New Court Notices from the Provincial Court and Court of Queen’s Bench

by | Jun 26, 2020 | Court of Queen's Bench, COVID-19, Notices, Notices, Provincial Court

Provincial Court of Manitoba – Re: Child Protection Hearings

This notice is in continuation of the notice of May 13, 2020 advising that child protection dockets will continue to sit in the court centres for the month of July, 2020, with the EXCEPTION of Steinbach, Beausejour, Pine Falls and Peguis First Nation. A list of child protection dockets sitting in court centres is included.

Provincial Court of Manitoba – Re: Covid-19 Suspension and Re-Opening Of Additional Courts

Further to the notice of May 15, 2020 additional court sittings will resume in Peguis First Nation, Pine Falls, Virden, Rossburn and Russell, only being open to those necessary to court proceedings. Those that do come to court are being asked to respect health protocols and refrain from coming if they are exhibiting any symptoms.

Other circuit courts which have not been re-opened as described in this notice will not sit
during July. All matters on those dockets will be further suspended and administratively
adjourned to the next court date set for that community.

Case management conferences will continue as scheduled and may be conducted by teleconference.

Court of Queen’s Bench Manitoba -Re: Scheduling Protocols for Family Division Motions and Case Conferences Via Teleconference or Video Conference

This Notice to Profession changes the Notice issued by this Court on April 28, 2020. This notice details protocols for videoconferencing. Motions will continue to be scheduled in a courtroom and will be heard via teleconference, with the judge’s assistant arranging the teleconference and notifying counsel. Effective immediately, counsel has the obligation to arrange a teleconference or a video conference for a case conference where both parties are represented by counsel. Protocols for motions and scheduling case conferences are provided.

New Queen’s Bench Notice to the Profession – Re: Triage Screening List

by | Jun 12, 2020 | Court of Queen's Bench, Notices

A new notice has been posted here.

Effective June 23, 2020, the Triage Screening List will commence in-person proceedings, reminding parties to follow the triage screening process described in Court of Queen’s Bench Rules 70.24 (16) to (21). Additional information regarding scheduling is detailed in the notice.

This notice changes previous notices which stated the Triage screening List would operate via teleconference.

To see all Queen’s Bench notices and directives click here.

For COVID-19 related notices, visit the courts webpage here.

Journals update

by | Jun 11, 2020 | Commentary, Current Awareness, Journals

New issues of the following journals are now available through WestlawNext Canada. 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.

Journal of Environmental Law and Practice Vol. 33

  • Climate Litigation and the Class Action Mechanism–The Potential Role of the UN Sustainable Development Goals, by Rudiger Tscherning,
  • Breaking Ranks (and Precedent): Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74, by Martin Olszynski , Nigel Bankes , Andrew Leach
  • Business as Usual?: The Limited Influence of Climate Change Disclosure and Fiduciary Duties on the Low-Carbon Investment Practices of Canada’s Big 10 Public Pension Funds, by Brandon D. Stewart

Education and Law Journal Vol. 29

  • Big Data, Privacy, and Education Applications, by Priscilla M. Regan, Jane Bailey
  • Interest Arbitration at the Central Table in the Education Sector, by Kristen Allen
  • Violence in Alberta’s Urban Schools: The Perspectives of School Resource Officers, by G. Abela, J.K. Donlevy
  • Rethinking McKinney: To What Extent Should Universities Be Charter-Free Zones?, by Kenneth Wm. Thornicroft
  • The Minister Must “Opt Out”: Ontario Lacks Authority to Make Ancillary Fees Optional at Colleges and Universities, by Emily Lewsen
  • Public Universities, Speech Policies, and the Law: Fourteen Maxims, by Bruce Pardy
  • Accommodating the Commute and the Bumps Along the Way Consequences of Silence: Arbitrator Finds Just Cause to Discipline Teacher for Declining to Answer School Board’s Investigation Questions, by Alec Stromdahl

Canadian Journal of Law and Society Vol. 35

  • Racialized, Gendered, and Sensationalized: An Examination of Canadian Anti-Trafficking Laws, Their Enforcement, and Their (Re)presentation, by Hayli Millar, Tamara O’Doherty,
  • Sites of Resistance: LGBTQI+ Experiences at Trinity Western University, by Heather Shipley
  • Play-by-Play Justice: Tweeting Criminal Trials in the Digital Age, by Tamara A. Small , Kate Puddister
  • Constitutional Law and Abortion in Saskatchewan: The Freedom of Informed Choice (Abortions) Act, by Sarah Burningham
  • La Relation Entre le Judiciaire et les Victimes Dans le Contexte de la Détermination de la Peine au Canada: Un Enjeu Pour L’Évolution Du Droit Criminel, by Sébastien Labonté
  • Récits de Justice et Office du Juge en Chine, by Hélène Piquet
  • Book Reviews:
    • Kent Roach, Canadian Justice, Indigenous Injustice: The Gerald Stanley and Colten Boushie Case. Montreal & Kingston: McGill-Queen’s University Press, 2019. 307 Pp., by Benjamin L. Berger,
    • Dan Kaminski et Philippe Mary (Dir.), La Société des Captifs. Une Étude D’Une Prison de Sécurité Maximale. Bruxelles: Larcier, 2019, 334 P., Traduction Augmentée de Gresham M. Sykes, The Society of Captives. A Study of a Maximum Security Prison. Princeton: Princeton University Press, 1958, by Sophie De Saussure

McGill Law Journal Vol. 64

  • Who’s Afraid of the Lucky Moose? Canada’s Dangerous Self-Defence Innovation, by Noah Weisbord
  • Judicial Audiences: A Case Study of Justice David Watt’s Literary Judgments, by Elaine Craig
  • Property Law and Collective Self-Government, by Malcolm Lavoie
  • Le Droit à L’Égalité et L’Accès Aux Professions Réglementées: Bilan Contrasté de la Jurisprudence Canadienne, by Frédérick Doucet, Geneviève St-Laurent
  • Book Review:
    • Familles, Inégalités et Droit Dans un Espace Mondialisé, Recension Critique de Daphna Hacker, Legalized Families in the Era of Globalization (Cambridge, UK: Cambridge University Press, 2017),Pp 386. ISBN 9781316535004, by Ivana Isailović

Canadian Journal of Law and Technology Vol. 18

  • Can PIPEDA ‘Face’ the Challenge? An Analysis of the Adequacy of Canada’s Private Sector Privacy Legislation Against Facial Recognition Technology, by Tunca Bolca
  • Developing Privacy Best Practices for Direct-to-Public Legal Apps: Observations and Lessons Learned, by Teresa Scassa, Amy Salyzyn, Jena McGill, Suzanne Bouclin
  • Reflections on the Influence of Social Media on Judging, by Peter D. Lauwers
  • Searches of the Person: A New Approach to Electronic Device Searches at Canadian Customs, by Justin Doll
  • Case Comment: British Columbia (Attorney General) v. Brecknell, by David TS Fraser
  • A Better Act, More Bad Behaviour Online: Nova Scotia’s New Intimate Images and Cyber-Protection Act Goes to Court, by Jennifer Taylor
  • Book reviews:
    • The Long Journey to Software Valuation: Risks and Rewards Ahead By Dwight Olson (San Diego: Truman Enamels, 2020), Softcover, 198 Pages, ISBN: 978-1-7344129-0-1. Available at Amazon.com, by Duncan C. Card

Journal of Parliamentary and Political Law Vol. 13

  • Reflections on Canadian Electioneering, by Gregory Tardi
  • A Novel and Necessary Remedy, by Gregory Tardi
  • Enhancing Canada’s Democracy without Electoral Reform, by Connor Macorin
  • Including Emerging Litigation Comprenant les Litiges en Voie de Développement, by Gregory Tardi, DJur.
  • The Ultimate Dilemma of Democracy, Gregory Tardi
  • Book Reviews:
    • Review of: Vernon Bogdanor Beyond Brexit: Towards a British Constitution (2019 I.B. Tauris, London), by Steven Chaplin
    • Review of: Patrick Malcolmson, Richard Myers, Gerald Baier, and Thomas M.J. Bateman the Canadian Regime: An Introduction to Parliamentary Government in Canada 6th Edition (Toronto: University of Toronto Press, 2016), by Nancy McCormack

These newly updated journals are also available with open access on CanLII.org.

McGill Journal of Law and Health Vol. 14

  • End-of-Life Care for Federally Incarcerated Individuals in Canada, by Adelina Iftene and Jocelyn Downie

Asper Review of International Business and Trade Law Vol. 19

  • Liberalizing the Investment Canada Act: Striking the Right Balance between Investment and Economic Security, by Trevor Neiman
  • How WTO Jurisprudence Can Help Resolve Interpretive Uncertainties Generated by Canada’s Domestic Free Trade Agreements, Ryan Manucha
  • Long Live the Delaware Supreme Court Decisions in Smith v Van Gorkom, Auerbach v Bennett, and Zapata v Maldonaldo!: Whether the Business Judgment Rule Should Apply in Nigeria, by Olumide Obayemi
  • Business-to-Business Electronic Communication in Canada: Reforming Canada’s Anti-Spam Legislation, by Maryia Kuzura
  • The Applicability of the Personal Information Protection and Electronic Documents Act to De-Indexing Internet Search Engine Results, by Jessica Pushka
  • Analysis of Global Regulatory Schemes on Chance-Based Microtransactions, by Anthony Wen-Tsun Wong
  • Unravelling Smart Contracts: Smart Contracts and the Law of Rescission in Canada, by Andrew Luesley
  • A Role for ECOWAS in Addressing the Challenges of Ineffective Regulation of Transnational Oil Corporations in Nigeria, by Rahina Zarma
  • RegTech and SupTech for Robo-Advisers: Alternative Regulatory Methods for Enhancing Compliance, by Ihsan Ibrahim Daldaban
  • The Hate Speech Debate: The Supreme Court, the Federal Government, and the Need for Civil Hate Speech Provisions,by Lauren E Scharfstein

Saskatchewan Law Review Vol. 83

  • The Non-Abdication Rule in Canadian Constitutional Law, by Felix Hoehn
  • The Duty to Negotiate and the Ethos of Reconciliation, by Mark Mancini
  • Book reviews:
    • High Time: The Legalization and Regulation of Cannabis in Canada Edited by Andrew Potter and Daniel Weinstock. Montreal: McGill-Queen’s University Press 2019. 234 Pp., $22.95 Pb., by Owen Pennock
    • Flawed Precedent: The St. Catherine’s Case and Aboriginal Title by Kent McNeil. Vancouver: UBC Press, 2019. 334 Pp., $27.95 Pb., by Kylee Wilyman
    • Privacy in Peril: Hunter v Southam and the Drift from Reasonable Search Protections by Richard Jochelson & David Ireland. Vancouver: UBC Press, 2019.244 Pp., $27.95 Pb., by Evan Best
    • Renewing Relationships: Indigenous Peoples and Canada Edited by Karen Drake & Brenda L. Gunn. Saskatoon: Wiyasiwewin Mikiwahp Native Law Centre, 2019. 386 Pp., $65.00 Pb., by Travis W. Smith
    • Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women by Elspeth Kaiser-Derrick. Winnipeg: University of Manitoba Press, 2019. 406 Pp., $34.95 Pb., by Danielle Nichols
    • Punished for Aging: Vulnerability, Rights, and Access to Justice in Canadian Penitentiaries by Adelina Iftene. Toronto: University of Toronto Press, 2019. 245 Pp., $24.71 Pb., by Miranda Wardman
    • Criminal Trials and Mental Disorders by Thomas L. Hafemeister. New York: New York University Press, 2019. 384 Pp., US$35.00 Pb., by Everhett Zoerb
    • The Jury Crisis: What’s Wrong with Jury Trials and How We Can Save Them by Drury R. Sherrod. Maryland: Rowman & Littlefield, 2019. 170 Pp., $34.00 Hc., by Kennedy Morrow

Please note: The library will be closing early on Friday, May 9th at 11:00AM for a special event.  Regular library service will resume Monday, May 12th at 8:30AM.