“Further to our meetings with the Thompson Bar and other Justice Stakeholders, as of April 4, 2022, the new scheduling model for the Administration of Adult Criminal matters in Thompson Court Centre takes effect. This Notice does not apply to the Thompson circuit locations. The new scheduling model has been created to increase the efficiency and timeliness of moving matters through the court system.
Links to the documents which have been shared and discussed in advance with the Thompson bar and other stakeholders, are provided below:
The Regional Health Authorities Amendment Act (Health System Governance and Accountability) Part 1, except section 74 insofar as it enacts sections 79.2 and 79.3 sections 77 to 82 and 84 to 90 subsections 91(2) to (16) clauses 91(23)(a) and (e) subsections 91(24) and (25) sections 93 to 97, 99 to 118, 120 to 126 and section 134 except clauses (a) and (b)
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.
Estates Trusts & Pensions Journal, Vol. 41
From the law reports
Roger Lee. Case Comment: Pirani v. Pirani.
from the legislatures
Samantha Nault. Finding the Middle Ground: What Substantial Compliance Means for Ontario.
Aubrie Girou & Catherine Bunio. B.C. Bill-21 and Electronic Wills: Progressive or Problematic?
Christopher J. Marr. New Brunswick’s Enduring Powers of Attorney Act: One Year Later.
articles
Carol Liu. Looking Beyond the Crystal Ball: How Crypto-Wills and Digital Assets Can Change Wills and Estate Planning.
Joel Nitikman. Can a Charity Charge for Filet Mignon?
Ken Vimalesan. Occupational Rent.
Canadian Criminal Law Review, Vol. 26
Yves-Marie Morisette. A Personal Perspective on Judgment Writing.
Maxime Bérubé, Sophie Allard, Vincent Denault. Ensuring the Probative Value of Web Searches as Digital Evidence.
Hugues Parent. La Constitutionnalité de L’Article 33.1 du Code Criminel: Analyse et Commentaires.
Criminal Law Quarterly, Vol. 70
Kent W. Roach. Sexual Assault Law.
Hamish Stewart. The Fault Element of Sexual Assault.
Nick Kaschuk. Intoxication, Sexual Assault, and Consent.
Michael Plaxton. Sexual Assault’s Strangely Intractable Fault Problem.
Noor Sohail. The Probative Value of Sexual History Evidence and the 2019 Trilogy.
Samuel Mazzuca. Regulating the Admissibility & Use of Sexual Inactivity Evidence in Criminal Cases.
Isabel Grant and Janine Benedet. The Meaning of Capacity and Consent in Sexual Assault: R. v. G.F.
Canadian Journal of Administrative Law & Practice, Vol. 35
Christine Hickey. Reasons First: Post-Vavilov Considerations for Tribunal Participation on Judicial Review or Appeal.
John Mark Keyes. Judicial Review of Delegated Legislation–The Road Beyond Vavilov.
Derek McKee. Review of: Joseph Heath, the Machinery of Government: Public Administration and the Liberal State.
Ron Ellis. An Administrative Justice Fix: A Model Act.
Michelle A. Alton. The Evolution of Impartiality and the Need for Cultural Competency when Assessing Credibility.
Prof. Paul Daly. Vavilov on the Road.
Canadian Journal of Law and Jurisprudence, Vol. 35
Omar Farahat. Time and Moral Choice in Islamic Jurisprudence.
Yifat Naftali Ben Zion. Moving Along the Continuum of Loyalty from a Standard Towards Rules.
Clovis Kemmerich. The Interpretation of Court Opinions.
Joshua Neoh. Law, Freedom, and Slavery.
Jeffrey Brand. Character and Repeat-Offender Sentencing.
Andre Santos Campos. The Political Conception of Human Rights and Its Rule(s) of Recognition.
Ya Lan Chang. Communitarianism, Properly Understood.
John Adenitire. The Rule of Law for All Sentient Animals.
Chris Bousquet. Words That Harm: Defending the Dignity Approach to Hate Speech Regulation.
Erick J. Sam. From Each According to Their Ability?
Education and Law Journal, Vol. 3
Shaheen Shariff, Kaelyn Macaulay, Farah Roxanne Stonebanks. What Is the Cost of Free Speech for Entertainment? A Missed Opportunity by the Supreme Court of Canada to Reduce Offensive Speech and Protect Marginalized Youth.
Rebecca Meharchand. “Unfair Dealing”: Mandatory Tariffs under Section 68.2(1) of the Copyright Act Rejected by the Supreme Court of Canada.
Baruch Wise. Vaccines Mandates and Legal Immunity for Ontario’s School Boards.
Ryan Ramdin. “Re-Framing” Student Choice in Ontario College and University Fees.
Aleks Ivovic. Disability Accommodations in University Admissions: A Step Forward for People with Disabilities or for University Autonomy?
Kenneth Wm. Thornicroft. Storming the Ivory Tower–Student Challenges to University Academic Decisions.
Indigenous Law Journal, Vol. 18
Danielle Lussier. Meek – A Legal Love Letter to My Children: If These Beads Could Talk.
Maya Chacaby. Bone Court Trial Transcripts.
University of Toronto Law Journal, Vol. 72
Robert Leckey, Eric Mendelsohn. The Notwithstanding Clause: Legislatures, Courts, and the Electorate.
Peter Jaffey. Remedial Consistency in Private Law.
Ezra Rosser. Hanoch Dagan, A Liberal Theory of Property (Cambridge, UK: Cambridge University Press, 2021).
David Lie, Lisa M Austin, Peter Yi Ping Sun, Wenjun Qiu. Automating Accountability? Privacy Policies, Data Transparency, and the Third Party Problem.
Windsor Yearbook of Access to Justice, Vol. 37
Katie Sykes, Rebecca Dickson, Sarah Ewart, Candice Foulkes, Marina Landry. Civil Revolution: User Experiences with British Columbia’s Online Court.
Hassan M. Ahmad. Judicializing Foreign Affairs: The Canada-Saudi Arms Deal and the Implications of Transnational Tort Litigation.
Dalia Gesualdi-Fecteau, Maxine Visotzky-Charlebois. L’Accès à L’Accompagnement et à la Représentation par les Personnes Accidentées ou Malades du Travail: Une Analyse Sous le Prisme des Coûts de la Justice.
Carol Dauda, Danielle McNabb. Getting to Proportionality: The Trouble with Sentencing for Possession of Child Pornography in Ontario.
Donald J. Netolitzky, Richard Warman. As the Water Grinds the Stone: Comparison of Represented and Self-Represented Appellant Populations in the Federal Court of Appeal.
The Province has announced that the 2022 provincial budget will be delivered on Tuesday, April 12, 2022. The budget will focus on strengthening healthcare, cost of living, community investment, and the environment. Over 51 000 Manitobans were surveyed as part of the Government’s budget consultation process. Read more here.
Introduced
Government Bills
Bill 29The Mennonite College Federation Amendment Act – This Bill amends The Mennonite College Federation Act to reflect the evolution of the Mennonite College Federation into the Canadian Mennonite University.
Bill 30The Police Services Amendment and Law Enforcement Review Amendment Act – The Law Enforcement Review Act is amended by this Bill to extend the time for filing complaints under that Act from 30 days to 180 days. The Bill also establishes The Manitoba Criminal Intelligence Centre (“MCIC”). The Director of Policing may establish standards respecting police service operations, facilities and equipment.
Bill 32The Victims’ Bill of Rights Amendment Act – This Bill amends The Victims’ Bill of Rights to enable the director to pay compensation to the family members of a victim despite the victim’s conviction for certain offences. Currently, family members are ineligible if the victim’s criminal record includes a conviction for any of those offences.
An amendment is also made to allow a victim in a sexual assault case to receive, at no cost, independent legal representation if the victim’s personal information is sought to be used as evidence by the accused.
Bill 33The Municipal Assessment Amendment and Municipal Board Amendment Act – The Municipal Assessment Act is amended to enable a municipality to post assessment information determined by the assessor online; and permit notices and other documents to be sent electronically and to determine when such notices and documents are considered to be received.
The Municipal Board Act is amended to enable the Municipal Board to assist parties in resolving matters without a hearing. Statutory time limits for the board to hear and determine a matter may be extended for up to 60 days to give the board time to provide this assistance. The board is given the power to dismiss a matter without a hearing in certain circumstances and administrative amendments are made concerning filing notices of appeal with the board.
The key changes to The City of Winnipeg Charter are as follows.
Individuals who are not employees of the city may be appointed to act as inspectors and issue orders to remedy contraventions.
The city may serve certain compliance orders and demolition orders by substitutional service, as directed by the district registrar for the Winnipeg Land Titles Office, if it is not reasonably possible to serve the order personally.
The city may now require secondary plans to be prepared and submitted by a property owner before certain applications made by the owner for adoption, or amendment to, a zoning by-law or approval of a plan of subdivision are considered.
Timelines for planning appeals are clarified and may be extended with the agreement of the applicant.
The manner for giving notice of public hearings concerning development applications is updated.
The key changes to The Planning Act are as follows.
Timelines for application processing and planning appeals are clarified and may be extended with the agreement of the applicant.
The deadline for appeal to The Municipal Board is changed from 30 days to 14 days for appeals concerning subdivisions, aggregate quarries and large-scale livestock operations.
The expiry date of an approved variance may be extended for up to three years.
Bill 36The Manitoba Hydro Amendment and Public Utilities Board Amendment Act – This Bill amends The Manitoba Hydro Act and The Public Utilities Board Act and makes related amendments to The Crown Corporations Governance and Accountability Act. Amendments to The Manitoba Hydro Act include changes to electricity rates and gas rates, the development of an Integrated Resource Plan, and approval of major new facilities and contracts. Amendments to The Public Utilities Board Amendment Act include changes to board structure, the funding model, the requirement of a business plan from the PUB, and changes to the hiring of staff and consultants.
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.
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