by George Roy | Nov 21, 2019 | Blogs, Commentary, Current Awareness
A monthly round-up of blog posts from the Manitoba legal community for the months of October and November
Clarke Immigration law
Lawyer Fees Online October 1, 2019
Robson Crim Legal Blog
Indeterminate Sentencing: Rehabilitation or Damnation? October 9, 2019 A. Homenko
False Witness Testimony Through the Lens of the Milgaard Story October 16, 2019, A. Homenko
The Criminal Justice System and Mental Health October 22, 2019, H. Allardyce
The Mandatory Minimum Fairy Tale October 23, 2019, A. Homenko
Criminal Charges and the Intersection of Immigration October 25, 2019, S Thiessen
Jury Representation: A wider view than the possible issue within peremptory challenges October 28, 2019, M Lawrence
Prostitution and Feminism: The Varying Perspectives on Laws Forbidding Sex Work October 29, 2019, H. Allardyce
Presumption of Innocence Diminished to Rhetoric October 30, 2019, A. Homenko
A Tailored Response to Criticisms of Courts Striking Down Mandatory Minimum Sentencing Provisions November 5, 2019, R Ziegler
A Comment on the Fleming 2019 Case November 6, 2019, B Roberts
Solitary Confinement for Incarcerated Youth: Further Exacerbating the Problem November 7, 2019, S Thiessen
High and Dry: Practical Issues with the Cannabis Act, Bill C-46, and Bingley November 12, 2019, R Ziegler
An Application for Ministerial Review: Brian Anderson’s Battle for Exoneration November 14, 2019, M Lawrence
The Significance of Mismatched Semantics Between Crown and Police First Party Disclosure Obligations from in R v Gubbins November 19, 2019 R Ziegler
Matthew Gould Blog
Consequences of Assault Offences in Canada October 10, 2019
What Are Your Rights For Enforcing Against A Landlord? November 7, 2019
MLT Aikins
5-year Travel Bans: An Increasing Concern for Canadians Travelling to the U.S. for Work or Pleasure
Travelling to the U.S. for Work? Avoid Delays and Refusals at the Border by Being Prepared
Normal Anxiety or Mental Illness? A Guide for Employers
Cascading Derivative Assessments and Preconditions to Liability under sections 160 and 227.1 of the Income Tax Act: Colitto v. Her Majesty the Queen, 2019 TCC 88
Can Private Property Owners Ban Drone Overflights?
Data Breach Reports Skyrocket in First Year of Mandatory Breach Reporting
Keeping the Faith — Five Years After Bhasin v Hrynew
TDSlaw
Trademark Security Interests in Canada November 18, 2019
Broader Protection for IP Licensees In Insolvency Proceedings Comes Into Effect On November 1, 2019 November 04, 2019
The California Consumer Privacy Act and Its Impact on Canadian Businesses October 29, 2019
Navigating Canadian Cannabis Promotion Restrictions – The Swag Exception October 24, 2019
by Karen Sawatzky | Nov 20, 2019 | Charter, Civil Litigation, Decision of the Week
This decision by Lanchbery, J. concerns the right of Manitoba Public Insurance to cancel a personalized licence plate (PLP) after allowing the respondent to display it for almost two years. The slogan on the licence plate was based on characters from Star Trek.
[88] The question before me, is the limit of s. 2(b) rights on PLPs for the purpose to “eliminate the inappropriate/possibly offensive slogans”, reasonable. Troller v. Manitoba Public Insurance Corporation, 2019 MBQB 157
The parties agreed that the decision to revoke the PLP is a discretionary administrative act of the Registrar (para. 81). Lanchbery, J. found that Charter protections are engaged, but further analysis showed that the actions of MPIC were reasonable.
One interesting fact that came out of this was that MPIC uses the Urban Dictionary as one of its sources to determine whether a potential PLP is offensive.
by Karen Sawatzky | Nov 19, 2019 | Legislation, Throne Speech
The second session of the 42nd Legislature has begun, with the Speech from the Throne.
The Manitoba government set out its key priorities to move Manitoba forward with guaranteed tax relief, job growth, health-care investments, education reform, and climate action in the speech from the throne, Premier Brian Pallister announced today. Delivered by the Chief Justice Richard J.F. Chartier at the opening of the second session of the 42nd legislature, the speech from the throne is an ambitious agenda with over 100 initiatives and at least 20 new bills planned for introduction.
Full details are in this news release.
by George Roy | Nov 18, 2019 | Criminal Law
On behalf of Public Prosecution Service of Canada:
Regarding Fentanyl and Acetylfentanyl Certificates
Since February 22, 2018, all Fentanyl Certificates of Analyst that the Public Prosecution Service of Canada has received from Health Canada’s Drug Analysis Service have stated that they analysed the substance to be “Fentanyl or an isomer thereof.” The Controlled Drugs and Substances Act (CDSA) Schedule I, item 16, does not list “isomers” as one of the included substances of Fentanyl. However, we have recently been advised by Health Canada that Fentanyl, as listed at subitem 16(5) in Schedule I of the CDSA, and Acetylfentanyl, not listed but captured under item 16 in Schedule I of the CDSA, currently have no known isomers that could have been seized and analyzed by Health Canada. As a result, for all Certificates of Analysis that say “fentanyl, or its isomers”, the substance referred to was Fentanyl, and for “Acetylfentnayl, or its isomers”, the substance referred to was Acetylfentanyl.
For a copy of the Health Canada notice or any further information about this subject, please contact Health Canada at https://www.canada.ca/en/health-canada/services/healthconcerns/controlled-substances-precursor-chemicals/drug-analysis-service.html#a3 or your local PPSC office at 515-234 Donald, Winnipeg, Manitoba R3C 1M8 or Janna Hyman, General Counsel, (204) 984-0493.
by Karen Sawatzky | Nov 12, 2019 | Library Hours
The Manitoba Law Library will be closing at 11:00 a.m. on Friday, November 15th for a swearing in ceremony reception.
After hours access will be available after 5:00 p.m. on Friday.
Regular hours will resume on Monday, November 18th.
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