CanLII has recently added two new open access eBooks to their commentary database. To stay up to date with CanLII new releases or to see what is popular, be sure to visit their blog at blog.canlii.org.
“Professor Beswick’s course readings are a collection of edited decisions, legislation, and articles designed to support Tort Law courses in (common law) Canada. They are complemented by a series of multiple-choice quizzes and questions that students can complete in their own time. “
Written by a team of 124 leading litigators and legal experts, Civil Procedure and Practice in Ontario is an annotated guide to the Ontario Rules of Civil Procedure, the Courts of Justice Act, and the Limitations Act. It contains helpful commentary that contextualizes and explains the language of the legislation and regulations, along with examples of case law interpreting them.
Lawyers are now able to work in the library after hours. Protective Services will let in lawyers from 4:30 to 10:00 p.m. Monday to Friday, and 10:00 a.m. – 5:00 p.m. on weekends and holidays. Please note that there will be no staff support during those hours.
In February 2020, just before the start of the pandemic, we started a drop-in program to provide legal information and assistance to members of the public who were struggling with dealing with the courts. While the pandemic put a quick end to the drop-in idea, the need for legal information assistance didn’t dry up with it.
Since February 2021, the Law Library Hub has been operating on a virtual basis by appointment only. As of October 4, 2021, we are thrilled to announce we will be open again to in person service.
Under the supervision of a practising lawyer, law students will be available to provide assistance in the Great Library at the Winnipeg Courthouse on Monday afternoons between 1:00 p.m. to 4:00 p.m. Appointments can be booked using the form available here.
This program is run in partnership with the Law Society of Manitoba, Manitoba Department of Justice, Pro Bono Students Canada, and others, and funded by a grant from the Manitoba Law Foundation. The goal of the project remains the same: to provide information and assistance to members of the public. Representation without legal counsel is difficult and challenging, particularly when trying to follow the rules and procedures that the legal system requires, and puts extra pressure on judges and parties who are represented. Additional assistance for self-represented litigants is important in order to increase fairness and access to justice.
As part of the pilot project, data will be collected on the types of problems people are encountering and the number of people the Hub assists.
The latest articles are now available from this month’s legal journal updates. PDF copies of these articles are available by request at library@lawsociety.mb.ca.
Estates Trusts & Pensions Journal Volume 40 Number 4, August 2021
Conflicts when Acting as Trustee and Lawyer 40 Est. Tr. & Pensions J. 347 C. David Freedman
Why Estate Planning Matters for the LGBTQ+ Community 40 Est. Tr. & Pensions J. 356 Darren G. Lund, Brittany Sud
Is There a Limit to the AG’s Parens Patriae Jurisdiction over Charities? 40 Est. Tr. & Pensions J. 377 Joel Nitikman
Canadian Journal of Administrative Law and Practice Volume 34
Abrametz v. Law Society of Saskatchewan, 2020 SKCA 81 34 Can. J. Admin. L. & Prac. 313 Morgana Kellythorne
“While still purporting to apply the Blencoe framework, the Court of Appeal in Abrametz took a broader and more interventionist approach to delay in administrative proceedings, clearly inspired by Jordan. Indeed, the Abrametz approach would extend greater protection from delay to litigants in administrative proceedings than to those in criminal proceedings.”
Wildlife Management, Privative Clauses, Standards of Review, and Inuit Qaujimajatuqangit: The Dimensions of Judicial Review in Nunavut 34 Can. J. Admin. L. & Prac. 265 Daniel W. Dylan
Is the Civil Resolution Tribunal Headed for a Crash–How Will the BCCA Apply the Article 35 Reference to Trial Lawyers 2021? 34 Can. J. Admin. L. & Prac. 231 Josh Hunter
Book Review Rules for a Flat World by Gillian K. Hadfield, Oxford University Press, Paperback Edition, 2020 34 Can. J. Admin. L. & Prac. 323 Voy Stelmaszynski
Canadian Journal of Law and Jurisprudence Volume 34
Radbruch’s Formula Revisited: The Lex Injusta Non Est Lex Maxim in Constitutional Democracies 34 Can. J.L. & Juris. 461 Seow Hon Tan
Why Is Aboriginal Title Property If It Looks Like Sovereignty? 34 Can. J.L. & Juris. 417 Douglas Sanderson (Amo Binashii) , Amitpal C. Singh
The Question to Be Faced Is One of Fact: H.L.A. Hart’s Legal Theory through His View of International Law 34 Can. J.L. & Juris. 283 Giovanni Bisogni
Making What Present Again? A Critique of Argumentative Judicial Representation 34 Can. J.L. & Juris. 259 Donald Bello Hutt
Beyond Reasonableness: The Dignitarian Structure of Human and Constitutional Rights 34 Can. J.L. & Juris. 341 Kai Möller
“The last two decades have witnessed a wide-ranging and global discussion of the theory and structure of human and constitutional rights. This debate initially focused on the principle of proportionality and subsequently on the related ideas of the ‘culture of justification’ and the ‘right to justification.’ There is now a far-reaching agreement that both proportionality and justification in human and constitutional rights law are concerned with the reasonableness, alternatively the justification in terms of public reason, of the act under consideration. Thus, reasonableness and/or public reason have assumed a, perhaps the, central place in the theory of human and constitutional rights. This article challenges this picture as incomplete and unbalanced.”
The Coxford Lecture Corrective Justice and Reparations for Black Slavery 34 Can. J.L. & Juris. 329 Adrienne D. Davis
Recognizing One More Wrong 34 Can. J.L. & Juris. 493 Allan Beever
Introduction and Issue Overview 44 Man. L.J. i Bryan P. Schwartz , Darcy L. MacPherson
Justice Côté in 2019: Great Dissenter, Voice of the Court, or Both? 44 Man. L.J. 1 Sandrine Ampleman-Tremblay
Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s 44 Man. L.J. 36 Gerard J. Kennedy
“This article investigates whether the Supreme Court of Canada’s 2014 decision Hryniak v Mauldin has led to changes in Manitoba procedural law, largely in the summary judgment context. After introducing Hryniak and civil procedure reform’s place in the context of Canada’s access to justice crisis, the author turns to Manitoba. In addition to exploring the regulatory history of explicit changes to Manitoba’s Court of Queen’s Bench Rules, the author delves into Manitoba case law to determine their jurisprudential consequences and whether they have had effects in terms of the frequency that particular rules are used. Ultimately, it is concluded that, despite some potential to be bolder, by and large, Manitoba has prudently charted its own path in this important area of facilitating access to justice.”
Feeling Inadequate: Reframing the Mindsets of Legal Education to Promote Mental Health 44 Man. L.J. 66 Edward Béchard-Torres
Reconsidering Legal Pedagogy: Assessing Trigger Warnings, Evaluative Instruments, and Articling Integration in Canada’s Modern Law School Curricula 44 Man. L.J. 87 Richard Jochelson , James Gacek , David Ireland
Collaborative Law 44 Man. L.J. 121 Brendan Forrest
Alternative Fee Arrangements 44 Man. L.J. 134 Sean Corrigan
What Is Cultural Legal Studies? 44 Man. L.J. 143 Jennifer L. Schulz
Copyright Tariffs Are Not Mandatory, Says Supreme Court of Canada Aug 16 “Copyright users will welcome this decision while copyright collectives may find that it complicates copyright enforcement. Since board-approved tariffs are not mandatory for non-licensees, copyright collectives might need to rethink their strategy. Going forward, copyright collectives may require creators to assign or provide exclusive licenses to their works or, it may lead to creators dealing with users and pursuing infringement directly. The SCC’s decision also offered guidance on how courts could analyze fair dealing in the context of educational institutions.”
Healthy Hire MB Program: Applications Open, Eligibility Expanded July 30 “On June 24, 2021, the Province of Manitoba announced the Healthy Hire Manitoba Program (the “Program”), a new wage subsidy program that will reimburse local employers outside of the public sector who hire or rehire vaccinated employees.”
Canadian Tax Acts Across the Nation Adapt to Online Transactions July 6 “The extension of Manitoba’s sales tax proposes to be in force as of December 1, 2021, making it the last province to target online sellers with provincial sales taxes. The proposed changes suggest that Manitoba believes it will collect over $8 million per year by extending provincial sales taxes to streaming services, online marketplaces and online accommodation platforms.”
The Right to Disconnect July 21 “The Canadian Government has noticed the lines have been blurred between being “at work” and “not at work”. Consequently, it has established the Right to Disconnect Advisory Committee, which began in October 2020 to hold a series of meetings with stakeholders, including the Canadian public, in order to obtain further information surrounding the right to disconnect and consider the logistics of such legislation.”
The Overcriminalization of COVID-19 – Sarah Sharp “COVID-19 poses a serious risk of being misunderstood in the way HIV was when it was first discovered. Information on COVID-19 changes almost daily and new information is constantly being uncovered. As of right now, there are a ton of unknowns about the virus, which means that the justice system risks over-criminalizing COVID-19 due to a lack of knowledge of the realistic risks involved. The justice system should be careful to consider what medical evidence is available, and also be flexible to acknowledge and apply any new scientific discoveries about COVID-19.”
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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