Monday September 7 is Labour Day in Canada, which is a day when we celebrate the achievement of workers’ rights.
In 1872, a printers’ strike fought for a nine hour work day, parading through the streets of Toronto demanding better hours. Soon it gained the attention of Sir John A. MacDonald who would introduce legislation that year that would legalize worker unions in the Trade Union Act. Support grew and soon lead to the declaration of a National Holiday by John Thompson on 23 July 1894.
Amendments to the Law Fees and Probate Charge Regulation (322/87 R) have updated the filing fees for documents in the Court of Queen’s Bench Family Division.
Effective immediately, a Notice of Opposition to Variation has a filing fee of $35.00.
The amended regulation also clarifies the fee for filing a Request for Triage Conference as $35.00.
On August 19, 2020, health orders were issued which rated the Prairie Mountain Health Region a Code Orange – or a restricted designation which indicates community transmission of COVID19 is occurring. Given this, the Manitoba Courts are issuing this Notice, now requiring all persons who enter any court facility where a Code Orange is in place to wear a mask. This currently includes only the Prairie Mountain Health Region. Masks may be non-medical masks and will be available as required at all affected court facilities as of Monday August 31, 2020.
If you practice impaired driving law, you may want to review this decision from Saskatchewan Provincial Court on the constitutional validity of mandatory roadside breath tests as implemented by Bill C-46.
In R. v. Morrison, 2020 SKPC 28, M.M. Baniak, J. delivers a discerning judgment on a variety of issues: notice for delay, a voir dire re Charter challenges blended into the trial itself, analysis of s. 320.27(2) of the Criminal Code including a discussion of Parliament’s legislative intent by analysing the words of the preamble to Bill C-46, and a discussion of the judicial meaning of “immediately”.
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[172] Obviously, s. 320.27(2) also has a deleterious effect. Every person in a free and democratic society should, to the greatest extent possible, be free from a warrantless search or seizure especially when no grounds or reasonable suspicion exist. This becomes even more concerning when that search or seizure incriminates the person.
[173] However, the new provision, even though it eliminates the reasonable suspicion requirement, is grounded to an extent on the premise that it is a supplemental investigative tool that is not determinative of a person’s guilt and is subject to judicial review. The search is restricted to provision of breath samples. It does not extend to a person’s belongings or his living space.
Even if it’s not applicable in Manitoba, I think it’s a good example of all the elements that can be considered in a decision.
The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.
The current issue, Volume 39 Number 4, August 2020 includes:
FROM THE LAW REPORTS
It has been Over 150 Years Since the First Partnership Act was Enacted. Do We Understand Yet The Nature of a Partnership Interest? The High Court of Australia Weighs in on the debate, by Joel Nitikman.
“Not a Case about a Mere Referral”: Reflections on Salomon v. Matte-Thompson, by Lauren Flam
Another Cautionary Tale for Executors: Case Comment on Muth Estate, by Rhonda M. Johnson
Equality, Equity, and Exclusion: The Effect of the Jackson Estate Decision on Common Law Partners, by Richard Niedermayer and Madeleine Coats
ARTICLES
Digital Assets, Cryptocurrencies and Estate Planning, byAaron Grinhaus, Amanda Rosenstock and Raluca Soica
Who Gets What, and When?, by Ari Kaplan
Section 58 – The “Curative” Provision of the Wills, Estates and Succession Act, by Scott Boucher
If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).
Masters’ Court – Notice COVID-19 Procedural Update (August 14, 2020) This notice modifies the May 11th notice with the resumption of Maintenance Enforcement dockets. Debtors scheduled to appear on or after September 8, 2020 are required to attend court in person, or their legal counsel.
Safety procedures are detailed attached to this notice.
Provincial Court of Manitoba: Access to Winnipeg Remand Centre
Access to Winnipeg Remand Centre (August 18, 2020) With ongoing difficulties counsel has accessing their clients, the WRC is again permitting counsel to attend in person as of Wednesday August 19, 2020.
Counsel can still contact their clients by telephone and LVI. Additional directions and safety procedures are detailed in the notice.
For all notices and directions related to Covid-19, click here.
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.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
The library will be remote-access only the morning of Thursday, June 5th 2025. Regular library service and access will resume in the afternoon at 1 p.m.
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