New Print Books from Emond

New print copies of Emond’s Criminal law series are now available. A reminder that all our reserve books are available for members to borow for two days, or two weeks for items from the regular collection.

Online access is also available for Digital Evidence, Search and Seizure, and Prosecuting and Defending Fraud Cases, as well as the rest of the Criminal Law Series in the Library Resources section of the member portal.

Digital Evidence — 2nd ed. – “This is the first comprehensive text on this facet of law. It is designed to clarify the nuances of the authentication and admissibility of digital evidence, privacy rights, the uses and limits of social media evidence, and the search and seizure of electronic devices. This text also explores the ways in which law enforcement can access digital data in the hands of third parties, including the various powers created by Bill C-13 (S.C. 2014, c. 31 Protecting Canadians from Online Crime Act).”

Search and Seizure – “Search and Seizure provides a practical examination of the evolving body of legal rules and principles that govern how reasonable searches and seizures are conducted. In particular, it considers the increased complexity of assessing a person’s reasonable expectation of privacy in the digital age. This handbook addresses central concerns and relevant topics such as Section 487 Search Warrants, computer device searches, warrantless searches, and exclusion of evidence.”

Modern Criminal Evidence – “the first major treatise to provide a truly practical and comprehensive guide to criminal evidence law in Canada. Unlike other texts in this area, this book’s practical approach guides readers through evidentiary issues in all components of criminal law, providing indispensable insight from Crown, defence, and judicial perspectives.”

Prosecuting and Defending Fraud Cases, 2nd ed. – “prepares readers to properly litigate fraud cases, examining both prosecutorial and defence perspectives. Guiding readers step by step throughout the process of a fraud case, this practical resource weaves strategic information with case law analysis and relevant provisions of the Criminal Code. This edition features up-to-date legislation, additional content, updated charts, and a new chapter on cyber fraud in Canada.”

Journals Update

The latest issues of these journals are out and available for members. PDF copies of these articles are available upon request following copyright fair use guidelines. Contact us at library@lawsociety.mb.ca for more information.

Estates Trusts & Pensions Journal

From the Law Reports
  • Identity and Cy-prés: Galloway Estate v. B.C. SPCA – A comment
    Donavan Waters
  • Calmusky v. Calmusky: A Novel Application of the Presumption of Resulting Trust or an Outlier?
    Lisa Filgiano
  • No Accounting Ordered for Inter Vivos Gifts by Competent Testator: Duhn Estate
    Nora Christianson Fien
  • Nova Scotia (Attorney General) v. Lawen Estate: A Case Comment
    Jane Thomson
  • Sherman Estate v. Donovan: When is Privacy a Publicly Protectable Interest?
    David Young
  • Postscript from Québec
    Marilyn Piccini Roy
From the Legislature
  • Acknowledging Acknowledgments: Another Option?
    Ian Lebane
Articles
  • Exploring the Limits of an Attorney for Property’s Authority Under the Substitute Decisions Act, 1992
    Melanie Yach

Canadian Family Law Quarterly

  • Tax Efficient Solutions to Division of Corporate Property: Can The Court Order A Corporate Reorganization?
    40 C.F.L.Q. 49 Scott Booth
  • Ontario’s Family Law Limited Scope Services Project: Rhetoric and Realities of the Family Bar Addressing Access to Justice Challenges
    40 C.F.L.Q. 1 Rachel Birnbaum; Nicholas Bala
  • Focused Hearings
    40 C.F.L.Q. 87 Justice Stanley Sherr
  • Retroactive Support After Colucci
    40 C.F.L.Q. 61 Rollie Thompson

National Journal of Constitutional Law

  • A Question of Law: (Formal) Declarations of Invalidity and the Doctrine of Stare Decisis
    42 Nat’l J. Const. L. 1 Alexandre Marcotte
  • The Effect of Declarations of Unconstitutionality in Canada
    42 Nat’l J. Const. L. 25 Paul Daly, Jeremy Opolsky, Jake Babad, Julie Lowenstein
  • La Temporalité des Jugements D’Inconstitutionnalité des Lois au Canada: Ce que L’on Dit Être Leur Rétroactivité
    42 Nat’l J. Const. L. 63 Danielle Pinard

McGill Law Journal

  • Domestic Contracts and Family Law Exceptionalism: An Historical Perspective
    66 McGill L.J. 303 Luke Taylor
  • Religious Challenges to Anti-Discrimination Law: The Mobilization of the “Minority Label” 
    66 McGill L.J. 377 Léa Brière-Godbout, Marie-Andrée Plante
  • Creative and Responsive Advocacy for Reconciliation: The Application of Gladue Principles in Administrative Lawl
    66 McGill L.J. 337 Andrew Flavelle Martin
  • L’indépendance du Québec et le Choix Autochtone de la Continuité Canadienne
    66 McGill L.J. 253 Ghislain Otis, Aurélie Laurent

Court of Appeal Notice – Protocol for Articling Students

The Court of Appeal has released a new notice to the profession that articling students-at-law are no longer permitted to appear as counsel to argue a substantive appeal. An articling student may appear in a chambers matter where the presiding chambers judge grants permission. See below for the full notice.

December 8, 2021 – Protocol on Articling Students appearing in the Manitoba Court of Appeal

See here for all Court of Appeal Notices.

Blog Round-up November 2021

A round-up of blog posts from the Manitoba legal community in November 2021

Clarke Immigration Law
Matthew Gould Blog (Criminal Law)
MLT Aikins
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Pitblado Law Blog
  • Pitblado wins at the Supreme Court November 29, 2021 – “The Supreme Court rules that an employment discrimination dispute involving a unionized worker should be settled by a labour arbitrator appointed under the collective agreement, not by a human rights adjudicator.”
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TDS law
  • Top 10 Employment Law Basics December 3, 2021
  • Misgendering Employees Can Result In Damages Against Employers November 23, 2021 – “Two recent decisions of Human Rights Tribunals in Ontario (EN v Gallagher’s Bar and Lounge, 2021 HRTO 240) and British Columbia (Nelson v Goodberry Restaurant Group Ltd. dba Buono Osteria and others, 2021 BCHRT 137) highlight the importance of employers respecting the preferred pronouns of their employees, and the potential consequences should an employer fail to show such respect.”
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The library will be closed on Monday, August 5 for Terry Fox Day.