of Law” 72 U. Toronto L.J. 373 Timothy Endicott , Karen Yeung
  • “The Judicial Review of Legality”  72 U. Toronto L.J. 403 Natalie R Davidson , Leora Bilsky

New King’s Bench Practice Direction

October 26, 2022 – Civil Uncontested List Telephone Appearances by MB Counsel outside of Winnipeg

” As part of the Court of King’s Bench of Manitoba’s continuing commitment to principles of access to justice, which include reducing regional barriers to accessing the courts, the Court will now offer to Manitoba counsel practicing outside the City of Winnipeg, the option of appearing by telephone on the Civil Uncontested List in the Winnipeg Judicial Centre.”

Conditions and more information are available in the full notice.

For all King’s Bench Notices and Practice Directions see the Manitoba Courts Website.