Legislative Update – New Proclamation

The Government has issued the following Proclamation:

The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended) (S.M. 2019, c. 25)

  • sections 1, 2 and 9 and Parts 2 and 3 come into force on April 9, 2020
  • sections 3 to 8 and Part 4 to come into force on June 27, 2020

This act deals with Extra-Provincial Registrations, Supervision of Cooperatives, and Ownership Transparency. It makes amendments to The Business Names Registration Act, The Cooperatives Act, The Corporations Act and The Partnership Act.

Manitoba Courts Notice to the Profession

A new notice to the profession has been posted from all three courts detailing further restriction of access to the courthouses. This notice will limit the number of support persons to two per accused or victim.

It also reminds counsel to respect social distancing and maintaining a two meter gap.

To see the whole notice, please click here.

New Government of Manitoba Measures

The government of Manitoba has set new fine limits for individuals and businesses under The Public Health Act as part of its action to reduce spreading of COVID-19 and to “flatten the curve.”

The fines have been set at $486 for individuals and $2,542 for businesses that breach the new emergency measures.

To see the full news release and more details, click here.

Journal Updates

New issues of the following journals are now available through WestlawNext Canada and Lexis Advance Quicklaw.
For members of the Law Society of Manitoba, if you would like to read any of these articles, or if you are interested in any other publications we offer, please contact us for assistance at library@lawsociety.mb.ca.

From WestlawNext Canada:

Journal of Environmental Law and Practice, Vol. 33

  • Bill 4 and the Removal of Cap and Trade: A Case Study of Carbon Pricing, Climate Change Law and Public Participation in Ontario, Canada
  • Heidegger on Technology: Towards a Less-Anthropocentric, Multi-Disciplinary Legal Definition of “Sustainable”?
  • An Initial Evaluation of Canada’s New Sustainability-Based Impact Assessment Act

University of Toronto Law Journal, Vol. 70

  • Irit Samet, Equity: Conscience Goes to Market
  • The Patriation of Canadian Corporate Law
  • Institutions Protecting Constitutional Democracy: Some Conceptual and Methodological Preliminaries
  • Criminal Law in an Age of Mass Incarceration
  • Criminalization, Legal Moralism, and Abolition
  • Marriage, Work, and the Invention of Family Law in English Legal Thought

McGill Journal of Law and Health, Vol. 13

  • Physician Dismissal of Vaccine Refusers: A Legal and Ethical Analysis
  • Surgical Informed Consent and Recognizing a Perioperative Duty to Disclose in Transgender Health Care
  • Could Open Be the Yellow Brick Road to Innovation in Genomics in North America?
  • Le Parcours Judiciaire Des Victimes D’Insalubrité (Le Cas De La Moisissure)

University of Toronto Faculty of Law Review, Vol. 78

  • The Circumstances of Change: Understanding the Bedford/Carter Exceptions to Vertical Stare Decisis
  • Rumours of Corruption: Referrals from the World Bank Sanctions System to National Law Enforcement Authorities
  • Fixing the Odds: Designing Intelligent Loot Box Policy in the Canadian Context

 National Journal of Constitutional Law, Vol. 40

  • Telling Stories: The Crown, Parliament and Canada
  • Flexible and Cooperative Federalism: Distinguishing the Two Approaches in the Interpretation and Application of the Division of Powers
  • R. v. Comeau: Expert Evidence at Trial
  • Ontario’s Human Rights Tribunal Bungles the School Boards’ Human Rights Duty to Accommodate Students with Disabilities–J.F. v. Waterloo Catholic District School Board—An Erroneous Rejection of a Student’s Request to Bring His Autism Service Dog to School

Canadian Criminal Law Review, Vol. 25

  • The Shifting Focus of Canadian Impaired Driving Enforcement: The Increased Role of Provincialand Territorial Administrative Sanctions
  • At the Mercy of the Court: Canadian Sentencing Principles and the Concept of Mercy
  • Objective Fault, Strict Liability, and Javanmardi
  • R. c. Javanmardi ou la Simplicité Trompeuse

From Lexis Advance QuickLaw

Canadian Bar Review, Vol. 97 (also available on CanLII)

  • Shopkeeper’s Privilege: Coming to a Store Near You?, (2019) 97 Can Bar Rev 559 – 589
  • Predictive Coding: Adopting and Adapting Artificial Intelligence in Civil Litigation, (2019) 97 Can Bar Rev 486 – 525
  • A Trojan Horse: Can Indian Self-Government be Promoted Through the Indian Act?, (2019) 97 Can Bar Rev 697 – 720
  • Reconciliation and Ethical Lawyering: Some Thoughts on Cultural Competence, (2019) 97 Can Bar Rev 527 – 557

New Practice Directions

These are the latest practice directions regarding changes to the courts in reducing risk of infections and spreading of COVID-19.

Manitoba Court of Appeal
Hearings will be conducted remotely by videoconferencing during the COVID-19 pandemic (April 3, 2020) 

Manitoba Court of Queen’s Bench
COVID-19 – Suspension and Restriction of Hearings (April 2, 2020)

For all up-to-date practice directions and notices for all three courts, visit the Manitoba Courts webpage on COVID-19 at http://www.manitobacourts.mb.ca/covid-19/.

PLEASE NOTE: The Manitoba Law Library will be closed Monday, September 30th, 2024 for the National Day for Truth and Reconciliation.  Regular library service will resume Tuesday, October 1st, 2024 at 8:30AM.