COVID – Use of Masks (September 7, 2020) – Due to a positive test of COVID-19 in the law courts building, starting September 8, 2020 masks will be mandatory in certain areas of the courthouse. Details of these areas and further information can be found in the notice.
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.
Learn more about the origins of Labour day here.
The library has a number of resources on Labour and Employment Law in the library, as well as online:
Court of Queens Bench Notice
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.
All Notices and Practice Directives for the Queen’s Bench can be found here.
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.
Full notice available here.
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”.
…
[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.
Additional Commentary:
Saskatchewan court rules mandatory roadside breath testing constitutional / Kyla Lee (The Lawyers Daily, August 24, 2020)
The current issue, Volume 39 Number 4, August 2020 includes:
FROM THE LAW REPORTS
ARTICLES
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).
Great LEXpectations RSS Feed